Petitioner, an advocate applying for Civil Judge (Junior Division), challenged rejection for not signing the declaration of truth. Bench held failure to sign verification goes to root of application, denying interference.
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HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
PRESENT
THE HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON’BLE SRI JUSTICE S.V.BHATT
WRIT PETITION No.5697 of 2015
DATED: 28.09.2015
Between: Balsingh Mood … Petitioner and The High Court of Judicature … Respondent
THE HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON’BLE SRI JUSTICE S.V.BHATT
WRIT PETITION No.5697 of 2015
PC: (per the Hon’ble The Acting Chief Justice Dilip B. Bhosale)
Heard learned counsel for the parties.
The petitioner, who is an advocate, and who had applied for the post of Civil Judge (Junior Division), seeks the following relief:
“For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondent in rejecting the application of the petitioner on the ground that the petitioner has not signed the declaration vide proceedings in Roc.No.15/2014-RC, dt.4.3.2015 as illegal, arbitrary and consequently direct the respondent to consider the application of the petitioner for the post of Civil Judge (Junior Division) pursuant to the notification issued in No.15/2014-RC, dt.1.2.2014 and pass such other or further orders as the Hon’ble Court feels deem fit and proper in the facts and circumstances of the case.”
The petitioner’s application was rejected solely on the ground that he did not sign the declaration stating that the
information furnished by him in the application is true and correct. It is not in dispute that he had not signed the declaration. We are informed that about 15 applications were rejected on this ground. This lapse on the part of the petitioner, even in our opinion, goes to the root. Unless all the information furnished/disclosed by a candidate in the application for such an important post is verified by him by signing the declaration, such application cannot be considered and person committing such lapse cannot be allowed to participate in any such selection process. In our opinion, no case whatsoever was made out for interference.
The Writ Petition is accordingly dismissed.
Consequently, miscellaneous petitions, if any, also stand disposed of.
________________________ DILIP B. BHOSALE, ACJ
28th SEPTEMBER, 2015.
_____________ S.V. BHATT, J
kvni
1 issue framed by the court
Whether the High Court can interfere when a candidate's rejection from a judicial post is based on the ground that he failed to sign the declaration verifying his application information.
Balsingh Mood
The High Court of Judicature
DILIP B. BHOSALE
S.V. BHATT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
