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kamalsharma (lawyer )     01 May 2020

examinations

a persion against whome a false case u/s 498a IPC and u/s 125 Cr.P.C is file wether he is competent for judicial examination


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 1 Replies

Archit Uniyal   01 May 2020

Hi,

The eligibility to appear in a judicial examination is that the person:

1) Must be a citizen of India.

2) Must be a law graduate holding a law degree from a recognized institution.

3) Must be above the age of 21 years but below the age of 35 years.

Other conditions depend on whether one is going foLower Judiciary Services or Higher Judiciary Services

The supreme court has said that appointment to judicial services can be denied having regard to past criminal records.

In the case Waman Shelke v. The High Court of Bombay (2016) the Court dismissed the petition of a lawyer under Article 226 of the Constitution seeking his appointment to the post of Civil Judge, Junior Division and Judicial Magistrate, First Class relying on the decision in Avtar Singh v. Union of India, (2016). The Supreme Court has clearly stated in the case that though the candidate may have been acquitted of the charges of serious nature and not involving offence of petty nature, the employer is bound to consider the grounds of acquittal and various other aspects to form an opinion as to the fitness of the candidate for appointment. On applying the ratio laid down in the above case to the facts of the present case the Court observed that the charges levelled against the petitioner were of a serious nature and not that could be classified as being petty hence a candidate like a petitioner, who is applying for judicial services, would have to live up to and meet even higher standards than any other candidate applying for a job with the Government or other civil services.

Giving an exam won't be an issue for the person but getting selected will be really hard as 498a attracts a punishment of more than a year and hence is not a petty offence. If the person can get a clean chit and all charges are dropped against him then there won't be any issue in the selection other than a few questions regarding the issue.

 

I hope this solves your query.

Regards,
Archit.


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