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What to do if my exam is cancalled due to copy case?
12-Jan-2023 (In Documentation Law)
Sir UMC against me in exam after that university cancel my only that semester i give the exam next sem now i clear my degree i eligible for state or central govt. Jobs or not plz tell me i also complete mester degree 1year because punjab govt. Ask Inc or not when fill the job online
While filling up the application form for a govt. job, you are required to disclose the details of UMC made against you.
K. Sadanandan v. The State of Kerala it was contended that it is the discretion of the Appointing Authority to see that a fit person enters into the Government employment which is based on character and antecedents and circumstances prevailing should be taken into consideration.
The application form for recruitment for Government jobs generally require information to be given with regard to conviction by a court or judicial institution; pendency of a case in court of law; lodging of FIR and pendency of the case arising therefrom and in addition full details of the FIR; police station; whether charge sheet was submitted or returned; if the case was charge sheeted, then what was the outcome/information in the court or any other act of moral turpitude.
In Satish Kumar v. U.O.I & ors., it was quoted by the Hon’ ble court that such candidates against whom chargesheet in a criminal case has been filed in the court and the charges fall in the category of serious offences or moral turpitude, though later on acquitted by extending benefit of doubt or acquitted for the reasons that the witness have turned hostile due to fear of reprisal by the accused person(s), he/she will generally not be considered suitable for appointment . However, cases in which the criminal court, while acquitting, has categorically mentioned that the criminal case would not be a bar on appointment in Government Services, the candidate shall be considered for appointment.
It is undisputed that the legal concept of 'offenses involving moral turpitude' has not been clarified with due precision.
If the person was pardoned and allowed to continue his studies,he/ she should be allowed to serve the country with his services as well.
This is necessary because of the following observations in the Halsbury's Laws of England (Hailsham edition) -Page 479: -
' The effect of a pardon under the Great Seal is to clear the person from all infamy and from all consequences of the offense for which it was granted and from all statutory or other disqualifications following such conviction."
K. Sadanandan v. The State of Kerala it was contended that it is the discretion of the Appointing Authority to see that a fit person enters into the Government employment which is based on character and antecedents and circumstances prevailing should be taken into consideration.
The application form for recruitment for Government jobs generally require information to be given with regard to conviction by a court or judicial institution; pendency of a case in court of law; lodging of FIR and pendency of the case arising therefrom and in addition full details of the FIR; police station; whether charge sheet was submitted or returned; if the case was charge sheeted, then what was the outcome/information in the court or any other act of moral turpitude.
In Satish Kumar v. U.O.I & ors., it was quoted by the Hon’ ble court that such candidates against whom chargesheet in a criminal case has been filed in the court and the charges fall in the category of serious offences or moral turpitude, though later on acquitted by extending benefit of doubt or acquitted for the reasons that the witness have turned hostile due to fear of reprisal by the accused person(s), he/she will generally not be considered suitable for appointment . However, cases in which the criminal court, while acquitting, has categorically mentioned that the criminal case would not be a bar on appointment in Government Services, the candidate shall be considered for appointment.
It is undisputed that the legal concept of 'offenses involving moral turpitude' has not been clarified with due precision.
If the person was pardoned and allowed to continue his studies,he/ she should be allowed to serve the country with his services as well.
This is necessary because of the following observations in the Halsbury's Laws of England (Hailsham edition) -Page 479: -
' The effect of a pardon under the Great Seal is to clear the person from all infamy and from all consequences of the offense for which it was granted and from all statutory or other disqualifications following such conviction."
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