MP High Court Interim Order Permits Candidate With Pending Criminal Case To Appear For Nursing Entrance Exam Despite Bar In Admission Rules
Madhya Pradesh High Court recently directed the State to accept the admission form of a student leader, who was barred from applying for the post Basic B.Sc. and M.Sc. Nursing courses due to pending criminal cases.
Justice Sanjeev Sachdeva and Justice Vinay Saraf stated that merely having pending criminal proceedings, without any conviction, should not disqualify a candidate from pursuing education, particularly when the charges do not involve moral turpitude.
"We note that the petitioner in the instant case is a student and is not involved in any case pertaining to moral turpitude and is only seeking to undertake further study in M.Sc. Nursing Course.”
There were certain conditions mentioned in the admission rules and under condition No. 5.1 for the nursing courses it was stated that candidates with ongoing criminal cases or past convictions shall be disqualified from applying. The petitioner contended that this restriction was unconstitutional since he was not seeking employment but simply pursuing higher education, which was his right
The petitioner further argued that the charges against him, came from four different FIRs under various sections of the Indian Penal Code and they did not involve moral turpitude. The cases were still pending in court and the petitioner had not been convicted. The petitioner emphasises that denying him access to education based on unproven charges was against the principle of presumption of innocence, which is the basis of criminal law.
The court, highlighted the importance of the reformation principle in criminal jurisprudence and stated that “We may note that the cardinal principal of criminal jurisprudence his reformation which would entail being a inclusive society and giving an opportunity to individuals to improve their life, standard and behavior.”
The court further observed that the petitioner did not conceal his involvement in the criminal cases while filling out the admission form. Due to the admission rules, he was unable to proceed with the form once he declared his involvement in the FIRs. “
The court directed the respondents, to accept Petitioner's admission form in physical format and clarified that accepting the form and allowing the petitioner to sit for the exam would be without prejudice to the rights and contentions of the parties. Further, it noted that the examination would be subject to the court's final decision in the case.
The judges also acknowledged the petitioner's right to education and held that merely because the criminal cases were pending, the petitioner could not be deprived of the opportunity to advance his career. “The petitioner's participation in the examination does not equate to an endorsement of his innocence or guilt in the ongoing criminal proceedings.”
Case title: Shri Ravindra Parmar (Ravi) Vs The State Of Madhya Pradesh
Case No: WP No. 31627 of 2024