Justice K.B.K.Vasuki set aside the order on the ground that the petitioner K.Mohammed Eirsath had not actually suppressed the information in his application and he had been acquitted in the case as the Judicial Magistrate came to the conclusion that a trivial case had been foisted against him.
The petitioner submitted that rejecting his candidature on December 12, 2007 was unjust and arbitrary and claimed that he did not suppress the facts of his alleged involvment in a petty case. He had mentioned about it and acquittal. Besides, he had been implicated in the case with an ulterior motive, he had said.
The petitioner said he also scored 80.5 per cent though the cut-off marks was only 74 per cent. Hence, he should be selected on the basis of marks only, he submitted.
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