M. ARUN KUMAR Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) In response to the Recruitment Notification called for the year 2017 for the post of Grade-II Constable in the Tamil Nadu Special Police Youth Brigade (TSPYB) by the Tamil Nadu Uniformed Services Recruitment Board (hereinafter referred to as 'TNUSRB'), the petitioner had applied for the said post. He was provisionally selected after clearing the written examination and thereafter, he had also passed the physical efficiency test and medical test on 02.08.2017. The certificate verification was also conducted on 02.08.2017.

(2.) It is alleged that prior to making an application, the petitioner was implicated in a criminal case registered under section 12 of the Tamil Nadu Gaming Act, 1930 in Crime No.10 of 2016, which came to be closed by the learned Judicial Magistrate, Mudukulathur in C.C.No.109 of 2017 under section 468(ii) of Criminal Procedure Code (hereinafter referred as 'Cr.P.C') for non-filing of final report.

(3.) It is the case of the respondents that the petitioner has suppressed his involvement in the aforesaid criminal case in his application before the TNUSRB. Hence, his candidature was rejected for such suppression. Aggrieved against the rejection, the petitioner had filed a writ petition in W.P.(MD) No.20779 of 2017 and by an order dated 09.01.2018, this Court had set aside the rejection order and remanded back the matter for fresh consideration on the parameters laid down by the Hon'ble Apex Court in the case of Avtar Singh vs. Union of India , 2016 8 SCC 471. On remand, the third respondent herein had once again rejected the petitioner's candidature on 24.10.2019 on the ground of 'concealment of material fact'. This rejection order is under challenge in the present writ petition.