LAWS(MAD)-2022-4-122

J. ARUNKUMAR Vs. STATE OF TAMIL NADU

Decided On April 26, 2022
J. Arunkumar Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The order of rejection dtd. 16/3/2022, passed by the fifth respondent, rejecting the candidature of the petitioner for selection to the post of Grade-II Police Constable, is under challenge in this writ petition.

(2.) The petitioner participated in the process of selection to the post of Grade-II Police Constable pursuant to the recruitment notification issued by the second respondent - Recruitment Board. He was successful in the written examination and allowed to participate in the physical efficiency test and endurance test. The petitioner states that he is a law graduate and successfully underwent all the tests. The petitioner in the affidavit has stated that he is not involved in any political activities and does not belong to any political party. Further, in Paragraph No.6 of the affidavit, the petitioner has stated that he has given in writing to the Inspector of Police, Silaiman Police Station, Madurai District, that he does not belong to any political party and not involved in any political activities. He further stated that it is the fundamental right of every citizen to get involved in political activities or get membership card in the political party, which he likes. However, the same cannot be a ground to reject the candidature of the petitioner based on the selection.

(3.) The learned counsel for the petitioner reiterated that the petitioner is a law graduate and a practicing lawyer and he was successful in the written examination and physical efficiency test. He has given a letter in writing before the Inspector of Police, Silaiman Police Station, Madurai District that he does not belong to any political party or involve in any political activities and therefore, the petitioner ought to have been selected and appointed. Mere possessing a membership card of a particular political party cannot be a ground to reject the candidature of the petitioner. Thus, the impugned order is liable to be set aside.