J. ALEX PONSEELAN Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The petitioners in all these writ petitions had applied for the post of Grade-II Police Constables, in the Selection Process held by the Tamil Nadu Uniformed Services Recruitment Board. The process consisted of a written examination and thereafter physical fitness test. These petitioners were all selected in the same. Thereafter, verification, regarding antecedents of the petitioners, was done through police, which is otherwise known as 'Police Verification'. It came to light from such police verification reports that these petitioners were all involved in criminal cases. Based on the said reports and by referring to Rule 14(b)(iv) of the Tamil Nadu Special Police Subordinate Service Rules, 1978, their candidatures were rejected. Those orders are under challenge in these writ petitions. Considering the complicate questions of law involved in these writ petitions, this Court requested Mr. M. Ajmal Khan, the learned Senior Counsel, to assist the Court as amicus curiae. Accordingly, the learned Senior Counsel assisted the Court by bringing to the notice of this Court various judgments of the Hon'ble Supreme Court as well as this Court. I have heard the learned counsel for the petitioners and the learned Special Government Pleader Mr. M. Govindan.

(2.) The above said Police Service is governed by the Tamil Nadu Special Police Subordinate Service Rules, 1978 (hereinafter referred to as "the Rules"). Rule 14(b) of the Rules speaks of eligibility for appointment to the service, by direct recruitment. The said rule, as it originally stood, reads as follows:

(3.) Subsequently, the Government issued G.O. (Ms) No. 101, Home (Police IX) Department, dated 30.01.2003, thereby amending the "Tamil Nadu Special Police Subordinate Service Rules, 1978". This was done in exercise of the powers conferred under the Tamil Nadu District Police Act, 1859 and Section 9 of the Chennai City Police Act read with the proviso to Article 309 of the Constitution of India. By the said G.O., Rule 14(b) was amended and sub-rule (iv), along with Explanations (1) and (2), was added to Rule 14(b). The newly introduced provision, by way of the said amendment, reads as follows: