S RAJESHKUMAR Vs. SUPERINTENDENT OF POLICE, VILLUPURAM DISTRICT

JUDGEMENT

(1.) The relief sought for in this writ petition is to call for the records pertaining to the Order of Refusal of the appointment of the petitioner to the post of Police Constable (Grade-2) by the Respondent herein vide his proceedings Na.Ka.No.A2/4500/2017, dated 16.03.2018 and quash the same and consequently direct the respondent herein to grant appointment to the petitioner to the above said post based on the petitioner's representation dated 28.02.2018 wherein this petitioner had requested the respondent herein to consider the case of the petitioner in light of the order as made by this Court in Crl.R.C.No.39/2018, dated 12.01.2018, wherein this Court had converted the 'order of acquittal' into an order of 'Honourable Acquittal' and further as per section 19 of the Juvenile Justice (Care & Protection of Children) Act, 2000, there is no disqualification attaching to a conviction of an offence on the petitioner/Juvenile and hence there is no question of 'suppression of facts' arisen and hence requested to grant appointment to the petitioner to the post of Police Constable (Grade-2) in Tamil Nadu Special Police Force, Police Department, Government of Tamil Nadu by the Respondent herein.

(2.) Pursuant to the recruitment notification for appointment to the post of Grade II Police Constable, the writ petitioner has submitted an application and participated in the process of selection for appointment to the post of Grade II Police Constable. The writ petitioner had appeared in the written examination and passed in the said examination. Thereafter, he was called for certificate verification and physical verification test and physical endurance test and other medical examination. The petitioner had succeeded in all the examination and was awaiting for his appointment. Under these circumstances, the order impugned rejecting the candidature of the writ petitioner has been passed in proceedings dated 16.03.2018. The impugned order states that the writ petitioner had involved in a criminal case registered by the Sub-Inspector of Police, Ulundurpet Police Station in Crime No.471 of 2013 under sections 294(b), 355, 353, 506(i) of the Indian Penal Code.

(3.) On account of the registration of the criminal case, the selection committee found that the writ petitioner is not qualified for appointment to the post of Grade-II Police Constable. In paragraph 3 of the impugned order further states that the writ petitioner has suppressed the fact in respect of his criminal case history. Therefore, the candidate who suppressed the material fact is not eligible for selection and appointment to the post of Grade-II Police Constable. Based on the above said grounds, the impugned order was issued.