LAWS(MAD)-2019-1-573

S.RAJESHKUMAR Vs. SUPERINTENDENT OF POLICE

Decided On January 11, 2019
S.Rajeshkumar Appellant
V/S
SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) Challenge in this writ appeal is to the order of the writ court dated 9.4.2018 passed in W.P.No.7879 of 2018, by which the writ court declined the prayer sought for by the appellant.

(2.) The relief sought for in the writ petition is to call for the records pertaining to the Order of refusal of the appointment of the appellant to the post of Police Constable (Grade-2) by the respondent, vide proceedings Na.Ka.No.A2/4500/2017, dated 16.03.2018, to quash the same and consequently, for a direction to the respondent to grant appointment to the appellant to the abovesaid post, based on his representation dated 28.02.2018 wherein, he has requested the respondent to consider his case, in the light of the order made by this Court in Crl.R.C.No.39/2018, dated 12.01.2018, wherein this Court, converted an order of acquittal into one of order of 'Honourable Acquittal' and further as per section 19 of the Juvenile Justice (Care & Protection of Children) Act , 2000, there is no disqualification attached to conviction of an offence, on the appellant, who was a juvenile at the time of commission of offence, and hence there is no question of suppression of facts.

(3.) Pursuant to the notification for appointment to the post of Grade II Police Constable, appellant has submitted an application and participated in the process of selection for appointment to the said post. He passed in the written examination. Thereafter, was called for certificate verification, physical verification test, physical endurance test and medical examination. He succeeded in all the examinations and awaiting for his appointment. Respondent vide his proceedings Na.Ka.No.A2/4500/2017, dated 16.03.2018 rejected his candidature on the grounds that writ petitioner was 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.