KRISHNA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has prayed for a mandamus permitting the petitioner to join training upon having been selected on the post of constable in U.P. Police Services.

(2.) The parties have exchanged affidavits and it transpires that the objection to the petitioner's candidature, on verifying the character and antecedents of the petitioner, it was found that the petitioner had concealed the pendency of a criminal case against him. A written submission has also been filed by Sri Sidharth Khare, learned Counsel for the petitioner.

(3.) The ground on which the action of the respondents is being questioned is that the character verification form as prescribed by the respondents does not contain any such clause calling upon the candidate to declare that any criminal case is pending against him. Learned Counsel has invited the attention of the court to column No. 11 of the said verification form, which is part of Annexure V to the writ petition. A perusal of the same indicates that the only question posed is whether the concerned candidate has been found guilty and convicted for any offence by any court of law or not. In view of this it is urged that there is no such other requirement and therefore, the stand taken by the respondents that the petitioner suppressed this fact of pendency of a case against him is irrelevant. Coupled with this, it is urged that the petitioner has been ultimately acquitted in the said case vide judgment dated 11.8.2005, a copy whereof is annexure VI to the writ petition and an information has been tendered to the respondents later on.