Telangana High Court
Singarapu Anil Kumar vs The State Of Telangana on 18 April, 2024
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.9685 OF 2024
ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
"... to pass an order, Writ or Order or Direction, particularly one in nature of Writ of Mandamus, declaring the action of the 2nd respondent in not sending the petitioner for training for the post of SCTPC (Civil) in the 3rd respondent organization in pursuant to notification issued vide Rc. No. 41/Rect/Admn.1/2022 dated:25-4- 2022 of the 2nd respondent and not including the name of the petitioner in Procgs.Rc.No.94/Rect/Genl.1/2024,dated:09-04-2024 while including (158) candidates who were selected in the same recruitment, despite of informing the Petitioner about his acquittal in Criminal case vide S.C. No. 22/2021 U/s 354D, 354A, 376 (2)(n), 376 (3), 506 of IPC and section 6 of POSCO Act 2012 by the Court of Fast Track Special Sessions Court for Expeditious Trial and disposal of Rape and POCSO Act cases at Jagityal District and inspite of submission of representation on 1st March, 2024 and 3rd April, 2024 is as highly illegal, unjust, improper, arbitrary and violation of Article 14 and 21 and all Principles of Natural Justice and consequently hold that the petitioner herein entitled to be send him for ensuing training which is held in pursuance of the Procds.Rc.No.94/Rect/ Genl.1/2024, dated: 09-04-2024 for the post of SCTPC (Civil) with reference to the Notification issued vide Rc. No. 41/Rect/Admn.1/2022, dated:25-4-2022 by the 2nd respondent with all consequential benefits and pass..."
2. Heard Sri K. Arvind Kumar, learned counsel, representing Sri P. Pravin Kumar, learned counsel for the petitioner and Sri M.V. Rama Rao, learned Standing Counsel for respondent No.2- Telangana State-level Police Recruitment Board. With their consent, the writ petition is taken up for disposal at admission stage.
3. Learned counsel for the petitioner submits that the petitioner had applied for the post of Stipendiary Cadet Trainee - Police Constable as per the notification vide Rc.No.41/Rect./Admn.1/2022 dated 2 PK,J wp_9685_2024 25.04.2022, participated in due process of selection, and successfully cleared all phases of tests such as Preliminary Written Test, Physical Measurement Test, Physical Efficiency Test and Final Written Examination, with Hall Ticket No.170309829. In pursuance of the same, he was selected for the post of SCT PC (Civil), and called for certificate verification and submission of attestation form. Learned counsel further submits that the petitioner submitted his attestation form on 12.10.2023, wherein, he had disclosed about the status of a criminal case registered against him for the offences punishable under Sections 354D, 354A, 376(2)(n), 376(3) and 506 of the Indian Penal Code and Section 6 of the POSCO Act, 2012 i.e., Crime No.222 of 2020 on the file of the Gollapally Police Station, and he has also mentioned about his acquittal in the said crime vide judgment dated 12.09.2022 in S.C.No.22 of 2021 passed by the learned Court of Fast Track Special Sessions Court for Expeditious Trial and Disposal of Rape and POSCO Act Cases at Jagityal. Thereafter, an SB inquiry was also conducted in the matter. Later, the petitioner attended the medical test on 05.02.2024. While so, respondent No.2 called some of the selected candidates for 9 months' Basic Induction Training vide proceedings dated 16.02.2024, which was scheduled to commence from 21.02.2024. However, the petitioner was not called for attending the training. On enquiry, he was informed that the names of the candidates who were involved in criminal cases were placed before screening committee and their names were not included in the Induction Training List. As such, 3 PK,J wp_9685_2024 the petitioner submitted a representation to respondent No.2 on 01.03.2024 requesting to consider his case for appointment to the post of SCT PC (Civil) and to send him for training. However, no action has been taken thereon so far. Therefore, learned counsel for the petitioner prays this Court to direct respondent No.2 to consider the representation of the petitioner dated 01.03.2024 and pass appropriate orders within a reasonable period of time.
4. Learned Standing Counsel for respondent No.2 fairly submits that respondent No.2 will consider the representation of the petitioner dated 01.03.2024 and pass necessary orders in accordance with law.
5. Having regard to the submissions made by the learned counsel appearing for the respective parties, without going into merits of the case, the Writ Petition is disposed of with a direction to respondent No.2 to consider the representation of the petitioner dated 01.03.2024, and pass appropriate orders thereon, strictly in accordance with law, within a period of three (03) weeks from the date of receipt of a copy of this order, and communicate a copy thereof to the petitioner.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. No costs.
______________________ PULLA KARTHIK, J Date: 18.04.2024 Note: Furnish C.C. by 22.04.2024 B/o.
GSP