Telangana High Court
Agurla Kamalakar vs The State Of Telangana on 23 April, 2024
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.10600 OF 2024
ORDER:
With the consent of both the parties, this Writ Petition is being disposed of at the admission stage.
2. This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:
"...to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the 2nd respondent authorities in rejecting the case of the petitioner for appointment to the Post of SCT PC (AR), notified vide Notification Rc.No.41/Rect./Admn-1/2022, dated 25.04.2022, on the ground of pendency of criminal case by the time of appointment and further action in not taking any action on the representation of the petitioner dated 15.03.2024 as highly illegal, arbitrary and in violation of Articles 14 & 16 of the Constitution of India, consequently direct the 2nd respondent to issue Appointment Orders to the petitioner for the post of SCT PC (AR), notified vide Notification Rc.No.41/Rect./ Admn-1/2022, dated 25.04.2022 and pass such other order or orders..."
3. Heard Sri Ramesh Kadari, learned counsel for the petitioner; learned Government Pleader for Services appearing on behalf of respondent No.1 and Sri M.V.Rama Rao, learned Special Government Pleader for Telangana State Level Police Recruitment Board appearing on behalf of respondent No.2.
2 PK,J W.P.No.10600 of 2024
4. Learned counsel for the petitioner submits that in pursuance of the Notification vide Rc.No. 41/Rect./Admn.1/2022, dated 25.04.2022 issued by respondent No.2, the petitioner had applied for the post of Stipendary Cadet Trainee (SCT) Police Constable (AR) in Police Department, Jagitial Unit. After undergoing due process of selection, the petitioner was selected for the said post and consequently, the respondents-authorities issued letters to the selected candidates, whereby they were sent for undergoing training for the said post, but no letter was issued to the petitioner. When the petitioner enquired about the same in the Office of DPO, Jagitial, he came to know that the respondents have not issued any letter to the petitioner on the ground that he is involved in a criminal case.
5. Learned counsel for the petitioner further submits that though a case in C.C.No.1016 of 2018, on the file of Judicial Magistrate of First Class, Jagtial, was pending against the petitioner and others, they were acquitted by the competent criminal Court vide Judgment, dated 07.03.2024. Therefore, the petitioner has made a representation before the 2nd 3 PK,J W.P.No.10600 of 2024 respondent on 15.03.2024 narrating all the facts and the same is pending consideration. Hence, learned counsel prayed this Court to direct respondent No.2 to consider the representation of the petitioner, dated 15.03.2024 and pass appropriate orders, at the earliest.
6. Learned Standing Counsel appearing on behalf of respondent No.2 submits that since the petitioner is involved in a criminal case, he is not eligible and entitled for the post of Stipendary Cadet Trainee (SCT) Police Constable (AR), however, respondent No.2 will consider the representation of the petitioner, dated 15.03.2024 and pass appropriate orders, in accordance with law.
7. Having regard to the submissions made by the learned counsel for the respective parties, without going into the 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 15.03.2024 and pass appropriate orders, strictly in accordance with law, as expeditiously as possible, preferably within a period of three (03) weeks from the date of 4 PK,J W.P.No.10600 of 2024 receipt of a copy of this order and communicate a copy thereof to the petitioner. There shall be no order as to costs.
Pending Miscellaneous Applications, if any, shall stand closed.
_____________________ PULLA KARTHIK, J Date : 23.04.2024 Note: Issue C.C. in two days.
B/o.
SVL