The Hon’ble Madras High Court opining that the right to protest for a common cause is a fundamental right which is available to each and every citizen of this Country, noted that there were no criminal antecedents as against the Petitioner and this particular crime had nothing to do with any criminal implication as far as the Petitioner was concerned.
The Petitioner had only exercised his fundamental right to protest by participating in the protest hence the same would not have any implication as to the nature of the job for which he had applied to as Grade-II Police Constable.
Brief Facts:
The present writ petition has been filed to seek direction to the Respondents to issue appointment order to the petitioner and send him for training for the post of Grade II Police Constables (Armed Reserve, Tamil Nadu Special Force, Jail Warder and Firemen) with effect from the date of original selection.
Brief Background:
The Petitioner applied for the post of Grade-II Constable. After qualifying in the exams, the Petitioner was called for a medical examination. However, meanwhile, the Respondent No.3 passed an order that since the Petitioner was involved in a criminal case, he would not be selected.
Contentions of the Petitioner:
It was asserted that the case was with respect to the raising of slogans and seeking withdrawal of NEET examination which was organized by college students and the petitioner also participated in the same. Further, the said case was closed by the Court qua all Accused.
Contentions of the Respondents:
It was argued that where the employees have made declaration truthfully and correctly of a concluded criminal case, the employer still has the right to consider the antecedents and could not be compelled to appoint the candidates.
Observations of the Court:
Opining that the right to protest for a common cause is a fundamental right which is available to each and every citizen of this Country, the Bench noted that no criminal action was taken against the said incident. Hence, the FIR was also quashed.
It was ruled that there were no criminal antecedents as against the petitioner and this particular crime had nothing to do with any criminal implication as far as the petitioner was concerned. The Petitioner had only exercised his fundamental right to protest by participating in the protest hence the same would not have any implication as to the nature of the job for which he had applied to as Grade-II Police Constable.
The decision of the Court:
Based on the aforementioned analysis, the writ petition was accordingly allowed.
Case Title: Arunkanth v. Tamil Nadu Uniformed Services Recruitment Board & Ors.
Case No.: W.P.(MD)No.12980 of 2023
Coram: Hon’ble Justice L. Victoria Gowri
Advocate for Appellants: Adv. Mr. R. Karunanidhi
Advocates for Respondents: Advs. Mr.P.Veera Kathiravan , Mr.N.Muthuvijayan
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