Rahul Kumar vs State Of U.P. And 3 Others
2022 Latest Caselaw 8036 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 
Case :- WRIT - A No. - 10727 of 2022
 
Petitioner :- Rahul Kumar
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Shyam Murari Upadhyay
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

1. Heard.

2. This petition has been filed with the following main relief:-

"(I) Issue a writ, order or direction in the nature of mandamus commanding and directing the concerned respondent no.3 to decide the representation of the petitioner dated 02.07.2022 registered on 05.07.2022 submitted before him, in a short period as fix by this Hon'ble Court and further be pleased to ensure the joining of the petitioner on the post of Constable in U.P. Police under the category of S.C."

3. It is the case of the petitioner that he had applied for selection as Police Constable against the advertisement in 2018. He was declared successful as per the merit list of S.C. category candidates declared on the website of the Recruitment Board for joining. The petitioner however was not allowed to join as Constable P.A.C. nor sent for training on the ground that a criminal case No.709 of 2020 under Sections 147, 148, 324,354 I.P.C. arising out of Case Crime No.453A of 2008 P.S. Bhopa District Muzaffar Nagar, was pending before the court of Juvenile Justice Board, Muzaffar Nagar. He was told that as soon as he is acquitted, he may apply and then he may be given joining. Learned Juvenile Justice Board by order dated 04.05,2022 acquitted the petitioner, a copy of which has been filed as annexure-4 to the writ petition. The petitioner thereafter applied for joining as Constable, P.A.C. along with certified copy of the judgment and order dated 04,05.2022 but he was not allowed to join. He has made representation in this regard to the Senior Superintendent of Police Ghaziabad for permitting him to join.

4. This Court finds that the petitioner has been selected in S.C. Category in P.A.C. as Constable but has applied to the S.S.P. Ghaziabad to permit him to join.

5. This petition is disposed of with a direction to the petitioner to make appropriate representation, annexing therewith the certified copy of the order passed by the Juvenile Justice Board, to the Commandant, 47th Battalion, P.A.C. In case such a representation is filed within time as aforesaid, the respondent no.4 shall consider the case of the petitioner taking into account the observations made by the Supreme Court in the case of Avtar Singh Vs. Union of India and others, 2006 (8) SCC 471 and a judgment rendered by a Division Bench of this Court in Shivam Maurya Vs. State of U.P. and others, 2020 (5) ADJ 6 , and shall pass appropriate orders within eight weeks thereafter.

Order Date :- 26.7.2022

Rahul