Vadithya Balaji vs The Principle Secretary,
2021 Latest Caselaw 434 AP

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                WRIT PETITION No.14081 OF 2020

ORDER:-


     This Writ Petition is filed under Article 226 of the Constitution

of India seeking the following relief:-

              ".....pleased to issue writ of mandamus or any other
       appropriate writ or direction declaring the action of the
       respondent No.3 in cancelling the provisional selection of

the petitioner for the post of Driver Operator without affording any opportunity of being heard and issued the cancellation proceedings vide Rc.No.110/R&T/Rect.2/2018, dated 16.06.2020 is illegal, arbitrary and one without jurisdiction and violation of principles of natural justice and also violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequentially direct the respondents to consider the petitioners provisional selection in view of the Hon'ble Supreme Court judgment in the case of "Commissioner of Police Vs Dhaval Singh" reported in 1999 (1) SCC 246 and AVTAR SINGH V/S UNION OF INDIA & ORS reported in 2016 (8) SCC 471 ......."

2. Heard Sri Jada Sravan Kumar, learned counsel for the

petitioner, and the learned Government Pleader for Services-I

appearing for the respondents.

3. The case of the petitioner, in brief, is that in pursuance of

the notification in Rc.No.110/R&T/Rect.2/2018, dated 25.1.2019,

issued by respondent No.3 for recruitment to the post of Driver

Operator in A.P. Fire & Emergency Services Department, the

petitioner applied successfully and received his Admission Card

vide registration No.534. The petitioner has got selection for the

said post provisionally. Accordingly, provisional selection

proceedings were issued vide its proceedings

Rc.No.110/R&T/Rect.2/2018, dated 29.1.2020. Respondent No.3

has issued proceedings cancelling the provisional selection of the

petitioner unilaterally even without affording any opportunity to

him vide proceedings Rc.No.110/R&T/Rect.2/2018, dated

16.6.2020, on the ground that he suppressed the material fact of

involvement in a criminal case while filling up the Attestation Form

at Column No.16. However, it is contended that in view of the

judgments of the Apex Court in Avtar Singh vs. Union of India

and others1 and Commissioner of Police, Delhi vs. Dhaval

Singh2, similarly placed persons were appointed and it is

requested to apply the same principle to this petitioner also and

appoint him to the post of Driver Operator in A.P. Fire &

Emergency Services Department otherwise, it would amount to

discriminating the similarly placed persons and it is hit by Article

14 of the Constitution of India.

4. Respondent No.4 filed counter denying the material

allegations while admitting the selection of this petitioner as Driver

Operator but as per the antecedents verification report, the

petitioner was involved in a criminal case for various offences

though he was acquitted and for non-disclosure of the involvement

of the petitioner in the criminal case, the provisional selection was

cancelled and the impugned proceedings are issued and thereby,

the petitioner is not entitled to claim any relief and requested to

dismiss the writ petition.

5. During hearing, Sri Jada Sravan Kumar, learned counsel for

the petitioner, requested to issue a direction to the respondents to

consider the case of the petitioner in terms of Avtar Singh's case

(1 referred supra) and the orders issued to the similarly placed

persons in Rc.No.3384/ESTD 2017, dated 14.8.2020, otherwise, it

2016 Law Suit (SC) 735

1998 Law Suit (SC) 523

amounts to discrimination of this petitioner with the similarly

placed persons.

6. Sri N.Ashwartha Narayana, learned Government Pleader for

Services - I, contended that this petitioner has to approach the

competent authority by making a representation to consider his

case and requested to issue a direction to the petitioner to

approach respondent No.3.

7. The facts are not in dispute and this petitioner was

provisionally selected as a Driver Operator. He was arrayed as an

accused in C.C.No.571 of 2007 on the file of the learned Additional

Judicial Magistrate of First class, Tadepalligudem. Vide calendar

and judgment, dated 29.9.2010, he was found not guilty. However,

the petitioner did not disclose the same in the antecedent enquiry

and on the basis of the same, the respondents denied appointment

based on provisional selection. In fact, the requirement of

disclosure is only in respect of conviction and not a mere

involvement in any criminal case. Even assuming for a moment

that the petitioner is required to disclose his involvement in a

criminal case though he was found not guilty, in view of the

principles laid down in Avtar Singh's case (1 referred supra), it is

not a disqualification and on that ground, the provisional selection

cannot be cancelled.

8. Similarly placed persons were appointed basing on the

principles laid down in Avtar Singh's case (1 referred supra). The

petitioner is also entitled to the same benefit of Avtar Singh's case

(1 referred supra). Learned counsel for the petitioner has drawn

the attention of this Court to the proceedings issued in favour of

similarly situated persons in Rc.No.3384/ESTD 2017, dated

14.8.2020. Therefore, to avoid discrimination among the similarly

placed persons, respondent No.3 has to consider the case of this

petitioner based on the principles laid down in Avtar Singh's case

(1 referred supra). Hence, the petitioner is directed to submit a

representation to respondent No.3 and on receipt of such

representation, respondent No.3 shall apply the principles laid

down in Avtar Singh's case (1 referred supra) and the orders

issued to the similarly placed persons in Rc.No.3384/ESTD 2017,

dated 14.8.2020, and pass appropriate orders within two (2) weeks

thereafter.

9. With the above direction, the Writ Petition is disposed of at

the stage of admission with the consent of both the parties. There

shall be no order as to costs.

Miscellaneous petitions pending, if any, in this Writ Petition

shall stand closed.

_________________________________________ JUSTICE M.SATYANARAYANA MURTHY Date : 29.1.2021 AMD

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.14081 OF 2020

Date : 29.01.2021

AMD