R.Sujin vs Superintendent Of Police
2022 Latest Caselaw 4241 Mad

Citation : 2022 Latest Caselaw 4241 Mad
Judgement Date : 4 March, 2022

Madras High Court

R.Sujin vs Superintendent Of Police on 4 March, 2022

                                                                                       W.P.(MD) No.3987 of 2022



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED : 04.03.2022

                                                              CORAM

                              THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                    W.P.(MD) No.3987 of 2022

                     R.Sujin                                                    ... Petitioner

                                                                    -vs-

                     Superintendent of Police,
                     District Police Office,
                     Nagercoil,
                     Kanyakumari District.                                      ... Respondents

                     Prayer:- Petition filed under Article 226 of the Constitution of India praying
                     for issuance of Writ of Certiorarified Mandamus, to call for the records
                     pertaining      the   impugned         order     in   Na.Ka.No.A4/9603/2021        dated
                     04.01.2022 on the file of the Respondent and quash the same as illegal and
                     consequently to direct the respondent to appoint the petitioner in any one of
                     the posts in the cadre of Grade II Police Constable within the time stipulated
                     by this Court.

                                   For Petitioner       :              Mr.S.Louis




                     _________
                     Page 1 of 7


https://www.mhc.tn.gov.in/judis
                                                                                 W.P.(MD) No.3987 of 2022




                                   For Respondent     :         Mr.N.Satheesh Kumar,
                                                                Additional Government Pleader.

                                                           ******

                                                          ORDER

The order of rejection dated 04.01.2022, rejecting the candidature

of the petitioner for selection to the post of Grade II Police Constable is

under challenge in the present writ petition.

2.The petitioner, pursuant to the Recruitment Notification issued

by the respondent, participated in the process of selection. He was

successful in the written examination and allowed to participate in the

physical verification test and endurance test. At the time of verification of

certificates, the Selection Committee rejected the case of the writ petitioner

on the ground that two criminal cases were registered against the petitioner

and they were quashed by this Court on account of the compromise entered

between the defacto complainant and the accused person.

_________

https://www.mhc.tn.gov.in/judis W.P.(MD) No.3987 of 2022

3.This Court is of the considered opinion that assessment of a

candidate with reference to antecedents, suitability and eligibility is the

power conferred on the Selection Committee. Such an assessment cannot

be interfered with the High Courts in a routine manner unless, the selection

is tainted with mala fides, fraud or corrupt activities. The decision of the

Selection Committee became final regarding the assessment of merits,

verification of antecedents and ascertaining the suitability and eligibility of

the candidates. High Court is not an expert body to assess the suitability

and eligibility. Therefore, mere quashing of the criminal charges would not

be sufficient enough to form an opinion that a candidate is suitable and

eligible for uniformed services. However, it is for the authorities to form an

opinion regarding the antecedents.

4.The learned counsel for the petitioner made a submission that

the allegations in the criminal cases are petty in nature and there was a

compromise and they were quashed. Therefore, registration of criminal case

would not be a bar for selection. It is contended that the criminal cases were

_________

https://www.mhc.tn.gov.in/judis W.P.(MD) No.3987 of 2022

registered at the age of 19 years and therefore, the criminal cases cannot be

considered as a bar for selection to the post of Grade II Police Constable.

5.The learned counsel for the petitioner relied on the judgment of

the Hon'ble Supreme Court in the case of Commissioner of Police and

Others vs. Sandeep Kumar [C.A.No.1430 of 2007 dated 17.03.2021]. The

relevant paragraph is as follows:-

“When the incident happened the respondent must have been about 20 years of age. At that age young people often commit indiscretions, and such indiscretions can often been condoned. After all, youth will be youth. They are not expected to behave in as mature a manner as older people. Hence, our approach should be to condone minor indiscretions made by young people rather than to brand them as criminals for the rest of their lives.”

6.This Court is of the considered opinion that it is an observation

made by the Hon'ble Supreme Court of India. However, such observations

_________

https://www.mhc.tn.gov.in/judis W.P.(MD) No.3987 of 2022

cannot be a bar for the Selection Committee to assess the over all suitability

and eligibility of the candidates. No doubt, authorities competent are bound

to consider various aspects while assessing the eligibility and suitability of

the person, but the High Court cannot offer any opinion in the matter of

selection more specifically to uniformed services, as it involves various

criteria. Therefore, mere observation by the Hon'ble Supreme Court

regarding the conduct of youth cannot be a ground to issue a direction to

select the petitioner. In fact, the Hon'ble Supreme Court and the Full Bench

of the Madhya Pradesh High Court has elaborately considered the issues

and those judgmets are as follows:-