Madras High Court
Arunkanth vs Tamil Nadu Uniformed Services ... on 1 August, 2023
W.P.(MD).No.12980 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.08.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.12980 of 2023
and
W.P(MD)No.10985 of 2023
Arunkanth ... Petitioner
Vs.
1.Tamil Nadu Uniformed Services Recruitment Board,
Represented by its Chairman/Member Secretary,
Recruitment Sub-Committee, Tenkasi Centre,
Old Commissioner of Police Office Campus,
Pantheon Road,
Egmore,
Chennai – 600 008.
2.The Director General of Police,
Mylapore,
Chennai – 600 004.
3.The Superintendent of Police,
Tenkasi,
Tenkasi District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Certiorarified Mandamus, to call for the
records pertaining to the impugned order passed by the third
respondent vide office proceedings in Na.Ka.No.A4/9695/2023 dated
1/12
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W.P.(MD).No.12980 of 2023
16.05.2023 and quash the same as illegal and consequently direct 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 within the period stipulated by this Court.
For Petitioner : Mr.R.Karunanidhi
For Respondents : Mr.P.Veera Kathiravan
Additional Advocate General
Assisted by
Mr.N.Muthuvijayan
Special Government Pleader
ORDER
The present Writ Petition has been filed for issuance of a
Writ of Certiorarified Mandamus, to quash the impugned order passed
by the third respondent, dated 16.05.2023 and consequently direct the
respondents to issue an 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 within the period stipulated by
this Court.
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W.P.(MD).No.12980 of 2023
2.Heard Mr.R.Karunanidhi, learned counsel appearing for
the petitioner and Mr.P.Veera Kathiravan, learned Additional Advocate
General appearing for the respondents and perused the materials
available on record.
3.The petitioner completed 10th standard in the year, 2013
and subsequently, completed 12th standard in the year 2015 and he
also qualified in B.Com (CA) in the year 2018. On 16.07.2022, the
petitioner applied for the post of Grade-II Constable. He participated in
the written examination on 27.11.2022 and he got qualified in the
same. Thereafter, the respondents called the petitioner for physical
efficiency test on 07.02.2023. He scored 65 marks out of 70 marks in
the written examination and 24 marks out of 24 in the physical
efficiency test and totally, he got 89 marks in the written examination
and physical efficiency test. While so, during the month of April, 2023,
he was called for medical examination. In the meanwhile, on
16.05.2023, the third respondent passed the impugned order
mentioning that the petitioner was involved in a criminal case which
was dropped for further action and on that basis, he was not selected
by citing the involvement in the criminal case and his selection was
rejected. Challenging the same, this Writ Petition came to be filed.
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W.P.(MD).No.12980 of 2023
4.The learned counsel appearing for the petitioner
submitted that a criminal case has been filed as against the petitioner
and other accused in Crime No.567 of 2017 on the file of the
Srivilliputhur Town Police Station for the alleged offences under
Sections 143, 188, 353, 295 and 297 of I.P.C and it 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. Accused No.8 of the said crime number filed
a quash petition before this Court in Crl.O.P(MD)No.2156 of 2022 and
this Court, by order, dated 01.02.2022 quashed the said Crime No.567
of 2017 on the file of Srivilliputhur Town Police Station and the relevant
portion of which is extracted as follows:-
“2..... After all, during the relevant time,
the accused were College going students. The
petitioner is now aged about 24 years and he must
have been around 18 or 19 years then. One can take
judicial notice of the fact that during the relevant time,
conducting of NEET examination caused considerable
public unrest. Death of a student by name, Anitha,
made the whole issue highly emotional. Therefore, the
conduct of the petitioner can very well be understood.
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W.P.(MD).No.12980 of 2023
Admittedly, they did not indulge in any act of violence.
It is seen that the FIR was registered wayback on
08.09.2017. No explanation is also forthcoming for the
non-filing of the final report. In these circumstances,
continuance of the prosecution is clearly not
warranted. Therefore, the impugned FIR is quashed.
This Criminal Original Petition is allowed. The benefit of
this order will enure in favour of the non-petitioning
accused also. Consequently, connected miscellaneous
petitions are closed.”
5.Since this Court made a pertinent observation that the
benefit of the order passed in Crl.O.P(MD)No.2156 of 2022, dated
01.02.2022 would enure in favour of the non-petitioning accused also,
this petitioner did not file any quash petition and on the basis of the
order passed by this Court, the case against all the accused in the said
crime number was closed as referred on the basis of the High Court
order, dated 01.02.2022. Hence, the impugned order, dated
16.05.2023 is liable to be quashed and the petitioner is entitled to be
appointed as Grade-II Police Constable.
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W.P.(MD).No.12980 of 2023
6.Per contra, the learned Additional Advocate General
appearing for the respondents vehemently submitted that though the
petitioner did not suppress the pendency of the said Crime No.567 of
2017 on the file of Srivilliputhur Town Police Station in his application
for recruitment, in view of the order passed by the Hon'ble Apex Court
in the case of Sathish Chandra Yadav Vs. Union of India and
others reported in 2022 SCC Online SC 1300, the appointing
authorities were bound by the directions given by the Hon'ble Apex
Court in the said case and hence relying upon the said Judgment, in
which the Hon'ble Supreme Court has held that even in a case 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 cannot be compelled to appoint the candidates. The
acquittal in a criminal case would not automatically entitle a candidate
for appointment to the post. It would be still open to the employer to
consider the antecedents and examine whether the candidate
concerned is suitable and fit for appointment to the post. In view of
the said Judgment, the authorities have rejected the candidature of the
petitioner and hence, he prayed for dismissing the Writ Petition.
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W.P.(MD).No.12980 of 2023
7.The Hon'ble Division Bench of this Court in a batch of
cases in W.A(MD)Nos.938 of 2020 etc., batch cases, dated 05.06.2023
(The Director General of Police and others Vs. K.Indhu Kumar) while
dealing with similar matters as far as similar of this case is concerned,
has held as follows:-
“19. In the light of the above said
deliberations, the preposition of law could be
summarized as follows:
(a). In case of honourable acquittal,
discharge, case closed as mistake of fact, quashing of
F.I.R/Charge Sheet before the date of police
verification, the same should be considered in favour of
the candidate in the current selection itself.”
8.The writ petitioner in this case while he was a student
participated in the protest organized by fellow students protesting as
against the NEET examination and the right to protest for a common
cause is a fundamental right which is available to each and every
citizen of this Country and for the purpose of participating in the said
protest, the said crime number came to be filed. In Crl.O.P(MD)No.
2156 of 2022, dated 01.02.2022 filed by one of the accused in the said
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W.P.(MD).No.12980 of 2023
crime number, the learned Single Judge of this Court has rightly
observed that the alleged accused in the said crime did not indulge in
any act of violence and on the death of a student by name Anitha, the
whole issue went emotional across the State and bound by the
emotional outrage which caught across the State, the entire student
community across the State indulged in protest. As a result of which,
all the students participated in the said protest and there is no criminal
implication for having participated in the said protest and on that
basis, the F.I.R came to be quashed. However, without considering the
fact that the said crime number has already been quashed and
consequently, the case was also referred on the basis of the High Court
order, the appointing authorities, without application of mind, rejected
the candidature of the petitioner stating that the persons who are
acquitted under benefit of doubt or hostility of complaint will be treated
as involved in criminal case and he will not be considered for
appointment as per Rule 14(b) of TNSPSS Rules or Rule 13 of TNPSS
Rules. However, the petitioner was neither acquitted on the benefit of
doubt or hostility of the complainant, but the crime which was
registered as against him in an earlier stage and never culminated in
the filing of a charge-sheet and it was closed on the basis of the High
Court order, where the High Court has already held that it was only a
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W.P.(MD).No.12980 of 2023
protest and it cannot have any criminal implication. The respondent
authorities failed to consider the fact that there are no other criminal
antecedents as against the petitioner and this particular crime has
nothing to do with any criminal implication as far as the petitioner is
concerned and he had only exercised his fundamental right to protest
by participating in the protest organized by his fellow students and
definitely, it will not have any implication as to the nature of the job for
which he has applied to as Grade-II Police Constable.
9.In view of the same and on the basis of the order passed
by the Hon'ble Division Bench of this Court and the Hon'ble Division
Bench of this Court has also relied upon the Judgment passed by the
Hon'ble Supreme Court in the case of Sathish Chandra Yadav Vs.
Union of India and others reported in 2022 SCC Online SC 1300
while dealing the batch of writ appeals, this Court is inclined to quash
the impugned order, dated 16.05.2023 passed by the third respondent.
10.Accordingly, the impugned order, dated 16.05.2023
passed by the third respondent is quashed and subsequently, directing
the respondents to issue an appointment order to the petitioner and
send him for training to the post of Grade-II Police Constable with
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W.P.(MD).No.12980 of 2023
effect from the date of original selection within a period of twelve
weeks from the date of receipt of a copy of this order.
11.With the above observation, this Writ Petition is allowed.
There shall be no order as to costs. Consequently, connected
Miscellaneous Petition is closed.
01.08.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
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W.P.(MD).No.12980 of 2023
To
1.Tamil Nadu Uniformed Services Recruitment Board,
Represented by its Chairman/Member Secretary,
Recruitment Sub-Committee, Tenkasi Centre,
Old Commissioner of Police Office Campus,
Pantheon Road, Egmore,
Chennai – 600 008.
2.The Director General of Police,
Mylapore,
Chennai – 600 004.
3.The Superintendent of Police,
Tenkasi,
Tenkasi District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.12980 of 2023
L.VICTORIA GOWRI, J.
ps
W.P.(MD)No.12980 of 2023
01.08.2023
https://www.mhc.tn.gov.in/judis
