Citation : 2024 Latest Caselaw 1552 Tel
Judgement Date : 18 April, 2024
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.9685 OF 2024
ORDER:
This Writ Petition, under Article 226 of the Constitution of India,
is filed seeking the following relief:
"... to pass an order, Writ or Order or Direction, particularly one in nature of Writ of Mandamus, declaring the action of the 2nd respondent in not sending the petitioner for training for the post of SCTPC (Civil) in the 3rd respondent organization in pursuant to notification issued vide Rc. No. 41/Rect/Admn.1/2022 dated:25-4- 2022 of the 2nd respondent and not including the name of the petitioner in Procgs.Rc.No.94/Rect/Genl.1/2024,dated:09-04-2024 while including (158) candidates who were selected in the same recruitment, despite of informing the Petitioner about his acquittal in Criminal case vide S.C. No. 22/2021 U/s 354D, 354A, 376 (2)(n), 376 (3), 506 of IPC and section 6 of POSCO Act 2012 by the Court of Fast Track Special Sessions Court for Expeditious Trial and disposal of Rape and POCSO Act cases at Jagityal District and inspite of submission of representation on 1st March, 2024 and 3rd April, 2024 is as highly illegal, unjust, improper, arbitrary and violation of Article 14 and 21 and all Principles of Natural Justice and consequently hold that the petitioner herein entitled to be send him for ensuing training which is held in pursuance of the Procds.Rc.No.94/Rect/ Genl.1/2024, dated: 09-04-2024 for the post of SCTPC (Civil) with reference to the Notification issued vide Rc. No. 41/Rect/Admn.1/2022, dated:25-4-2022 by the 2nd respondent with all consequential benefits and pass..."
2. Heard Sri K. Arvind Kumar, learned counsel, representing
Sri P. Pravin Kumar, learned counsel for the petitioner and
Sri M.V. Rama Rao, learned Standing Counsel for respondent No.2-
Telangana State-level Police Recruitment Board. With their consent,
the writ petition is taken up for disposal at admission stage.
3. Learned counsel for the petitioner submits that the petitioner had
applied for the post of Stipendiary Cadet Trainee - Police Constable as
per the notification vide Rc.No.41/Rect./Admn.1/2022 dated
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25.04.2022, participated in due process of selection, and successfully
cleared all phases of tests such as Preliminary Written Test, Physical
Measurement Test, Physical Efficiency Test and Final Written
Examination, with Hall Ticket No.170309829. In pursuance of the
same, he was selected for the post of SCT PC (Civil), and called for
certificate verification and submission of attestation form. Learned
counsel further submits that the petitioner submitted his attestation
form on 12.10.2023, wherein, he had disclosed about the status of a
criminal case registered against him for the offences punishable under
Sections 354D, 354A, 376(2)(n), 376(3) and 506 of the Indian Penal
Code and Section 6 of the POSCO Act, 2012 i.e., Crime No.222 of 2020
on the file of the Gollapally Police Station, and he has also mentioned
about his acquittal in the said crime vide judgment dated 12.09.2022 in
S.C.No.22 of 2021 passed by the learned Court of Fast Track Special
Sessions Court for Expeditious Trial and Disposal of Rape and POSCO
Act Cases at Jagityal. Thereafter, an SB inquiry was also conducted in
the matter. Later, the petitioner attended the medical test on
05.02.2024. While so, respondent No.2 called some of the selected
candidates for 9 months' Basic Induction Training vide proceedings
dated 16.02.2024, which was scheduled to commence from 21.02.2024.
However, the petitioner was not called for attending the training. On
enquiry, he was informed that the names of the candidates who were
involved in criminal cases were placed before screening committee and
their names were not included in the Induction Training List. As such,
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the petitioner submitted a representation to respondent No.2 on
01.03.2024 requesting to consider his case for appointment to the post
of SCT PC (Civil) and to send him for training. However, no action has
been taken thereon so far. Therefore, learned counsel for the petitioner
prays this Court to direct respondent No.2 to consider the
representation of the petitioner dated 01.03.2024 and pass appropriate
orders within a reasonable period of time.
4. Learned Standing Counsel for respondent No.2 fairly submits that
respondent No.2 will consider the representation of the petitioner dated
01.03.2024 and pass necessary orders in accordance with law.
5. Having regard to the submissions made by the learned counsel
appearing for the respective parties, without going into merits of the
case, the Writ Petition is disposed of with a direction to respondent No.2
to consider the representation of the petitioner dated 01.03.2024, and
pass appropriate orders thereon, strictly in accordance with law, within
a period of three (03) weeks from the date of receipt of a copy of this
order, and communicate a copy thereof to the petitioner.
Miscellaneous petitions, if any, pending in this writ petition, shall
stand closed. No costs.
______________________ PULLA KARTHIK, J Date: 18.04.2024 Note: Furnish C.C. by 22.04.2024 B/o.
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