Telangana High Court
Agurla Kamalakar vs The State Of Telangana on 23 April, 2024
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETITION No.10600 OF 2024
ORDER:
With the consent of both the parties, this Writ Petition is
being disposed of at the admission stage.
2. This Writ Petition is filed under Article 226 of
Constitution of India seeking the following relief:
"...to issue a writ, order or direction more particularly one in
the nature of writ of Mandamus, declaring the action of the 2nd
respondent authorities in rejecting the case of the petitioner
for appointment to the Post of SCT PC (AR), notified vide
Notification Rc.No.41/Rect./Admn-1/2022, dated 25.04.2022,
on the ground of pendency of criminal case by the time of
appointment and further action in not taking any action on the
representation of the petitioner dated 15.03.2024 as highly
illegal, arbitrary and in violation of Articles 14 & 16 of the
Constitution of India, consequently direct the 2nd respondent
to issue Appointment Orders to the petitioner for the post of
SCT PC (AR), notified vide Notification Rc.No.41/Rect./
Admn-1/2022, dated 25.04.2022 and pass such other order or
orders..."
3. Heard Sri Ramesh Kadari, learned counsel for the
petitioner; learned Government Pleader for Services appearing
on behalf of respondent No.1 and Sri M.V.Rama Rao, learned
Special Government Pleader for Telangana State Level Police
Recruitment Board appearing on behalf of respondent No.2.
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4. Learned counsel for the petitioner submits that in
pursuance of the Notification vide Rc.No.
41/Rect./Admn.1/2022, dated 25.04.2022 issued by
respondent No.2, the petitioner had applied for the post of
Stipendary Cadet Trainee (SCT) Police Constable (AR) in Police
Department, Jagitial Unit. After undergoing due process of
selection, the petitioner was selected for the said post and
consequently, the respondents-authorities issued letters to
the selected candidates, whereby they were sent for
undergoing training for the said post, but no letter was issued
to the petitioner. When the petitioner enquired about the
same in the Office of DPO, Jagitial, he came to know that the
respondents have not issued any letter to the petitioner on
the ground that he is involved in a criminal case.
5. Learned counsel for the petitioner further submits that
though a case in C.C.No.1016 of 2018, on the file of Judicial
Magistrate of First Class, Jagtial, was pending against the
petitioner and others, they were acquitted by the competent
criminal Court vide Judgment, dated 07.03.2024. Therefore,
the petitioner has made a representation before the 2nd
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respondent on 15.03.2024 narrating all the facts and the
same is pending consideration. Hence, learned counsel
prayed this Court to direct respondent No.2 to consider the
representation of the petitioner, dated 15.03.2024 and pass
appropriate orders, at the earliest.
6. Learned Standing Counsel appearing on behalf of
respondent No.2 submits that since the petitioner is involved
in a criminal case, he is not eligible and entitled for the post
of Stipendary Cadet Trainee (SCT) Police Constable (AR),
however, respondent No.2 will consider the representation of
the petitioner, dated 15.03.2024 and pass appropriate orders,
in accordance with law.
7. Having regard to the submissions made by the learned
counsel for the respective parties, without going into the
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 15.03.2024 and pass appropriate orders,
strictly in accordance with law, as expeditiously as possible,
preferably within a period of three (03) weeks from the date of
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receipt of a copy of this order and communicate a copy thereof
to the petitioner. There shall be no order as to costs.
Pending Miscellaneous Applications, if any, shall stand
closed.
_____________________
PULLA KARTHIK, J
Date : 23.04.2024
Note: Issue C.C. in two days.
B/o.
SVL
