IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 28236 of 2005 Between: 1 The State Level Police Recruitment Board, rep by Chairman, Hyderabad 2 Addl. DGP APSP, Bn., Hyderabad 3 Superintendent of Police, Warangal District ..... PETITIONER(S) AND R. Srinivas S/o Saraiah Unemployee R/o Village nagaram, Mandal Hasanparthy, Warangal District .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ or direction more particularly one inthe nature of Writ of Certiorari Calling for the records connected with order dated 18-07-2005 in OA No. 113 of 2005 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same as illegal and erroneous and pass such order or orders as this Hon'ble Court may deem fit and proper inthe circumstances of the case. Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent No.: MR.V.V.N.NARASIMHAM The Court made the following : Form-NIC-OGS/WP{TRT} THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.28236 OF 2005 ORDER (Per Hon’ble Sri Justice Ghulam Mohammed): This writ petition is filed seeking a Writ of Certiorari to quash the order dated 18-07-2005, passed in O.A.No.113 of 2005, on the file of the A.P. Administrative Tribunal, Hyderabad 2. The petitioners assert that the respondent herein appeared for the selection of Stipendiary Cadet Trainee Police Constable, APSP (Men) with Regd. No.320262, in response to the notification issued on 28- 01-2004. In the application Proforma submitted by the respondent, he stated that he was not involved in the criminal cases or arrested by the police. The respondent studied SSC and he belongs to BC-D (Mudira) category. He appeared for Physical Efficiency Test on 31-05-2004 and written test on 13-06-2004. He was qualified and enlisted in the provisional selection list of SCT PCs, APSP. In accordance with the said list, he was directed to submit his original certificates and attestation forms, sent to him in duplicate, vide memo dated 03-09-2004. The respondent submitted original certificate and attestation forms on 03-09-2004. During the verification of antecedents, in his report, it was clearly stated by the Inspector of Special Bureau Investigation, dated 21-09-2004, that he was involved in the criminal case in Cr.No.5 of 2000 under Sections 290, 323 and 506 IPC, which ended in compromise. 3. The petitioners further assert that the matter was reported to the Chairman, SLPRB, AP, Hyderabad, vide office fax dated 27-09-2004, who in-turn, has issued instructions to cancel the provisional selection of the respondent, for suppression of factual information in the attestation forms, vide A/M.RC.No.1244/R&T/Genl.2/2003, dated 02-10-2004. In compliance with the instructions issued, the provisional selection of the respondent was cancelled vide D.O.No.24 of 2005, dated 05-01-2005. Aggrieved by the action of the Superintendent of Police, Warangal, the respondent filed O.A.No.113 of 2005 before the Tribunal against the writ petitioners, praying for a direction to consider his case for appointment as Stipendiary Cadet Trainee Police Constable, APSP. 4. The Tribunal while disposing of the application set aside the cancellation order of selection of SCT PC and directed the writ petitioners to reinstate the respondent into service. 5. The Tribunal following the judgment of the Supreme Court in KENDRIYA VIDYALAYA SANGATHAN AND OTHERS v. RAM RATAN YADAV[1], allowed the O.A., as the applicant has already been acquitted of the criminal charges even prior to the Notification and set aside the order dated 05-01- 2005. 6. The learned Government Pleader for Services-I contended that the respondent has suppressed the factual information while filling up his application form in response to the Notification dated 28-01-2004, as also in the attestation form, and as such his provisional selection was cancelled, the Tribunal has committed an error in setting aside the order dated 05-01-2005 passed by the 3rd respondent. 7. Learned counsel for the respondent supported the impugned and reiterated the stand that was taken in the O.A. 8. We have carefully gone through the material on record. The Tribunal after going through the entire material on record, found that the respondent has not suppressed any material facts in the attestation form. It was also found that the respondent has already been acquitted from the criminal charges even prior to the Notification calling for the applications for the post of Stipendiary Cadet Trainee Police Constable, APSP, and by inadvertence, he did not furnish the information regarding acquittal in the criminal case and that it does not amount to suppression of material information. 9. Following the various judgments of the Supreme Court in T.S.VASUDEVEN NAIR v. DIRECTOR V.S.S.C.[2], COMMISSIONER OF POLICE, DELHI v. DHAVAL SINGH[3] and Kendriya Vidyalaya Sangathan’s case (1 supra), the Tribunal held that as the respondent has not suppressed any material facts, but by inadvertence, he did not specify about his involvement in the criminal case and the subsequent acquittal in the attestation form, allowed the O.A. and further held that the cancellation of the provisional selection of the respondent to the post of Stipendiary Cadet Trainee Police Constable, APSP, is arbitrary and violative of Articles 14 and 16 of the Constitution of India and thus, allowed the O.A. 10. In the circumstances, we do not find any infirmity or illegality in the order passed by the Tribunal and the impugned order of the Tribunal does not call for interference by this Court under Article 226 of the Constitution of India. 11. The Writ petition is devoid of merits and the same is accordingly dismissed. No order as to costs. ____________________________ JUSTICE GHULAM MOHAMMED June 20, 2008 ______________________ JUSTICE C.V.RAMULU kvr [1] 2003 (3) Supreme Court Cases 437 [2] 1998 (Supp.) SCC 795 [3] AIR 1999 SC 2326