1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD).No.698 of 2011 and M.P.No.1 of 2011 M.Jayakumar : Appellant/Petitioner Vs. 1.The State of Tamil Nadu, Rep by its Secretary to Government, Home Department, Fort.St.George, Chennai 600 009. 2.The Director General of Police, Office of the Director General of Police, Kamarajar Salai, Chennai 4. 3.The Director, The Tamil Nadu Uniformed Services Recruitment Board, Chennai 600 002. : Respondents/Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 18.07.2011 made in W.P.(MD).No.7402 of 2011 on the file of this Court. PRAYER IN W.P.(MD).No.7402 of 2011: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus calling for the records pertaining to quash the impugned order in Na.Ka.No. 484/108266/Niyamanam 1(2)/2011 dated 26.04.2011 on the file of the respondent No.2 and consequently directing the respondents to appoint the petitioner as II Grade Constable of police in the Tamilnadu Police Department for the year 2009-2010 forthwith. For Appellant : Mr.R.Venkatesan For Respondents : Mr.R.Karthikeyan 1 to 3 Additional Government Pleader JUDGMENT [Judgment of the Court was delivered BY P.JYOTHIMANI, J] This Writ Appeal is directed against the order of the learned Single Judge dated 18.07.2011 made in W.P.(MD).No.7402 of 2011, whereby the learned Single Judge, while dismissing the Writ Petition, has https://hcservices.ecourts.gov.in/hcservices/ 2 referred to Rule 14(b) explanation (II) of the Tamil Nadu Special Police Subordinate Service Rules, 1978, [for short "the Rules"]. 2. In the process of recruitment, when an application was made by the appellant, in respect of column No.15, which is as follows:- 15. Have you ever been concerned in any criminal case as defendant as defendant?. Have you ever been arrested or convicted and sentenced to undergo imprisonment and to pay a fine in any criminal case or other offences? If so, give details in C.C.No. and the Court. the appellant has given a positive reply that he was not involved in any criminal case. However, it was found that he has suppressed his involvement and arrest in respect of a criminal case filed against him under Section 6(b) of the Essential Commodities Act, 1955, and therefore, his application came to be rejected. As per Rule 14(b) of the Rules, including explanation II, which are as follows:- "14(b). No person shall be eligible for appointment to the service by direct recruitment unless he satisfies the Appointing Authority,- (i) that he is of sound health, active habits and free from any bodily defect or infirmity unfitting him for such service; and (ii) that his character and antecedents are such as to qualify him for such service; and (iii) that such a person does not have more than one wife living; and (iv) that he has not involved in any Criminal Case before police verification. Explanation (2): A person involved in a criminal case at the time of police verification and the case yet to be disposed of and subsequently ended in honourable acquittal or treated as mistake of fact shall be treated as not involved in a criminal case and he can claim right for appointment only by participating in the next recruitment.", a person is not eligible to be considered for appointment for direct recruitment, if he was involved in any criminal case and the only exemption being that in cases where there was an honourable acquittal or closing the case by treating the same as "mistake of fact". 3. On the facts of the present case, as rightly found by the learned Single Judge, the appellant, having involved in a criminal case and having been arrested, such fact has not been disclosed, certainly, by virtue of the said specific Rule, cannot, as a matter of right, claim https://hcservices.ecourts.gov.in/hcservices/ 3 a right to be considered for appointment. The Judgment relied on by the learned counsel for the appellant in Commissioner of Police vs. Sandeep Kumar reported in 2011 STPL (web) 282 is not applicable to the facts of the present case, since the observation made by the Hon'ble Supreme Court in the said Judgment was not on interpretation of any statutory Rules. 4. On the other hand, a Full Bench of this Court in Manikandan v. Chairman T.N.Uniformed Services, Recruitment Board reported in 2008 (2) CTC 97, while considering the same Rule, by narrating various case laws on the issue, has held that the Rule 14(b) of the Rules is not ultra- vires or unconstitutional and that by virtue of explanation I to clause (iv) of 14(b) of the Rules, a person, acquitted on benefit of doubt or discharged in a criminal case, can still be considered as "disqualified" for selection to the police service of the State and the same cannot be termed as illegal or unjustified and that a person, who fails to disclose in the Application Form either his involvement in a criminal case or the pendency of a Criminal Case against him, would entitle the Appointing Authority to reject his application on the ground of concealment of a material fact, irrespective of the ultimate outcome of the Criminal Case. 5. In the light of the specific finding by the Full Bench in the above said Judgment, we do not find any reason to interfere with the order of the learned Single Judge. Therefore, the order dated 18.07.2011 made in W.P.(MD).No.7402 of 2011 is confirmed and the Writ Appeal stands dismissed. It is needless to say that if the appellant is eligible for making a fresh application in the event of a fresh recruitment process, it is for him to work out his remedy in the manner known to law. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, Home Department, Fort.St.George, Chennai 600 009. 2.The Director General of Police, Office of the Director General of Police, Kamarajar Salai, Chennai 4. 3.The Director, Tamil Nadu Uniformed Services Recruitment Board, Chennai 600 002. +1 CC to Special Government Pleader (SR.No.25233) JUDGMENT MADE IN W.A.(MD).No.698 of 2011 29.07.2011 NB NSV/18.8.11/3P/5C https://hcservices.ecourts.gov.in/hcservices/