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2024 Supreme(AP) 1536
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. Manmadha Rao, J.
Musunuru Venkata Niteesh Kumar – Appellant
Versus
State of Andhra Pradesh and others – Respondent
WP No.6303 of 2020
Decided On : 29-10-2024
Advocate Appeared:
For the Appellant : G. Jagadeeswar
For the Respondent: Assistant Government Pleader for Home (AP)
Past criminal allegations must not prevent employment in disciplined forces if non-serious and fully disclosed, reinforcing the principle of transparency and fairness in recruitment processes.
Headnote:(A) Constitution of India - Article 226 - Writ of mandamus - Recruitment - The petitioner was not selected for training for the post of SCT PC (Civil) despite qualifying all requisite tests, based on allegations related to a past criminal case which resulted in acquittal - Court found the action of the respondents to be illegal, arbitrary, and against principles of natural justice. (Paras 1, 8, 9)
(B) Employment - Past criminal allegations - The court held that past criminal charges, when not serious and resulting in acquittal, should not bar employment in disciplined forces if disclosed transparently. (Paras 6, 8, 9)
Facts of the case:
The petitioner applied for the post of SCT PC (Civil) and qualified all selection tests but was not selected due to a rowdy sheet opened against him concerning a past criminal case; he was acquitted later.
Findings of Court:
The Court directed the respondents to select the petitioner for the training based on his qualifications and absence of current disqualification due to the closed rowdy sheet.
Issues: The main issues revolved around the interpretation of past criminal charges concerning recruitment eligibility and the principles of natural justice.
Ratio Decidendi: The court highlighted the importance of not disqualifying candidates based on non-serious past offences, especially when transparency in application is maintained.
Result: The writ petition is allowed and the respondents are directed to appoint the petitioner.
| Table of Content |
|---|
| 1. summary of recruitment process and denial. (Para 1) |
| 2. petitioner's qualifications and recruitment process details. (Para 2) |
| 3. respondent's counter on criminal history and rowdy sheet. (Para 3) |
| 4. arguments presented by both parties. (Para 4 , 5) |
| 5. court's view on disclosure of criminal history. (Para 6) |
| 6. similar case precedent on non-disclosure. (Para 7) |
| 7. court agrees with leniency on the conviction nature. (Para 8) |
| 8. court's decision to allow the writ petition. (Para 9) |
| 9. closure of pending applications. (Para 10) |
JUDGMENT /ORDER :
This writ petition is filed under Article 226 of the Constitution of India for the following relief :
".... to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not selecting the name of the petitioner for the Training for the Recruitment of the Post of SCT PC (Civil) (Men and Women) though the petitioner Qualified in all Tests conducted by the State Level Police Recruitment Board, Andhra Pradesh Test-2019 through the Notification vide Rc.No.215/R and T/Rect.2/2018 dated 12.11.2018 and selected for the said post and figured in the Provisional Selection List is, as illegal, arbitrary, unjust and also against the principles of natural justice consequently directing the respondents to select the name of the petitioner for the training through the said notification and allow the petitioner for the training and pass"
2. Brief facts of the case are that the Government of Andhra Pradesh has issued a notification through the 2nd respondent for the recruitment for the posts of SCT PC (Civil) (Men & Women), SCT PC (AR) (Men & Women), SCT PC (APSP) (Men) in Police Department & Warders (Men & Women) in Prisons and Correctional Department and Firemen in A.P. Fire and Emergency Services Department, vide Notification Rc.No.215/R&T/Rect.2/2018, dated 12.11.2018. Accordingly, the petitioner applied for the post of SCT PC (Civil) with Reg.No.4178168. He has attended for the Preliminary Written Test held on 06.01.2019 with Hall Ticket No.567500025 and for the Final Written Test held on 17.03.2019 with Hall Ticket No.258410160 and Qualified in both the tests. The petitioner has been called for Medical Examination held on 09.10.2019 at Government General Hospital, ACSR Medical College, Opp. A.C. Subba Reddy Stadium, Nellore and he has qualified in the Medical examination also. Thereafter a Provisional Selection List for the posts of SCT PC (Civil) (Men & Women) for the unit of SPSR Nellore also Published and his name is figured at Serial No.9 with Unit Serial No.106 in the BC-A Candidates List. Thereafter the selected candidates were sent to the Training. But the petitioner's name has not been selected to the Training, though he has qualified in all Tests. A criminal case has been registered against one Kotareddy Lekhin Reddy and 11 others in a Crime No.303 of 2014 of Nellore Rural Police Station on 11.08.2014, under Sections 143 , 341, 354(D)(2), 506 and 149 IPC. The petitioner's name has been falsely implicated in the said case as accused No.7. The said case has been tried by the Court of VIII Additional District and Sessions Judge-cum-Special Judge for the Trial of Offences against Women, Nellore with Sessions Case No.242 of 2017. Later, vide judgment dated 15.10.2019, acquitting all the accused Nos.A1 to A12 are found not guilty of the offences punishable under Sections 143 , 144, 341, 326(B) read with 149 and 363 read with 511 of IPC and A1 is found not guilty of the offences punishable under Sections 354(D)(2) and 506 of IPC and all are acquitted under Section 235(1) of Cr.P.C. There is no any whisper against the petitioner in the entire case. But the Police opened a Rowdy Sheet against him in the Nellore Rural Police Station with Rowdy Sheet No.185 and later the Sheet was transferred to Chinna Bazar Police Station, Nellore and renumbered as Rowdy Sheet No.159. The petitioner mentioned all the details
