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2023 Supreme(Ker) 802

A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
State Of Kerala, Represented By The Principal Secretary To Government, Home (SSB) Department – Appellant
Versus
Durgadas, S/o. Rajendran Babu – Respondent


Advocates Appeared:
For the Petitioners: Shri. Asok M. Cherian, T.S. Shyam Prasanth.
For the Respondents: Kaleeswaram Raj, Thulasi K. Raj, Varun C. Vijay.

JUDGMENT :

(A. Muhamed Mustaque, J.)

    “Man aspires and makes his choice but the choice itself becomes a hurdle in the journey he aspired for”.

Shri Durga Das failed miserably in his life goal to have a partner of his choice. He realised the greatest challenge in life is not falling but rising from the moment when he falls. He fancied a career as a police constable in India Reserve Battalion Commando Wing. He succeeded in all tests that qualifies him to be appointed as a constable except establishing his antecedent character. Unlike in his failed marriage, he has not stopped raising his challenge. He persisted for his glory and succeeded before the Kerala Administrative Tribunal to appoint him as a constable. However, the State wants to stop him and has come up with this original petition challenging the order of the Tribunal.

2. Durga Das was involved in a criminal case based on a complaint lodged by his estranged wife while a matrimonial dispute was pending. The allegation against him was serious and would have persuaded any prospective employer to doubt his character and integrity. It was alleged that he trespassed into the classroom Peruman Engineering College in uniform of a studen

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