IMPORTANT POINT
The main legal point established is that character assessment for public service should consider the individual's circumstances and the impact of social disparities, emphasizing the need for fair treatment, especially for marginalized individuals.

JUDGMENT :

A.Muhamed Mustaque, J.

“Every saint has a past and every sinner has a future” is a famous phrase from Oscar Wilde's play “A Woman of No Importance”

1. The petitioner, lacking any past accolades to boast of, hailed from a marginalized community entrenched in poverty is caught in between the province of fortune and condemnation. He carried a history of criminal involvement long preceding his attempt at the competitive examination for Police Constable (Kerala Armed Police Battalion). He was advised by PSC on 18/7/2017. This advice was canceled by the Government by proceedings dated 23/3/2018 noting that he was accused of 9 crimes. Citing Rule 10(b)(iii) of Part II of the Kerala State & Subordinate Service Rules, 1958, the Government deemed him unsuitable for appointment due to his questionable character and past indiscretions, thereby barring his entry into public service.

2. The petitioner is a Scheduled Caste community member and falls within the Below Poverty Line (BPL) category. He approached the Tribunal challenging the Government's decision. The Tribunal did not interfere with the Government's decision. This is how the petitioner approached this Court.

3. The following are the nine crimes as referred to in the reply statement filed by the official respondent/s before the Tribunal:

i) Vaikom Police Station.Cr.211/2004 U/s 447, 323, 324, 341, 326, 34 IPC The case is that due to the enmity towards the complainant, the accused persons ( The applicant and his associates) criminally trespassed into the house of the complainant on 20-04-2004, restrained the complainant and attacked him with bike chain and stick and thus he sustained serious injuries etc. This case 248(i) CrPC on 29-09-2007 vide CC-535/2004 of Judicial First Class Magistrate Court, Vaikom.

ii) Thalayolaparambu Police Station Crime 251/2010 U/s 143, 147, 148,149,447, 294(b),323,324,427 IPC The case is that the accused persons (The applicant and his associates) unlawfully assembled themselves on 15-07-2010 and criminally trespassed into the house of the complainant and abused using filthy languages, attacked the complainant and his son using iron rod and wooden logs and destroyed the house hold articles worth Rs.1000/- etc. The applicant was the second accused in this case. This case was acquitted U/s 232 CrPC on 22-08-2014 vide SC-352/2012 of District & Sessions Court, Kottayam.

iii) Thalayolaparambu Police Station Crime 555/2011 U/s 12(10) r/w 20 of KPRB and RR Sand Act - The case is that on 15-10- 2011, the accused (The applicant) excavated 250 Cubic feet sand from Pullanthi river without any sanction or license from authority concerned etc. This case was acquitted U/s 255(i) CrPC on 27-022015 vide CC- 920/2013 of Judicial First Class Court, Vaikom.

iv) Thalayolaparambu Police Station Crime 672/2011 U/s 12(8)(10) r/w 20 of KPRB and RR Sand Act - The case is that on 08-12- 2011, the accused persons (The applicant & his associates) excavated about 200 feet sand from Pullanthi river for sale without any sanction or license from authority concerned etc. This case was acquitted U/s 256 CrPC on 07-09-2016 vide CC-298/2014 of Judicial First Class Court, Vaikom.

v) Thalayolaparambu Police Station Crime 22/2012 U/S 12(8)(10) r/w 20 of KPRB and RR Sand Act - The case is that on 09-01- 2012, the accused persons (The applicant & his associates) excavated sand from Pullanth river and filled it: In a boat for sale without any sanction or license from authority concerned etc. In this case, the accused (The applicant) pleaded guilty on 10-03-2014 and convicted and sentenced to fine Rs.1000/- by the Honourable Judicial First Class Court, Vaikom and the accused remitted the amount vide ST- 1563/2012.

vi) Thalayolaparambu Police Station Crime 273/2012 U/s 12(10) r/w 20 of KPRB and RR Sand Act The case is that on 11-04-2012, the accused persons (The applicant & his associates) excavated about 250 feet sand from Pullanthi river and stored it for sale without any sanction etc. This cas