A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
Binnesh Babu@ Bineesh Babu – Appellant
Versus
State Of Kerala, Represented By Secretary To Government, Home (SSB) Department – Respondent
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
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