The legal principle established is that a candidate who has been honourably acquitted of criminal charges is entitled to appointment as per Rule 14(b) of the Tamil Nadu Special Police Subordinate Service Rules 1978.

1. Pursuant to the notification issued by the Tamil Nadu Uniformed Services Recruitment Board, the petitioner applied for the post of Grade II Police Constable on 26.3.2012.

2. The second respondent issued Hall Ticket to appear for the written examination, that was held on 24.6.2012. The petitioner was successful in the written exam. Thereafter, the petitioner was directed to appear for Physical Measurement and Endurance Test and also for original Certificate verification on 22.8.2012.

3. The petitioner was provisionally selected for medical examination and Police verification. The provisional selection was published in the website. While so, the impugned order, dated 5.12.2012 was passed by the first respondent stating that the petitioner was not eligible for the provisional selection order for the Recruitment of Gr.II P.C. for the year 2012 due to the criminal cases registered against him.

4. The petitioner has filed this writ petition to quash the order, dated 5.12.2012 and for a direction to provide him appointment to the post of Gr.II P.C.

5. The learned counsel for the petitioner has submitted that long before he made application for the post of Gr.II P.C., he was acquitted in the criminal cases. It is submitted that thereafter, the petitioner approached this Court by filing criminal revision cases. Both the acquittals were modified as Honourable acquittals. Hence, the petitioner is entitled to appointment to the post of Gr.II P.C.

6. On the other hand, the learned Special Govt. Pleader submitted that as per the Rule 14(b) of Tamil Nadu Special Police Subordinate Rules, 1978, the petitioner is not entitled for selection/ appointment. The learned Special Government Pleader has relied on the Full Bench judgment of this Court in Manikandan and others vs. 1.The Chairman, Tamil Nadu Uniformed Services Recruitment Board, Chennai 2 and four others (2008(2) CTC 97) in this regard.

7. I have considered the submission made by both sides.

8. The petitioner made application to the Tamil Nadu Uniformed Services Recruitment Board on 26.3.2012 for the post of Grade II Police Constable. The application is in the printed form prescribed by the Tamil Nadu Uniformed Services Recruitment Board. Clause 29 of the application is relevant for the purpose of this case. Clause 29 is as follows:

"Whether any criminal case is pending against you ?

The answer given by the petitioner is "No".

9. Clause 29(a) requires the petitioner to produce details of the criminal case pending. Since the petitioner gave answer to the query raised in Clause 29 that there was no criminal case pending, he did not fill up Clause 29(a).

10. It is stated that the petitioner involved in two criminal cases. One ended in acquittal by the learned Judicial Magistrate, Thiruvarur, by an order, dated 3.11.2010 in C.C. No.260 of 2010 and the other is acquittal order, dated 10.10.2011 by the learned Judicial Magistrate, Thiruvarur in S.T.C. No.3454 of 2010. Therefore, as on date of making application, there was no criminal case pending against the petitioner. Furthermore, the petitioner filed Crl.R.C. No.234 of 2013 and Crl.R.C. No.186 of 2013 against those acquittals and sought to modify the same as honourable acquittal. Crl.R.C.No.234 of 2013 was allowed by this court on 26.2.2013 and Crl.R.C.No.186 of 2013 was allowed by this Court on 19.3.2013 and the acquittal was modified as honourable acquittal.

11. Rule 14(b) of the Tamil Nadu Special Police Subordinate Service Rules 1978 is extracted hereunder:

"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 not have more than one wife living; and

(iv) that he has not involved in any criminal case before pol