S. VAIDYANATHAN, MOHAMMED SHAFFIQ
D. Chitharanjan – Appellant
Versus
Member Secretary, The Tamil Nadu Uniformed Service Recruitment Board – Respondent
ORDER :
S.Vaidyanathan, J.
Heard the learned counsel appearing for the Review Applicant and the learned Additional Advocate General appearing for the respondents.
2. This Review Application is filed by the Writ Petitioner to review the order dated 10.02.2022 in Writ Appeal No.978 of 2014 on the file of this Court.
3. The above said Writ Appeal No.978 of 2014 was filed by the State against the order dated 22.03.2013 passed in Writ Petition No.1740 of 2013.
4. The said W.P.No.1740 of 2013 was filed by the review applicant herein (D.Chitharanjan) to call for the records in Na.Ka.No.M1/6241/2012, dated 10.12.2012 on the file of the second respondent (The Superintendent of Police, District Police Office, Kancheepuram) and quash the same and direct the first respondent-Member Secretary of the Tamil Nadu Uniformed Service Recruitment Board, to select and appoint the writ petitioner (review petitioner) for the post of Grade-II Police Constable in the Tamil Nadu Special Police, Kancheepuram.
5. Learned counsel for the review petitioner submitted that the review petitioner is similarly placed
Meera Bhanja Vs. Nirmala Kumari Choudhury reported in 1995 (1) SCC 170
Chhajju Ram Vs. Neki ( (1921-22) 49 IA 144 : (1922) 16 LW 37 : AIR 1922 PC 112)
Shivdeo Singh Vs. State of Punjab (AIR 1963 SC 1909)
Ariban Tuleshwar Sharma Vs. Ariban Pishak Sharma (1979 (4) SCC 389 : AIR 1979 SC 1047)
Union of India Vs. Sandur Manganese & Iron Ores Ltd. ((2013) 8 SCC 337 : JT (2013) 8 SC 275).
The court established that suppression of criminal history does not automatically disqualify candidates; each case must be assessed on its individual merits and circumstances.
Point of Law : High Court, as a Court of record, has a duty to itself to keep all the records correctly and in accordance with law.
Non-disclosure of minor criminal involvement does not automatically disqualify a candidate; suitability must be assessed holistically by the appointing authority.
An employee who suppresses material information or gives false information cannot claim a right to continue in service.
The Juvenile Justice Act, 2015, prohibits stigma against juveniles in conflict with the law, emphasizing the protection and rehabilitation of juveniles, and the prohibition of stigma even in cases of....
There cannot be any disqualification on a juvenile in conflict with law.
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