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2023 Supreme(Mad) 2832
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.S. SUNDAR, D. BHARATHA CHAKRAVARTHY, JJ.
M. Navaneetha Krishnan – Appellant
Versus
The Chairman, Tamil Nadu Uniform Services Recruitment Board, Chennai & Another – Respondents
W.A. (MD) No. 1351 of 2023
Decided On : 14-09-2023
For the Appellant:T. Lajapathi Roy, Senior Counsel for M/s. Lajapathi Roy & Associates, Advocates. For the Respondents:Veerakathiravan, Additional Advocate General, Assisted by D. Sachikumar, Additional Government Pleader.
The involvement of a juvenile in criminal cases should be considered in light of the Juvenile Justice Act, and the Fresh Start Principle should be applied to promote the reintegration of juveniles into society.
Headnote:
Character and Antecedents - Appointment of Fireman - Tamil Nadu Fire Subordinate Service Rules - 5B(1) - 5B(2) - Juvenile Justice (Care and Protection) Act, 2000 - United Nations Convention on the Rights of the Child - Fresh Start Principle
Fact of the Case:
The appellant challenged the rejection of his appointment as Fireman due to his involvement in criminal cases. The learned Single Judge dismissed the writ petition, citing the paramount importance of character and antecedents verification. The appellant appealed this decision.
Finding of the Court:
The court found that the appellant's involvement in a serious offence as a juvenile should not disqualify him, as per the Juvenile Justice Act. The court held that the authorities erred in considering the first criminal case and directed a review based on the rules in force at the relevant date.
Issues: The key issue was whether the appellant's involvement in criminal cases, including one as a juvenile, disqualified him from appointment as a Fireman.
Ratio Decidendi: The court held that the appellant's involvement in a serious offence as a juvenile should not disqualify him, as per the Juvenile Justice Act. The court also emphasized the Fresh Start Principle and the reintegration of juveniles into society.
Final Decision: The writ appeal was allowed, setting aside the previous orders and directing a review of the appellant's case based on the rules in force at the relevant date.
JUDGMENT
(Prayer: Writ Appeal has been filed under Clause 15 of Letters Patent to set aside the order, dated 24.03.2022 made in W.P.(MD)No.11110 of 2020 on the file of this Court.)
D. Bharatha Chakravarthy, J.
1. This Writ Appeal is directed against the order of the learned Single Judge, dated 24.03.2022 in W.P.(MD)No.11110 of 2020 in and by which, the learned Single Judge dismissed the writ petition filed by the appellant. In the said writ petition, the appellant herein had challenged the order of the second respondent dated 27.07.2020 thereby holding that the appellant was not suitable for appointment to the post of Fireman considering his character and antecedents. The consequential prayer of the appellant was to appoint him as Fireman as per the selection list dated 04.02.2020.
2. The facts in brief are that there exists a post of Fireman which is Category-5 in the Government of Tamilnadu Fire Subordinate Service. Recruitment to the said post is governed by the Rules framed under the proviso to Article 309 of the Constitution of India, which are known as Tamil Nadu Fire Subordinate Service Rules, as per which, the post is to be filled up by way of direct recruitment.
3. By a notification dated 06.03.2019, the respondents herein invited applications for the said post. The petitioner considering himself fully qualified to be appointed to the said post submitted an application in April 2019. Pursuant to the application, the appellant was allowed to participate in the selection process and based on his marks in the written examinations, physical examination etc., the appellant was selected for the said post and his name figures in the select list of 191 persons selected for the said post. However, even though 178 out of 191 selected persons were sent for training with effect from 07.07.2020, the appellant was not called for training. Upon enquiry, the appellant was informed that on account of his antecedents being involved in criminal cases, he was not being sent for training. Therefore, the appellant made a detailed representation to the respondents on 16.07.2020. Upon the said representation, the impugned order dated 27.07.2020 was passed communicating the reasons for his nonappointment.
4. The impugned order states that an adverse police verification report regarding character and antecedents have been received in the case of the appellant that two cases namely a case in Manamadurai Police Station Crime No.188 of 2010 for offences under Sections 147, 148, 341, 323, 325, 307 and 302 of IPC and Manamadurai Police Station Crime No.294 of 2019 for the offences under Sections 294(b), 323, 342 and 506(1) of IPC. On account of the said adverse report, the appellant was informed that he could not be appointed as Fireman. Challenging the same, the present writ petition is filed.
5. The learned Single Judge considered the case of the petitioner and considering the Judgment of the Hon''ble Supreme Court of India in Commissioner of Police Vs. Raj Kumar Civil Appeal No.4960 of 2021, dated 25.08.2021, held that the verification of suitability, eligibility and antecedents are of paramount importance and the decision of the selection committee in this regard becomes final and this Court cannot interfere with the decisions of the selection committee regarding the assessment of suitability, eligibility and verification of antecedents and once it was found that the appellant was involved in criminal cases, the claim of the writ petitioner cannot be countenanced and dismissed the writ petition. Aggrieved by the said order, the present writ appeal is filed.
6. Mr.Lajapathi Roy, the learned Senior Counsel appearing on behalf of the appellant, would submit that eventhough the post of Fireman is an uniformed service, the Recruitment Rules with regard to the rejection of candidature for suitability was amended only with effect from 14.09.2021. Prior to the amendment, as it was applicable as on date of this notification and consideration of the candidature
