Point of Law: Order impugned cancelling the candidature of the petitioner is not sustainable in the eye of law.

JUDGMENT :

MANJU RANI CHAUHAN, J.

1. Heard Mr. Vijay Gautam, Senior Advocate assisted by Mr. Rishabh Kesarwani, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

2. This writ petition has been filed by the petitioner with the following prayer:

“(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 31.03.2022 passed by the respondent no. 6, (enclosed as Annexure no. 1) to the writ petition by which the candidature of the petitioner for selection/appointment on the post of Constable Civil Police and Constable PAC, Direct Recruitment 2018-II has been cancelled.

(ii) Issue a writ, order or direction, in the nature of mandamus, commanding the respondent authorities, to appoint the petitioner finally for the post of Constable Civil Police and Constable PAC, Direct Recruitment 2018-II, pursuant to the advertisement dated 16.11.2018 and in pursuance of the select list issued vide notification dated 02.03.2020 with all consequential benefits.

(iii) Issue a writ, order or direction in the nature of mandamus, directing the respondent authorities, to send the petitioner for necessary training on the post of Constable Civil Police and Constable PAC, direct Recruitment 2018-II pursuant to the advertisement dated 16.11.2018 and in pursuance of the select list issued vide notification dated 02.03.2020....”

3. Learned counsel for the petitioner submits that the petitioner applied pursuant to the advertisement dated 16.11.2018 for the post of Constable Civil Police and Constable PAC, Direct Recruitment 2018-II. The petitioner appeared in the written examination on 27.01.2019. He was declared successful in written examination and, thereafter, he appeared in document verification and Physical Efficient Test (PET) and he was declared medically fit in the aforesaid test. As per the final list of selected candidates, which was published on 02.03.2020, the petitioner was shown as successful candidate. Thereafter, he was allotted district-Meerut for joining his training, however, the competent authority has not permitted the petitioner to join his training (JTC), on the ground that the petitioner has given a false affidavit with respect to pendency of criminal case, which was lodged against the petitioner and one unknown person on 10.05.2021 being Case Crime No. 142 of 2021, under Sections 188, 269, 270 IPC and 3 Epidemic Act at P.S. Doghat, District-Baghpat.

4. Learned counsel for the petitioner further submits that pursuant to the order passed by this Court dated 08.10.2021 in Cri. Misc. Writ Petition No. 7787 of 2021 (Vinay Kumar and Others vs. State of U.P. and Others) the State Government has withdrawn all the criminal proceedings, which have been initiated under Epidemic Act 1987, during pandemic of Covid-19 on 26.10.2021. Pursuant to the aforesaid, the criminal case lodged against the petitioner has also been withdrawn on 15.02.2022. The petitioner was neither arrested nor he has obtained bail from any court in the aforesaid case and the said FIR was lodged behind the back of petitioner as the petitioner did not have any knowledge about lodging of the said FIR, therefore, at the time of submitting the affidavit, he has not disclosed about the aforesaid criminal case, which was later withdrawn. Subsequently, the impugned order dated 31.03.2022 has been passed by respondent no. 6 whereby the candidature of the petitioner has been cancelled in an arbitrary manner without application of judicial mind, therefore, the order impugned cannot be sustained in the eye of law.

5. He further submitted that as the aforesaid criminal case against the petitioner has been withdrawn vide order dated 15.02.2022 and he has already been exonerated from all the charges, therefore, the case of the petitioner should have been considered while passing the order impugned. He further submits that while passing the order impugned, the respondent authorities has not applied their mind and passed a