JUDGMENT :

Rajeev Misra, J.

Heard Mr. Vijay Gautam, the learned Senior Counsel assisted by Miss Atipriya Gautam, the learned counsel for petitioner and the learned Standing Counsel representing State respondents.

2. Challenge in this writ petition is to the order dated 26.4.2022 passed by respondent 6 the Commandant 39th Battalion, P.A.C., Mirzapur, whereby selection/appointment of petitioner on the post of Constable Civil Police and Constable P.A.C. direct recruitment-2018-II has been cancelled.

3. Record shows that U.P. Police Recruitment and Promotion Board, Lucknow issued an advertisement dated 16.11.2018, Constable Civil Police and Constable P.A.C. Direct Recruitment-2018-II, whereby 31,307 posts of Constable Civil Police and 18208 posts of Constable in P.A.C. were advertised for direct recruitment.

4. Selections to the post so advertised were to be made in accordance with the procedure prescribed in U.P. Police Constables and Head Constables Service Rules 2015 as amended from time to time.

5. Pursuant to aforesaid advertisement, petitioner duly applied for the post of Constable. He appeared in the written examination and qualified the same. Accordingly, petitioner was declared successful, vide notification dated 20.11.2019.

6. Consequently, petitioner was called for next stage of selection i.e. D-Document Verification and physical standard test (DV/PSC). In response to above, petitioner duly appeared regarding aforesaid at Reserve Police Lines, Mirzapur. At this juncture, petitioner was required to submit a notary affidavit regarding his personal information. Petitioner, accordingly, submitted the required notary affidavit before the Competent Authority on 29.7.2021. Ultimately, petitioner was declared as a selected candidate for the post of Constable in P.A.C. under the General category. Petitioner was, thus, required to undergo training at 39th Battalion, P.A.C. Mirzapur. The entire papers pertaining to the petitioner were sent to respondent 6, the Commandant 39th Battalion, P.A.C., Mirzapur, District Mirzapur. However, respondent 6 did jot permit the petitioner to join the same.

7. Subsequently, respondent 6 Commandant 39th Battalion, P.A.C., Mirzapur, District Mirzapur, issued a show-cause notice dated 9.1.2022 directing the petitioner to show-cause why his selection/appointment on the post of Constable P.A.C. be not cancelled for concealing the information regarding the criminal case registered against him in the notary affidavit submitted by petitioner himself.

8. In response to the aforesaid show-cause notice dated 11.1.2022 petitioner submitted his reply/IInd Notary Affidavit dated 11.1.2022 stating therein that Case Crime No. 151 of 2018, under Sections 325, 323, 504 IPC was registered, in which the petitioner was also nominated as an accused. Parties to the dispute compromised. Ultimately, Court below acquitted the accused including the petitioner, vide judgement and order dated 13.11.2019 passed by Judicial Magistrate, Ghazipur, in Criminal Case No. 726 of 2018 (State v. Jitendra and 4 others), arising out of Case Crime No. 151 of 2018, under Sections 325, 323, 504 IPC, P.S. Mardah, District Ghazipur. However, irrespective of above, respondent 6 the Commandant 39th Battalion, P.A.C., Mirzapur, passed the impugned order dated 26.4.2022, whereby the candidature/selection of the petitioner on the post of Constable P.A.C. was cancelled primarily on the ground that the factum regarding the pendency of the criminal case against the petitioner has not been mentioned in the affidavit filed by petitioner.

9. Learned Senior Counsel for petitioner submits that order impugned in present writ petition is manifestly illegal and arbitrary. He has invited the attention of Court to the averments made in paragraphs 36 and 37 of the writ petition and on basis thereof he submits that parties in the criminal case had already compromised. Consequently, on the date of submission of notary affidavit by petitioner, no criminal case was pending