Beer Bahadur Singh vs State of U. P. - 2023 Supreme(All) 1980

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1980

AJIT KUMAR
Beer Bahadur Singh – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Sanjeev Singh
For the Respondent: C.S.C.

JUDGMENT :

Hon'ble Ajit Kumar, J.-Petitioner has been applicant for the post of Constable in Civil Police/Police Armed Constabulary pursuant to the advertisement issued and the recruitment examination held in 2015. While recruitment process was being undertaken and the examination was held, the entire selection and recruitment became subject-matter of litigation before this Court. Ultimately, with the dismissal of the writ petition, the respondents proceeded with further medical examination test. Petitioner was also medically examined and successfully made it to the merit list. However, when he submitted his affidavit of undertaking and disclosed therein two criminal cases pending against him, one relating to Sections 341/332/353 Indian Penal Code and 2/3 Gangsters Act and the other relating to Sections 147/148/149/504/506 IPC, the disclosure became instrumental in denial of appointment to the petitioner. Consequently, he approached this Court first time vide Writ-A No. 15583 of 2018 which was disposed of with the direction that his claim should be considered in light of the judgment of Avatar Singh v. Union of India and others, 2016 (8) SCC 471. Ultimately, the candidature of the p