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2025 Supreme(Telangana) 224
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
PULLA KARTHIK, J.
Ghulam Murtaza Siddiqui - Appellant
Versus
The State of Telangana - Respondent
Writ Petition No.9468 Of 2024
Decided On : 18-04-2024
Advocate Appeared:
For the Appellant : G SATYANARAYANA YADAV
For the Respondent: GP FOR HOME
The court emphasized the need for appointment authorities to evaluate claims of selection based on the representation regarding alleged suppression of information concerning criminal involvement.
Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Seeking appointment as SCT Police Constable after being selected but denied on grounds of alleged suppression of criminal case information - Court directs respondent to consider the representation and pass appropriate orders. (Paras 2, 5, 7)
(B) Employment Law - Recruitment process and criteria for disclosure of criminal involvement - Legal obligations concerning the provision of information during recruitment. (Para 5)
Facts of the case:
The petitioner successfully completed all selection tests for the SCT Police Constable (Civil) position but was denied an appointment letter due to alleged non-disclosure of a criminal case, of which she claimed lack of knowledge.
Findings of Court:
The court ordered the appointing authority to evaluate the petitioner's representation regarding her appointment, emphasizing the need for compliance with legal processes.
Issues: The main issue addressed was the legality of the decision to withhold the appointment based on the petitioner’s alleged previous criminal involvement.
Ratio Decidendi: The court held that the representative's submission should be considered, and any order regarding the appointment needs to be passed in accordance with established law.
Result: Writ Petition disposed of with directions.
| Table of Content |
|---|
| 1. details of recruitment process and petitioner's disqualification (Para 2 , 4) |
| 2. responses from counsel for both parties (Para 3 , 6) |
| 3. court's directive to consider petitioner's representation (Para 5 , 7) |
ORDER :
(PULLA KARTHIK, J.)
With the consent of both the parties, this Writ Petition is being disposed of at the admission stage.
2. This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:
“...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.3 in not offering the letter of appointment to the petitioner for the post of SCT Police Constable (Civil) with Registration No.71012839 and H.T.No.170403145 pursuant to the Recruitment Notification vide Rc.No.41/Rect./ Admn-1/2022, dated 25.04.2022 in spite of the petitioner has been successfully selected in Preliminary Written Test, Physical Efficiency Test and Final Written Examination-2022 conducted by the Respondent No.3 orally saying that the petitioner has suppressed the information of her involvement in the criminal case though the petitioner was acquitted by the Criminal Court, as illegal, arbitrary, unconstitutional under Articles 14, 16 and 21 of the Constitution of India and consequently direct the Respondent No.3 to appoint the petitioner as SCT Police Constable (Civil) with Registration No.71012839 and H.T.No.170403145 for which she has been selected pursuant to her participation in reference to the recruitment notification vide Rc.No.41/Rect./Admn-1/2022, dated 25.04.2022 issued by the Respondent No.3 with all notional benefits including pay, seniority and other consequential benefits and pass such other or further orders...”
3. Heard Sri G.Satyanarayana Yadav, learned counsel appearing on behalf of the petitioner; learned Government Pleader for Services appearing on behalf of respondent Nos.1 and 2 and Sri M.V.Rama Rao, learned Standing Counsel for Telangana State Police Recruitment Board appearing on behalf of respondent No.3.
4. Learned counsel for the petitioner submitted that in response to the Notification vide Rc.No.41/Rect./ Admn.1/2022, dated 25.04.2022 and Rc.No.45 & 48/Rect./ Admn.1/2022, dated 28.04.2022 issued by respondent No.3, the petitioner had applied for the post of Stipendary Cadet Trainee (SCT) Police Constable (Civil) and Prohibition & Excise Constable with Registration Nos.71012839 and 21012839 respectively. Thereafter, 3rd respondent has issued Hall Ticket No.24501221 to the petitioner to appear for Preliminary Written Examination-2022. Accordingly, the petitioner has appeared to the Preliminary Written Examination-2022 on 28.08.2022 and she was qualified in the said examination and subsequently, she also qualified in the Physical Efficiency Test-2022. On clearing the Preliminary Written Examination and Physical Efficiency Test, she has appeared Final Written Examination-2022 with H.T.No.170403145 for the post of SCT PC (Civil) and Prohibition & Excise Constable and qualified with 106 marks out of 200 maximum marks in the said exam. Accordingly, she was selected for the Post of SCT Police Constable (Civil) and after verification of her certificates, she has submitted attestation form as prescribed, in which Sl.No.11 is as to ‘Whether you were involved in any criminal case’ the answer of the petitioner to the said question was ‘No’ since she has no knowledge about registering the criminal case against the petitioner as on the date of filing of the attestation form.
5. Learned counsel for the petitioner further submitted that except the petitioner, the other candidates, who are selected on par with the petitioner, were sent to induction training by respondent No.3 duly sending offer of appointing letters to them. The petitioner was not issued any offer of appointment letter. On enquiry, she came to know that her candidature for the said post was kept pending as she has suppressed the information about the pendenc
