ORDER:

This writ petition is filed seeking the following relief:

“… to issue a writ, order or direction more particularly in the nature of Writ of mandamus declare the action of 3rd respondent in cancelling the provisional selection of the petitioner to the post of SCT PC (AR) Men in SLPRB in 2008 vide Impugned Proc.Rc.No.80/R&T/Admn.4/2014, Dt:15.05.2017 and consequential Proc.Rc.No.601/ Rectt./Genl.2/2017, Dt: 22.03.2017 as being arbitrary, illegal, unjust and violative of Arts. 14, 16 & 21 of the Constitution of India by setting aside the same and consequently hold that the petitioner is entitled to be appointed as SCTPC (AR) (Men) with all consequential benefits and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. Brief facts:

A Notification was issued vide Rc.No.08/R&T/ Genl.2/2008, dated 19.03.2008, inviting applications from eligible candidates for filling up of various posts of Stipendiary Cadet Trainee Police Constables (Civil) (Men & Women) (for short “SCT PCs”), SCT PCs (AR) (Men & Women), SCT PCs (SAR CPL) (Men), SCT PCs (APSP) (Men), Constable (Men) in Special Protection Force (SPF) Department and Warders (Male) in Prisons and Correctional Services Department as per Special Rules called as “A.P. Police (Stipendiary Cadet Trainee), Rules 1999” issued vide G.O.Ms.No.315, Home (Police) Department dated 13.10.1999 and amended vide G.O.Ms.No.97 dated 01.05.2006.

3. Pursuant to said notification, petitioner participated in the recruitment process vide Registration No.271117 and was provisionally selected to the post of SCT PC (AR) from Warangal District, subject to the verification of antecedents, certificates/ documents and medical fitness. During verification of antecedents, it was found that petitioner was involved in criminal cases vide Crime Nos.126 and 127 of 2006 under Sections 290 and 323 of Indian Penal Code (for short “the IPC”) of Parkal Police Station, was arrested on 13.07.2006 and charge sheet was filed on the same day. Subsequently, the case ended in conviction with fine of Rs.300/- vide STC No.143 of 2006. Petitioner has not stated the information with regard to his involvement in criminal case at Column No.16 of application form or in attestation forms and the same was held to be suppression of material facts, which is a disqualification for appointment. Hence, provisional selection of petitioner was cancelled vide Rc.No.601/R&T/Genl.2/2008-01, dated 19.05.2009. Aggrieved by the same, petitioner approached the A.P. Administrative Tribunal (For short ‘the Tribunal’) by filing O.A.No.1138 of 2012 and the Tribunal vide order, dated 04.04.2012, allowed the O.A. and directed the respondents to send the petitioner for training. Telangana State Level Police Recruitment Board filed, writ petition, bearing W.P.No.20345 of 2012 and this Court vide order, dated 06.04.2017, disposed of the writ petition with a direction to the petitioner to make a representation to the concerned authorities. It was further directed that the case of the petitioner be considered keeping in view the Hon’ble Apex Court judgment in Avatar Singh vs. Union of India1.

4. Pursuant to directions in W.P.No.20345 of 2012, petitioner submitted representation, the same was considered and rejected by respondents vide Memo No.80/R&T/Admn.4/2014, dated 15.05.2017. The present writ petition is filed challenging the rejection memo, dated 15.05.2017.

5. It is submitted by learned counsel appearing on behalf of petitioner that petitioner belongs to a poor family, fully eligible

1 (2016) 8 SCC 471

and qualified for the post of SCT PC and made an application pursuant to notification dated 19.03.2008. It is further submitted that petitioner was provisionally selected for the post of SCT (PC) (AR) (Men) from Warangal District. It is also submitted that provisional selection was cancelled on 19.05.2009 on the ground that petitioner suppressed the fact in respect of criminal cases registered agai