1

In Residence

Case :- WRIT - A No. - 9594 of 2020

Petitioner :- Anuj Kumar

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Arvind Kumar Singh

Counsel for Respondent :- C.S.C.

Hon'ble Ajay Bhanot,J.

1.

The petitioner has assailed the order dated

03.09.2020 passed by respondent no. 3- Commandant,

43 Battalion, Provincial Armed Constabulary (PAC),

Etah, whereby the competent authority has found that

the petitioner is not suitable for appointment on the post

of Constable in the PAC.

2. Sri Arvind Kumar Singh, learned counsel for the

petitioner contends that the respondent No.3 was

misdirected in law by overlooking the fact that the

petitioner was tried for an offence as a juvenile. The

case of the petitioner is covered by the law laid down

by this Court in Rajiv Kumar Vs. State of U.P. and

another, reported at 2019 (4) ADJ 316, Shivam

Maurya Vs. State of U.P. and Others reported at

(2020) 5 ADJ 6 and in Kishan Paswan Vs. Union of

India and others reported at 2020 (11) ADJ 254. The

impugned order is arbitrary, illegal and violative of

fundamental rights of the petitioner guaranteed under

Articles 14, 16 and 21 of the Constitution of In