HC orders appointment of 13 persons as Grade-II constables

Quashing police orders, Madras High Court today ordered the appointment of 13 persons as police constables-Grade II by ignoring their alleged involvement in criminal cases from which they were either acquitted or dropped as "mistake of fact".
Petitioners M Vijaya Baskar and 14 others prayed for a direction to quash police authorities' orders, which rejected their claim for appointment as Police Constable Grade II, in spite of their selection and having been found medically-fit.
They had been selected and cleared the medical test during recruitment process by Tamil Nadu Uniformed Services Recruitment Board for 13320 posts in 2012, they said.

During police verification, it was found that some of them had criminal cases against them which were closed as mistake of fact and some acquitted on benefit of doubt.
Some had their cases dropped against them and others were found guilty and paid a fine.
Counsel for State contended that the stand of the state was that the petitioners are not entitled to be appointed as Rule 14 (b) of Tamil Nadu Police Subordinate Service Rules stipulate that the character and antecedents of candidates are required to be such which qualify him for services.

Counsel for petitioners contended that they were acquitted much before the process of selection started and in some cases, they were released on 'mistake of fact'.

In his order, Justice Vinod Kumar Sharma said the rule can only be interpreted to mean that in cases pending at the time of selection and ending in acquittal by giving benefit of doubt, a person can be denied right of appointment by considering him to be involved in criminal cases, but not in a case where much before the start of selection process, the person is acquitted even by giving benefit of doubt.
Persons in whose case criminal cases was closed as 'mistake of fact' also by no stretch of imagination can be said to be involved in criminal case to deny them public appointment, as has been done by police authorities, the judge said.

Quashing police authorities orders' on 13 petitioners, the judge directed authorities to consider them for appointment by ignoring their alleged involvement in criminal cases and appoint them if they fall in the merit list.
In the case of two others who have been found guilty and paid fine, the judge said it would be necessary for respondents to consider facts leading to their involvement and reconsider their cases for appointment, taking into account observations made by the Supreme Court.