Case Note & Summary
The appellant, M. Kumaresan, participated in the selection process for the post of Grade-II Constable in the Tamil Nadu State Police Service pursuant to a recruitment notification issued in 2017. He passed the written examination and was called for physical verification. During certificate verification, the Selection Committee found that a criminal case, C.C.No.212 of 2011, was pending against him for offences under Sections 147, 148, 294(b), 506(ii) IPC read with 149 IPC. The appellant had admitted the pendency in his application. Consequently, the Selection Committee rejected his candidature primarily on the ground of his involvement in a criminal case, citing Rule 14(2)(b)(iv) of the Special Rules for the Tamil Nadu Special Police Subordinate Service Rules, 1978, which mandates that a candidate should not have been involved in any criminal case and must have satisfactory conduct and character. The appellant challenged the rejection by filing a writ petition before the Madras High Court, which was dismissed on 27.07.2022. The appellant then filed the present writ appeal. The Division Bench of the High Court, comprising Justice S.M. Subramaniam and Justice N. Senthilkumar, heard the appeal. The court noted that the Selection Committee is the competent authority to assess the suitability of candidates, and the court cannot substitute its own views on such matters. The court found no infirmity in the decision of the Selection Committee or the order of the learned Single Judge. Accordingly, the writ appeal was dismissed, and the connected miscellaneous petition was closed. No costs were awarded.
Headnote
A) Police Recruitment - Suitability Assessment - Pending Criminal Case - Rule 14(2)(b)(iv) of the Special Rules for the Tamil Nadu Special Police Subordinate Service Rules, 1978 - The appellant participated in selection for Grade-II Constable and disclosed a pending criminal case. The Selection Committee rejected his candidature on the ground of involvement in a criminal case. The court held that the Selection Committee's decision on suitability is final and the court cannot substitute its views. The appeal was dismissed. (Paras 2-5) B) Police Recruitment - Character Verification - Rule 14(2)(b)(iv) - The rule requires that a candidate should not have been involved in any criminal case and must have satisfactory conduct and character. The court held that the Selection Committee is the competent authority to assess suitability, and the court cannot interfere with such assessment. (Paras 3-4)
Issue of Consideration
Whether a candidate with a pending criminal case can be appointed to the post of Grade-II Constable in the Tamil Nadu Police Service, and whether the court can interfere with the Selection Committee's decision on suitability.
Final Decision
The writ appeal was dismissed. The order of the learned Single Judge dated 27.07.2022 in W.P.No.14229 of 2020 was upheld. No costs. Consequently, C.M.P.No.13900 of 2023 was closed.
Law Points
- Police recruitment
- suitability assessment
- pending criminal case
- character verification
- Rule 14(2)(b)(iv) Special Rules for Tamil Nadu Special Police Subordinate Service Rules 1978
- court cannot substitute selection committee's decision
