Court No. - 6 Case :- WRIT - A No. - 23073 of 2018 Petitioner :- Arun Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
The petitioner had participated in a selection process initiated by the respondents for filling up the post of Constable in 2015. He was also declared selected in the merit list which was published on 21 May 2018. It appears that although the petitioner obtained more marks than the cut off fixed, he was not sent for training since it came to light that Case Crime No. 186 of 2016 was pending against him. It is in that backdrop that although all other candidates were sent for training, the petitioner was not.
Learned counsel for the petitioner has contended that he stands acquitted in the aforementioned criminal case and consequently now there exists no cause for the petitioner not being sent for training.
Learned Standing Counsel, on the other hand, submits that the respondents would also have to consider and evaluate whether the criminal case was pending at the time when the selection process had been initiated and whether consequently any disclosure in that respect was made by the petitioner in his application form. The additional aspect, which would also merit consideration as per the learned Standing Counsel, would be the impact of non-disclosure of the pending criminal case if any.
On an overall conspectus and consideration of the aforesaid rival submissions, this Court is of the considered view that the ends of justice would merit the second respondent being commanded to consider the candidature of the petitioner who is stated to have succeeded in the selection process in accordance with law and pass appropriate orders with respect to the claim of the petitioner for being sent for training.
Learned Standing Counsel states that in case the petitioner represents his claim before the second respondent within a period of two weeks from today, the said respondent shall duly consider the same and dispose it of within a period of two months therefrom.
Accordingly and in light of the statement so made, which is recorded and accepted, this writ petition stands disposed of in the above terms. It is, however, clarified that this Court has not gone into or evaluated the merits of the claim of the petitioner.
Order Date :- 27.10.2018 VKS