The Madurai bench of Madras High Court today referred a petition challenging denial of police job to candidates acquitted in criminal cases to a larger bench in view of conflicting verdicts delivered by single bench judges on the matter.
Justice S Nagamuthu referred to the larger bench, the petitions filed by Alex Ponseelan and others, challenging the government decision to reject their applications for the post of Grade II Police constable post as per Rule 14 (b) (iv) of the Tamil Nadu Special Police Sub-Ordinate Service Rules, 1978 which bars appointment of those with criminal background.
Considering the complex questions raised by the petitioners who had questioned the constitutional validity of the rules, Justice Nagamuthu requested senior counsel M Ajmal Khan to assist the Court as amicus curiae.
Amicus Curiae brought to the notice of the Court various judgements of the Supreme Court as well as the High Court stating that a single judge had dismissed an application with similar prayer.
He also pointed out that the principal Bench headed by then Chief Justice A P Shah while hearing a batch of petitions challenging the single judge order, had upheld the validity of Tamil Nadu Special Police Sub-Ordinate Service Rules, 1978.
However, in Manikandan vs Chairman T.N. Uniformed Services Recruitment Board case, the Full Bench observed that a person acquitted on benefit of doubt or discharged in a criminal case can still be considered as disqualified or selection to the police service of the State and the same cannot be termed illegal or unjustified.
Thereafter several judgements were passed by single Judges
holding that persons acquitted on benefit of doubt or discharged in a criminal case are disqualified for selection to the police service.
