Madras High Court has ruled that the Tamil Nadu Special Police Youth Brigade, formed to assist police personnel in non-policing activities, was not a Police Force.
Hence, Tamil Nadu District Police Act and the Tamil Nadu City Police Act, shall not be applicable to the brigade, Justice S Nagamuthu said in his order on petitions by two unsuccessful candidates for the post of constables in the brigade.
The court rejected the contention of Additional Government Pleader that TNSPYB was a Police Force.
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Consequent to the setting up of the brigade, Tamil Nadu Uniformed Services Selection Board called for applications from the eligible candidates and conducted a written test.
Petitioners S Kirubakar and M Damodaran secured more than the required cut off marks in all the tests. But Kirubakar was not selected and Damodaran's appointment order was cancelled after he attended the training on the ground both had faced criminal cases.
Kirubakar submitted that the case against him was closed as false and as on the date of application no criminal case was pending against him.
The appointment of Damodharan, who was acquitted in the case, was cancelled on grounds of suppression of the case.
The Judge allowed the petition by Kirubakar and directed the Uniform Services Selection Board to issue appointment order to him within a period of four weeks.
He, however, dismissed the petition filed by Damodharan saying he was guilty of suppression of material fact and hence disqualified for the appointment.
The Judge observed characterising these kinds of youth as unfit for public employment would amount stigmatising them thereby infringing upon their precious right to live.
He faulted the Executive for not declaring its policy document to bring back the youth showing deviance to the mainstream of the society.
The Judge said the Central and State Governments till date have not crystallised the deliberations to lay down guidelines pertaining to the problems of rehabilitation of ex-convicts with emphasis on the need for their employment under the Government as discussed and deliberated in the "All India Seminar on Correctional Service" held at New Delhi long back in 1969.
