Allowing a petition filed by a police aspirant, the Madurai Bench of the Madras High Court directed the State to declare him selected to the post of Grade II police constable and issue an appointment order. The State had not considered him for the post as he had suppressed his involvement in a criminal case. The case itself was closed for non-filing of the final report.

The court was hearing the petition filed by M. Arun Kumar of Ramanathapuram. He had cleared the written, physical efficiency and medical tests in 2017 for the post of police constable. However, during verification it was found that a criminal case was registered against him under the Tamil Nadu Gaming Act. But the case was closed for non-filing of the final report.

The petitioner’s candidature was rejected on the ground that he had failed to declare that he had been involved in a criminal case. The petitioner had earlier moved the court challenging the rejection in 2017 and the court had directed the authorities to consider the petitioner for appointment. However, as he was not considered, he again filed a fresh petition.

Relying on the parameters laid down by the Supreme Court in the Avtar Singh case, Justice M.S. Ramesh observed that the offence which the petitioner was alleged to have committed was punishable with imprisonment not exceeding three months or fine not exceeding ₹100 and such an offence can be termed as petty offence.

Apart from being a petty offence, the criminal case itself could be termed trivial in nature for the reason that apart from naming the petitioner in the case as an accused, the investigation was not completed and the case itself was closed for non-filing of the final report, the judge said.

It cannot be claimed that a mere implication of the petitioner in a criminal case for a petty offence would render him unfit for the post. The court is of the view that the petitioner who has cleared the written, physical efficiency and medical tests should not be deprived of the selection, the judge said.