M. P. Venkatesan v. Chairman, Tamil Nadu Uniform Services Recruitment Board, Chennai
2012-07-16
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- 1. The petitioner passed 10+2 and applied for the post of Fireman in response to an advertisement issued by the Chairman, Tamil Nadu Uniform Services Recruitment Board. The petitioner was called for physical test where he scored 40 marks out of 45, and was also successful in the written examination and interview. The petitioner, being in the select list, was subjected to medical examination. 2. The submission of the petitioner is, that he was not issued letter of appointment while other candidates selected with him were sent for training. 3. On enquiry, it was disclosed that the petitioner was not selected, as he was facing a criminal case under Section 160 IPC. 4. The submission of the petitioner is, that the learned Judicial Magistrate let off the petitioner by giving him benefit under the Probation of Offenders Act, and therefore this conviction could not come in the way of petitioner, to seek appointment. 5. The writ petition is contested by the respondent, on the ground that it was not on the ground of involvement of criminal case that the petitioner was denied the appointment, but it was for suppression of fact of pendency of case in the application form submitted by the petitioner. 6. It is well settled law that a person guilty of suppressing material fact is not entitled to extraordinary equitable relief under Article 226 of the Constitution of India. Otherwise also, no fault can be found with the action of the respondents in not offering the appointment to the petitioner in view of suppression of material fact of pendency of criminal case. The writ petition being devoid of any merit is dismissed. No costs.