JUDGMENT /ORDER : This writ petition is filed under Article 226 of the Constitution of India for the following relief : ".... to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not selecting the name of the petitioner for the Training for the Recruitment of the Post of SCT PC (Civil) (Men and Women) though the petitioner Qualified in all Tests conducted by the State Level Police Recruitment Board, Andhra Pradesh Test-2019 through the Notification vide Rc.No.215/R and T/Rect.2/2018 dated 12.11.2018 and selected for the said post and figured in the Provisional Selection List is, as illegal, arbitrary, unjust and also against the principles of natural justice consequently directing the respondents to select the name of the petitioner for the training through the said notification and allow the petitioner for the training and pass" 2. Brief facts of the case are that the Government of Andhra Pradesh has issued a notification through the 2nd respondent for the recruitment for the posts of SCT PC (Civil) (Men & Women), SCT PC (AR) (Men & Women), SCT PC (APSP) (Men) in Police Department & Warders (Men & Women) in Prisons and Correctional Department and Firemen in A.P. Fire and Emergency Services Department, vide Notification Rc.No.215/R&T/Rect.2/2018, dated 12.11.2018. Accordingly, the petitioner applied for the post of SCT PC (Civil) with Reg.No.4178168. He has attended for the Preliminary Written Test held on 06.01.2019 with Hall Ticket No.567500025 and for the Final Written Test held on 17.03.2019 with Hall Ticket No.258410160 and Qualified in both the tests. The petitioner has been called for Medical Examination held on 09.10.2019 at Government General Hospital, ACSR Medical College, Opp. A.C. Subba Reddy Stadium, Nellore and he has qualified in the Medical examination also. Thereafter a Provisional Selection List for the posts of SCT PC (Civil) (Men & Women) for the unit of SPSR Nellore also Published and his name is figured at Serial No.9 with Unit Serial No.106 in the BC-A Candidates List. Thereafter the selected candidates were sent to the Training. But the petitioner's name has not been selected to the Training, though he has qualified in all Tests. Thereafter the selected candidates were sent to the Training. But the petitioner's name has not been selected to the Training, though he has qualified in all Tests. A criminal case has been registered against one Kotareddy Lekhin Reddy and 11 others in a Crime No.303 of 2014 of Nellore Rural Police Station on 11.08.2014, under Sections 143, 341, 354(D)(2), 506 and 149 IPC. The petitioner's name has been falsely implicated in the said case as accused No.7. The said case has been tried by the Court of VIII Additional District and Sessions Judge-cum-Special Judge for the Trial of Offences against Women, Nellore with Sessions Case No.242 of 2017. Later, vide judgment dated 15.10.2019, acquitting all the accused Nos.A1 to A12 are found not guilty of the offences punishable under Sections 143, 144, 341, 326(B) read with 149 and 363 read with 511 of IPC and A1 is found not guilty of the offences punishable under Sections 354(D)(2) and 506 of IPC and all are acquitted under Section 235(1) of Cr.P.C. There is no any whisper against the petitioner in the entire case. But the Police opened a Rowdy Sheet against him in the Nellore Rural Police Station with Rowdy Sheet No.185 and later the Sheet was transferred to Chinna Bazar Police Station, Nellore and renumbered as Rowdy Sheet No.159. The petitioner mentioned all the details of the above case in the application filed for the above said Police Recruitment. Thereafter he has approached the Inspector General of Police, South Coastal Zone, Guntur Range, Guntur and submitted a representation praying to close the above Rowdy Sheet opened against him. Thereafter the Rowdy Sheet has been closed through the proceedings of the Sub-Divisional Police Officer, Nellore Town vide C.No.06/GL-SDPON(T)/2019, dated 18.10.2019. In the meanwhile, the Criminal Case in which the petitioner's name has been falsely implicated as accused No.7 also ended with an acquittal on 15.10.2019. But his name has not been selected for the Training for the Post of SCT PC (Civil) (Men & Women) though he has qualified in all Tests conducted by the State Level Police Recruitment Board, A.P. Test-2019. Hence, the present writ petition. 3. The counter-affidavit has been filed by the respondents. But his name has not been selected for the Training for the Post of SCT PC (Civil) (Men & Women) though he has qualified in all Tests conducted by the State Level Police Recruitment Board, A.P. Test-2019. Hence, the present writ petition. 3. The counter-affidavit has been filed by the respondents. While denying all the allegations made in the petition, inter alia, submitted that, the petitioner Sri Musunuru Venkata Niteesh Kumar has applied for the post of SCT PC and participated in the recruitment process with Regd.No.4178168, he was provisionally selected for the post of SCT PC (Civil) in Nellore District under Children of Police Personnel (CPP) Quota in BC-A Category. During the antecedent verification the Superintendent of Police, Nellore District vide his Letter C.No.A2/2929/2018, dated 28.11.2019 has informed that the petitioner has mentioned his case in the attestation form as he involved in criminal case and figured as A7 Cr.No.303/2014, under Sections 143, 144, 341, 354(D)(2), 326(B), 506 and 363 read with 511, read with 149 IPC of Nellore Rural Police Station, Nellore District and the said case was ended in acquittal. In the meanwhile, rowdy sheet was opened by the Nellore Rural Police Station against Sri Musunuru Venkata Nitheesh Kumar on 20.05.2016. Further, the petitioner's father Sri M. Srinivasulu, ARHC, DAR Nellore has submitted representation to the Inspector General of Police, South Coastal Zone, Guntur Range, Guntur and requested to close the rowdy sheet against his son as he was selected for the post of SCT PC (Civil). Subsequently, the SDPO, Nellore Town was closed rowdy sheet on 18.10.2019. The rowdy sheet against the petitioner is in force at the time of issuing of notification on 12.11.2018 and Provisional Selection List on 12.09.2019. Later, the rowdy sheet, which was opened against the petitioner, was closed on 18.10.2019. The rowdy sheet was closed after the issue of Provisional Selection List. Therefore, the conduct of the petitioner clearly indicates that he is unfit for appointment in the disciplined force. The petitioner case was not considered for the post of SCT PC (Civil) by keeping the point raised by the Apex Court in the judgment dated 01.12.2014 in Civil Appeal No.10613/2014. It is submitted that as per the Supreme Court judgment dated 01.12.2014 in Civil Appeal No.10613/2014 of Parvez Khan's judgment in Para No.35, "the Police Force is a disciplined force. It is submitted that as per the Supreme Court judgment dated 01.12.2014 in Civil Appeal No.10613/2014 of Parvez Khan's judgment in Para No.35, "the Police Force is a disciplined force. It shoulders the great responsibility of maintaining law and order and public order in the society. People repose great faith and confidence in it. It must be worthy of that confidence. A candidate wishing to join the Police Force must be a person of utmost rectitude. He must have impeccable character and person having criminal antecedents will not fit in this integrity. A Category. Even if he is acquittal or discharge order will have to be examined to see whether he has been completely exonerated to see in the case because even possibility of his taking to the life of crimes poses a threat to the discipline of the Police Force. Further it is submitted that the Supreme Court in its judgment dated 15.11.2017 in Civil Appeal No.18789/2017 of Avtar Singh Point No.38(3) and 38(4)(a) are as follows: Point 38(3) : The employer shall take into consideration the Government orders/instructions/rules, applicable to the employee, at the time of taking the decision. (a) In a case trivial in nature in which conviction had been recorded, such as shouting slogans at young age or far a petty offence which if disclosed would not have rendered an incumbent unfit for post in question, the employer may, in its discretion, ignore such suppression of fact or false information by condoning the lapse". It is humbly submitted that, as per Point No.38(3) of the above judgment, the Government orders in Rule 3(G)(vi) of G.O. Ms. No.97, Home (Legal-II) Department, dated 01.05.2006 i.e., "A person who is involved in an offence involving moral turpitude" is disqualification for appointment. Accordingly, orders was implemented and issued cancellation order to the petitioner vide Memo Rc.No.153/R&T/Rect.2/2019, dated 10.03.2020. 4. Heard Sri G. Jagadeeswar, learned Counsel appearing for the petitioner and learned Assistant Government Pleader for Home appearing for the respondents. 5. On hearing, learned Counsel for the petitioner while reiterating the contents made in the petition, requests this Court to pass appropriate orders. Whereas, learned Assistant Government Pleader for the respondents also reiterated the contents made in the counter-affidavit and prayed to dismiss the petition. 6. 5. On hearing, learned Counsel for the petitioner while reiterating the contents made in the petition, requests this Court to pass appropriate orders. Whereas, learned Assistant Government Pleader for the respondents also reiterated the contents made in the counter-affidavit and prayed to dismiss the petition. 6. On hearing the submissions of both the learned Counsels, this Court is of the opinion that in a similar case of not disclosing the pending criminal cases termed as suppression of fact and when disqualified to disciplined force the Hon'ble Supreme Court of India in Commissioner of Police and others v. Sandeep Kumar, (2011) 4 SCC 644 , wherein it was held in Para 12 as under : "It is true that in the application form the respondent did not mention that he has involved in a criminal case under Section 325/34 IPC. Probably, he did not mention this out of fear that if he did so he would automatically be disqualified. At any rate, it was not such a serious offence like murder, dacoity or rape, and hence a more lenient view should be taken in the matter." 7. In other case of High Court of Rajasthan, Jaipur Bench, by its judgment dated 29.03.2016 in WP No.10108 of 2015, held that a similar issue arising under Sections 143, 323 and 324 IPC when not disclosed by the incumbent held discharge was unwarranted and directed the petitioner for training. 8. Having regard to the facts and circumstances of the case and on perusing the entire material on record, this Court is of the opinion, it is true that the petitioner in the application form at Column No.11, it was answered "Yes, case pending under Trial, rowdy sheet opened on 2016, Case No.303/2014 of Nellore Rural Police Station". Because of that reason, the respondents have not considered the case of the petitioner for selection to the post of STPC (Civil) (Men & Women) though the petitioner qualified in all Tests conducted by the State Level Police Recruitment Board vide notification dated 12.11.2018. Probably the petitioner has mentioned all details in the application without fear. It clearly establishes his conduct. Probably the petitioner has mentioned all details in the application without fear. It clearly establishes his conduct. Moreover, the offences registered against the petitioner are not such a serious offence like murder, dacaoity or rape and hence a more lenient view should be taken in the matter and hence, this Court is inclined to allow the writ petition while declaring the action of the respondents in not selecting the name of the petitioner, as illegal and arbitrary. 9. Accordingly, the writ petition is allowed. The respondents are directed to appoint the petitioner as ST PC (Civil) (Men & Women) in pursuance to the Notification vide Rc.No.215/R&T/Rect.2/2018, dated 12.11.2018 duly taking into consideration the acquittal in SC No.242 of 2017 dated 15.10.2019 and the Rowdy Sheet No.159 has also been closed through the proceedings of the Sub-Divisional Police Officer, Nellore Town vide C.No.06/GL-SDPON(T)/2019, dated 18.10.2019. This exercise shall be completed within a period of eight (08) weeks from the date of receipt of a copy of this order. No order as to costs. 10. As a sequel, all the pending miscellaneous applications shall stand closed.