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IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR

WRIT PETITION NO.912/2010

PETITIONER:

Mahadeo s/o Laxman Pund, aged about 27 years, occ : nil, r/o Kekatkumra, Tah & Dist. Washim.

VERSUS

RESPONDENTS:

1] State of Maharashtra, through its Secretary Home Department, Mantralaya Mumbai

2] The Commandant, Indian Reserve Battalion -2 ( I.R.B.) State Reserve Police Force Gat No.15, Birsi Camp Gondia, Dist. Gondia.

=================================================== Shri R.N. Ghuge, advocate for petitioner Shri N.S.Khubalkar, AGP for respondent no.1 Respondent no.2 served

=================================================== CORAM: S.A. BOBDE AND SMT. VASANTI A. NAIK, JJ. DATE: 9TH MARCH 2010

ORAL JUDGMENT : [PER S.A. BOBDE, J.]

Rule returnable forthwith. Heard by consent. 2] The petitioner has been disqualified from being considered for 2

appointment in the Armed Constabulary of the State Reserve Police Force on the ground that the offences under section 147, 149, 149, 324, 504, 506 read with section 34 of Indian Penal Code are registered against him.

3] Learned counsel for the petitioner points out that the petitioner himself gave this information that he has been charged with the offences stated above vide his application form, and that cannot be said to be a disqualification in view of the Bombay State Reserve Police Force Rules, 1959. Rule 18 of the said rules reads as follows: "18 Conviction, by itself may not be considered as a disqualification, but each case shall be considered on its merits with due regard to the nature of the ofence for which the person concerned was convicted, the guiding principle being whether the act involves moral turpitude or not." Learned counsel for the petitioner submits that there is no rule which disqualifies a person from being considered for the Armed Constabulary merely because the offence is pending. In fact according to the petitioner even a conviction does not automatically disqualify a person from being appointed to the Armed Constabulary unless the authorities are of the view that he should be so disqualified, depending on whether 3

the act involves moral turpitude or not. 4] Shri Khubalkar, learned AGP is not in a position to point out any rule which disqualifies the person who has been charged with an offence and undergoing trial is disqualified from being considered for appointment.

5] Having regard to the scheme of the Bombay State Reserve Force Rules, we are of the view that the petitioner ought not have been treated as disqualified for appointment to the Armed Constabulary because he disclosed that he is being tried for certain offences. In this view of the matter, we set aside the rejection of the petitioner's candidature and direct respondent no.2 - The Commandant, Indian Reserve Battalion -2 ( I.R.B.) State Reserve Police Force Gat No.15, Birsi Camp Gondia, Dist. Gondia to consider his candidature afresh for appointment to the Police Constabulary in accordance with law. Rule made absolute in the above terms. JUDGE JUDGE

smp.