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2025 DAILYLAW 83549 (ALL)

SANI KUMAR YADAV v. STATE OF U.P. AND 7 OTHERS

WRIA/11256/2025 · 2025-08-05

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132556 Court No. - 4 Case :- WRIT - A No. - 11256 of 2025 Petitioner :- Sani Kumar Yadav Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Kiran Rani,Laloo Yadav Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for the parties. 2. By means of this petition filed under Article 226 of the Constitution, petitioner, who was placed in the selection list against the post of Constable in Civil Police wants consideration of his candidature in the selection proceeding. 3. It is argued on behalf of the petitioner that the petitioner has never disclosed about the pendency of criminal case though subsequently, he was acquitted in the case in the final judgment passed by the trial court on 31.01.2025 in Sessions Trial No.1049 of 2023 under Sections 354 kha, 504 IPC and Section 3(1)da and 3(1) dha SC/ST Act, P.S. Shivala Kala, District Bijnor. It is thus argued that since petitioner has stood acquitted from the criminal case and there is no criminal history to the credit of the petitioner, petitioner's claim for selection and appointment may be considered in the light of judgment of Supreme Court in Avtar Singh v. Union of India and others 2016 (8) SCC 471 in which vide para 30 (10) & (11) guidelines have been laid down. Petitioner approaches the authority and the Court directs the authority to revisit the matter. Para 38 (10) & (11) of Avtar Singh (supra) is quoted hereunder: "38.10- For determining suppression or false information attestation/ verification form has to be specific, not vague. Only such information which was required to be specifically mentioned has to be disclosed. If information not asked for but is relevant comes to knowledge of the employer the same can be considered in an objective manner while addressing the question of fitness. However, in such cases action cannot be taken on basis of suppression or submitting false information as to a fact which was not even asked for. 38.11- Before a person is held guilty of suppressio veri or suggestio falsi, knowledge of the fact must be attributable to him." 4. In view of the above, this petition stands disposed of with a direction to the petitioner to make a fresh representation before the competent respondent authority to revisit the matter of selection and appointment of the petitioner on the principles and guidelines laid down in Avtar Singh (supra) as quoted above. An appropriate decision shall be taken positively within a period of two months of presentation of certified copy of this order along with the representation as directed herein above. Order Date :- 6.8.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad