SHWETA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) I have heard learned counsel for the petitioner and the learned Standing Counsel for the respondents and have perused the record.

(2.) By this petition, the petitioner has sought for quashing the order/letter dated 09.11.2011 (Annexure No.6 to the writ petition) of the respondent No.5 thereby reporting/finding that the petitioner was unfit for appointment on the post of Constable in the U.P. Police Force.

(3.) The facts, in brief, are that the petitioner, pursuant to an advertisement, applied under general/female category for the post of Constable in U.P. Police Force. After receiving a call-letter, she underwent physical and medical check-up and having cleared medical examination, was called for written examination. On 28.03.2010, she appeared in the written examination and was declared successful, but no steps were taken by the respondent-authorities to send her for training. Later, she received a communication letter dated 26.04.2011 from the office of the District Magistrate, Fatehpur wherein it was stated that upon character verification of the petitioner, it was found that she had a criminal history inasmuch as case No. 67 of 2007, under Section 3/9 of the Uttar Pradesh Public Examinations (Prevention of Unfair Means) Act, 1998, was registered against her. By the said letter, she was required to submit an explanation by 05.05.2011. In response to the letter dated 26.04.2011, the petitioner submitted her explanation stating therein that she had admitted guilt under Section 3/9 of the Uttar Pradesh Public Examinations (Prevention of Unfair Means) Act, 1998 so as to avoid litigation and to finish off the matter with a fine of Rs. 100/- only. The District Magistrate, Fatehpur on finding that the petitioner was inflicted with a fine of Rs. 100/- in reference to an offence under Section 3/9 of the Uttar Pradesh Public Examinations (Prevention of Unfair Means) Act, 1998 held/reported that the petitioner was unfit for appointment on the post of Constable in U.P. Police Force. It is this order, which has been challenged in the present petition.