UDAY UMESH LALIT - (1.) Leave granted. This appeal challenges correctness of the judgment and order dated 22.09.2015 passed by the High Court of Madhya Pradesh atIndore in Writ Appeal No.132 of 2015.
(2.) In 2012, the Professional Examination Board, Madhya Pradesh invited applications forfilling up the posts of Subedars, Platoon Commanders and Inspectors of Police. Clause1.13 of the advertisement dealt with character verification of the candidates. Truetranslation of said clause 1.13 along with Note appended thereto was to the followingeffect: "1.13 Appointment: The character verification shall be carried out about the selected candidates and the appointment only of the candidates found in theselection list upon finding them fit in character. The medical examination of thecandidates also shall be conducted. The candidate to be medically fit for theentitlement of the appointment is also required. Note: To save time and for the convenience, the verification form is sent earlier to the candidates declared fit to sit in the physical fitness examination, which thecandidates have to submit after filling up and the character and earlier verificationof all the candidates to appear in interview is made. The candidate who is notselected, his form will not used further. The candidates should fill up full andcorrect information in the character verification form. They should not provide anyfalse information, incomplete information and semi true information. They shouldnot conceal any information as well. Particularly it is required to fill up the correctinformation in column no.12. Now according to the new guidelines of MadhyaPradesh Government regarding character verification, to give the undertaking tothis effect is required that he has not concealed any fact in the details given by himearlier about the criminal cases."
(3.) The respondent participated in the selection process and as mandated, tendered anaffidavit on 22.12.2012 disclosing following information: "I affirm on oath that Case No.592/06 under Sections 323, 325, 506, 34 was registered in Police Station Madhav Nagar against me the deponent. I the deponentmyself had come to the court. I was never arrested. The aforesaid case is pendingin the Court. In addition no criminal record is registered in any police stationanywhere in India, nor has the deponent convicted by the Court in any criminalcase." ;