- (1.) Review Application No. 162987 of 2010: The review seeks reconsideration of the judgment dated 30.4.2010 on the ground that the error deserves to be corrected in view of two subsequent Judgments of the Apex Court and another Division Bench pronouncement of our Court. The appellant, aggrieved by the cancellation of his selection as a Police Recruit Constable on account of a wrong declaration in his affidavit about a criminal case, approached this Court challenging the order of the Senior Superintendent of Police. The petition was dismissed on 30.10.2009 by a learned single Judge relying on several judgments including the decision in the cases of Kendriya Vidyalaya Sangathan v. Ram Ratan Yadav, 2003 2 JT 256 and A.P. Public Service Commission v. Koneti Venkateswarulu and others, 2005 7 SCC 177 .
(2.) The appeal preferred before the Division Bench was dismissed on 30.4.2010 relying on the Full Bench decision of the Rajasthan High Court in the case of Dharam Pal Singh v. State of Rajasthan, 2001 4 ESC 1837, the relevant extract whereof has been quoted in the judgment under review. The Court further observed: ...The employer is even otherwise entitled to know about the shady antecedents of a candidate before admitting him to service. It is a question of security of the State....
(3.) This application is supported by an affidavit where the review sought is by an attempt to distinguish the applicability of the judgment of the Full Bench of the Rajasthan High Court on the ground, that in the said case, the decision had been taken after an enquiry whereas in the instant case there was a violation of principles of natural justice. In our opinion this cannot be a ground for review as it is not an error apparent on the face of record and secondly the fact of not disclosing the trial of the criminal case, even though ending in acquittal, remains undisputed. The facts were already contained in the judgment of the learned single Judge that were noticed whereafter the judgment was upheld.;