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2. Precisely stated facts of the case are that in pursuance to an advertisement issued by the respondents in the year 2013, petitioner applied for the post of Constable and Sub Inspector/Platoon Commander in the Police Department. He appeared in the written and physical examinations and declared as select candidate for both the posts. In Character Verification form petitioner disclosed only one case registered at crime No.173/2008 for offence under Sections 294, 323, 324, 341, 506-B, 34 of IPC but not disclosed about criminal case registered at crime No.812/2008 for offence under Sections 294, 325, 452, 506-B & 34 of IPC. On the basis of non disclosure of information in relation to registration of case against him at crime No.812/2008, the screening committee rejected the candidature of petitioner and not found suitable for both the posts. Thereafter, petitioner preferred writ petition No.3093/2017 which was disposed of vide order dated 12-09-2018 directing the respondents to reconsider the case of petitioner for the post of constable. The screening committee found the petitioner suitable for the post of constable and thereafter vide order dated 13-12-2015 he was appointed on the post of Constable and presently he is working on the said post.

4. It is the submission of learned counsel for the appellant that the Screening Committee did not consider the material aspects of the matter and rejected the character verification of the petitioner while the fact remains with the same criminal cases, he has been found suitable for the post of Constable. Petitioner was given clean acquittal for offence under Section 452 of IPC. None of the authority has considered the case of petitioner in correct perspective.

6. Learned counsel for the petitioner refers the judgment of the Hon'ble Apex Court in the case of Avtar Singh Vs. Union of India and Others, (2016) 8 SCC 471 and submits that the said judgment talks about the objective consideration and once no objective consideration is shown by the departmental authority then it is for the Constitutional Court to invoke its jurisdiction for judicial review. He also relied upon the judgments of Division Bench passed in W.A.No.1954/2019 (Devendra Singh Gurjar Vs. State of M.P. and Others) dated 01-05-2020 as well as in W.A.No.55/2023 (Monu Singh Vs. State of M.P. & Ors.) dated 24-07-2024 wherein the issue in relation to failure of character verification has been dealt with and the Court directed the respondents to consider the case of appellant.