HC quashes rejection of cop candidate over NEET protest

Madurai: The right to protest for a common cause is a fundamental right which is available to each and every citizen of this country, the Madras high court observed while granting relief to a police aspirant who had participated in a protest against NEET in Virudhunagar district in 2017, and directed the authorities to appoint him to the post of grade-II police constable.The court was hearing the petition filed by Arunkanth of Virudhunagar district. The petitioner completed B Com (CA) in 2018. In 2022, he applied for the post of grade-II constable. He participated in the written examination and physical efficiency test. He was subsequently called for a medical examination in April 2023. In May, the authorities rejected his candidature citing his involvement in a criminal case in which action was dropped subsequently.Challenging the rejection order, Arunkanth had filed the present petition seeking to appoint him to the post of grade-II police constable.The counsel for the petitioner submitted that in 2017, a criminal case was registered by the Srivilliputhur Town police against the petitioner and others since they raised slogans seeking withdrawal of NEET. In 2022, the court while quashing the FIR when one of the accused moved HC observed that the benefit of the order would enure in favour of the non-petitioning accused also.Justice L Victoria Gowri observed that petitioner was a student when he participated in the protest organised by fellow students. The petitioner did not file any quash petition and on the basis of the order passed by this court in 2022, the case against all the accused in the said crime number was closed.The authorities failed to consider the fact that there are no other criminal antecedents against the petitioner. He had only exercised his fundamental right to protest. It will definitely not have any implication as to the nature of the job for which he has applied to as grade-II police constable, observed the judge.Hence, the judge quashed the rejection order and directed the authorities to issue an appointment order and sent him to training for the post of grade-II constable.
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