Govt job seeker’s past not decisive: HC

Kochi: In an empathetic ruling, the high court has stated that in the realm of public employment, the past of the applicant was relevant but not decisive. The court issued the statement while setting aside a state govt order cancelling an advice memo for a man’s appointment to the post of police constable for being accused in nine cases.
The bench of Justices A Muhamed Mustaque and Shoba Annamma Eapen emphasized the value of learning from one’s past and overcoming distrust in the future.The bench stated, “One who learned from his past and fears distrust of everyone in the future was truly valuable. If sinners were not allowed to reform, we all would become sinners.”
The petitioner, Bineesh Babu of Vaikom, challenged the cancellation of his advice memo to the post of Police Constable (Kerala Armed Police Battalion) in 2017. Bineesh, a scheduled caste member falling within the BPL category, had approached the Kerala Administrative Tribunal earlier, but his appeal was rejected. There were some illegal sand excavation and criminal cases against him. However, the bench noted that he was acquitted in the criminal cases and was required to pay a fine of Rs 1,000 on two occasions in illegal sand excavation cases.
The bench also pointed out that all cases were registered five years before he received the appointment advice. The court emphasized the importance of maintaining a live link of character from the time of the last prejudicial offence to prevent hindrance in joining public service. It highlighted the state’s role as a responsible welfare state, stating that the state should not condemn individuals indefinitely, but rather oversee their character development when they enter public service. The court also reminded the ‘story of Jean Valjean’.
The court urged a shift in perspective within the power corridors, emphasizing the need to instil a sense of responsibility and facilitate transformation into responsible citizens. Quoting the famous phrase from Oscar Wilde’s play ‘A Woman of No Importance,’ the bench said that “Every saint has a past and every sinner has a future”.