The Madras High Court has said, Tamil Nadu Special Police Youth Brigade (TNSPYB) will not come under the purview of Tamil Nadu District Police Act and Tamil Nadu City Police Act as it is not a police force.
Justice S Nagamuthu after hearing petitions from S Kirubakar and M Damodaran, who challenged the selection process under TNSPYB, rejected arguments of the Addl Govt Pleader that the TNSPYB is a police force and stated that Tamil Nadu has two statutes -- The Tamil Nadu District Police Act, 1859 and The Chennai City Police Act, 1888 under which police force has been reorganised and which are the instruments for prevention and detection of crimes.
The petitioners stated that they had secured more than the cut-off marks in the tests for the post of constable in TNSPYB but Kirubakar was not selected and Damodaran who was selected and went on training was later served an order of cancellation of appointment.
Both were not considered for the posts as they were involved in criminal cases. The case against Kirubakar was closed as ‘false’ and as on the date of application, there was no case against him. The case against Damodaran ended in an acquittal for him.
Justice S Nagamuthu directed the Uniform Services Selection Board to issue appointment order to Kirubakar within four weeks. However, he dismissed Damodaran’s petition and said that even though the case filed against him does not paint his character in bad light so as to deprive him of employment, he was guilty of suppression of material fact of his involvement in the criminal case.
The judge also observed that characterising youth as unfit for public employment would amount to stigmatising them, thereby infringing upon their right to live. He also stated that the Central and State governments till date have not laid down guidelines pertaining to the problems of rehabilitation of ex-convicts with emphasis on the need for their employment under the Govt as discussed and deliberated in the “All India Seminar on Correctional Service” held at New Delhi in 1969.