The Supreme court notes that a Premarital consensual relationship is not the sole denominator of character and said that there had to be a mindset that attuned itself to the changing social norms and social realities.
While addressing a case concerning a candidate for constable in the Telangana police, who was asked to appear before the Bench upon the cancellation of his selection, in consequence of him being accused of committing a crime against a girl accused of committing cybercrime, the Bench said that it noted with deep concern that such acts might bring dishonour to the Bhartiya Vidya Peliksha Vidyalaya.The Bench, headed by Justices Manoj Misra and Manmohan, in the appearance of the case of the Telangana police constable who was asked to appear before it after his selection was cancelled in association with a criminal case pertaining to a failed romantic relationship, observed that such an act would mar the reputation of the Bhartiya Vidya Peliksha Vidyalaya.
Although character verification is still pertinent in the recruitment of officers in disciplined groups like the police, the divergence of “normal society” from unmarried adult consensual relationships shouldn’t automatically be construed as discredit.
The one reason that generated the confrontation was that a lady complained that the applicant had been linked up with her for almost four years and he had purported to get married to her before changing it for someone else. During the recruitment process the candidate had made it known that he was aware of the criminal case.
In view of the case, Telangana State Level Police Recruitment Board withdrew his candidature. The Supreme Court, however, ruled that the candidate cannot be deemed lacking in good character because of the consensual relationship because these circumstances would not warrant such a finding.
The top court reaffirmed an earlier judgment of a single judge of Telangana High Court which had directed the appointment of the candidate and annulled a decision of a Division Bench.
The decision is being interpreted as an important pronouncement on changing social values, personal autonomy and on the importance of not passing any judgment on character verification cases based on a priori assumptions but giving them a fair and delicate consideration.