THE BEYOND OBITER LAW BLOG: Legal News

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In a significant ruling, the Supreme Court has held that a consensual premarital relationship between two unmarried adults cannot, by itself, be treated as evidence of poor moral character or render a person unsuitable for public employment. The Court accordingly directed the Telangana State Level Police Recruitment Board to appoint a candidate whose selection as a police constable had been cancelled due to his involvement in a criminal case arising out of a failed romantic relationship.

A Bench comprising Justice Manoj Misra and Justice Manmohan allowed the appeal filed by Gajula Thirupathi and restored the order of a single judge of the Telangana High Court, which had directed reconsideration of his appointment as a Stipendiary Cadet Trainee Police Constable (SCTPC).

Background of the Case

The appellant had been provisionally selected for the post of police constable. However, his candidature was later cancelled after the Recruitment Board noted his involvement in a criminal case registered under Sections 417, 420, and 506 read with Section 34 of the Indian Penal Code (IPC).

The case originated from a complaint filed by a woman who alleged that the appellant, her neighbour, had maintained a relationship with her for several years on the promise of marriage but subsequently married another woman. The criminal proceedings were later settled and compounded before a Lok Adalat in 2015.

Importantly, the appellant had disclosed the criminal case in his attestation form, and there was no allegation that he had concealed any material information. Despite this, the Recruitment Board concluded that he had been involved in an offence involving moral turpitude and was therefore unsuitable for appointment to the police force.

Supreme Court's Observations

The Supreme Court reiterated that while employers may assess the suitability of candidates even after acquittal or discharge, such assessments must be based on objective material and cannot be arbitrary. The Court observed that there must be sufficient evidence showing both the commission of an offence involving moral turpitude and the candidate's involvement in it.

Examining the facts, the Bench noted that both individuals were adults who had voluntarily maintained a relationship for nearly four years. There was no allegation of rape, nor was there any indication that the settlement before the Lok Adalat had been secured through coercion, threat, or undue influence.

The Court strongly criticised the Recruitment Board's conclusion that the compromise amounted to an admission of guilt, describing the finding as “without any basis” and “completely perverse.”

Furthermore, making important observations on evolving social norms, the Court emphasised that authorities must be sensitive to contemporary social realities and should not draw adverse conclusions merely because a consensual relationship did not culminate in marriage.

The Bench observed:

“Such pre-marital relationships are common today. Physical relationships between two consenting unmarried adults cannot and should not, by themselves, be a ground to draw an adverse impression about the character of either person. There is no law prohibiting two consenting unmarried adults from being in a relationship of their choice.”

The Court further noted that not every romantic relationship results in marriage and that the mere breakdown of a relationship cannot automatically lead to an inference of cheating.

Distinction from Earlier Cases

The Court distinguished the present matter from earlier decisions where candidates were denied entry into disciplined forces despite acquittals obtained through compromise. Those cases generally involved allegations of violence, assault, or conduct affecting public order.

In contrast, the present case concerned a private consensual relationship between two adults, where the very allegation of cheating became doubtful after the complainant chose not to pursue the case and agreed to its settlement.

Case Citation: Gajula Thirupathi v. Telangana State Level Police Recruitment Board & Others.