The Supreme Court held that a premarital physical relationship between two consenting unmarried adults cannot by itself be regarded as evidence of poor moral character or lack of integrity. The Court restored the candidature of a police constable recruit whose appointment had been denied because of his involvement in a criminal case arising from a consensual relationship. The judgment emphasized that consensual relationships between unmarried adults do not automatically make a person unsuitable for public employment and that recruitment authorities must take into account contemporary social realities while assessing a candidate’s character.
The case concerned a candidate who had been provisionally selected for appointment as a Stipendiary Cadet Trainee Police Constable. During the verification process, it was discovered that he had previously been named in a criminal case involving allegations of cheating and criminal intimidation. The complaint had been lodged by a woman who alleged that he had maintained a relationship with her on the promise of marriage but subsequently married another woman. The criminal proceedings were later settled and compounded before a Lok Adalat.
Despite the settlement of the case and the candidate’s disclosure of the proceedings during recruitment, the authorities treated the matter as involving moral turpitude. They concluded that the compromise amounted to an admission of guilt and determined that the candidate lacked the character required for appointment to the police force. Consequently, his selection was cancelled.
The dispute eventually reached the Supreme Court, which examined whether the existence of a consensual premarital relationship and the subsequent settlement of criminal proceedings could justify denial of public employment. The Court carefully considered the nature of the allegations, the circumstances of the relationship, and the legal consequences of the compromise.
The Bench observed that premarital relationships between consenting adults are not prohibited by law. It stated that a physical relationship between two unmarried adults who voluntarily choose to be together cannot automatically be viewed as reflecting adversely on their character. The Court emphasized that participation in a consensual relationship is a matter of personal choice and cannot by itself form the basis for concluding that an individual lacks integrity or moral fitness.
The Supreme Court rejected the authorities’ assumption that the compromise of the criminal case amounted to an admission of guilt. The Court observed that a settlement between parties does not necessarily establish the truth of the allegations originally made. It held that the conclusion drawn by the authorities was arbitrary because it was based on assumptions rather than any judicial determination of wrongdoing.
According to the Court, the allegations arose out of a consensual relationship between two adults who had known each other for several years. There was no judicial finding establishing that the candidate had deceived the complainant or committed any criminal offence. Since the complainant had agreed to settle the matter and had not pursued the allegations through trial, it was inappropriate for the authorities to presume guilt solely from the fact that a compromise had taken place.
The Court noted that in cases involving allegations connected with personal relationships, the evidence of the complainant is often crucial in determining whether any offence has actually been committed. Where a complainant chooses not to pursue the allegations and agrees to a settlement, it becomes difficult to draw adverse conclusions without any adjudication by a competent court. The authorities, therefore, could not treat the unresolved allegations as established facts.
The Bench stressed that modern social realities require public authorities to adopt a balanced and realistic approach. It observed that consensual premarital relationships are increasingly common and that a failed relationship cannot automatically be converted into a reflection of poor character. Merely because a relationship does not culminate in marriage does not mean that one of the parties can be branded as morally unfit for public service.
The Court further observed that assessments of character and suitability for public employment must be based on objective criteria. Recruitment authorities are expected to evaluate candidates on the basis of proven conduct and legally established facts rather than personal assumptions about morality. Lawful private conduct between consenting adults cannot ordinarily serve as a ground for disqualification unless there is clear evidence of misconduct established through proper legal processes.
The judgment highlighted that Indian law does not prohibit consensual relationships between unmarried adults. The Court noted that the mere existence of such a relationship cannot be equated with moral turpitude. It emphasized that public employment decisions must be grounded in fairness, reasonableness, and adherence to legal principles rather than subjective notions of personal morality.
The Supreme Court found that the authorities had failed to properly appreciate the nature of the allegations and the effect of the compromise. Their conclusion that the candidate lacked integrity and moral character was unsupported by evidence and based on an incorrect understanding of the circumstances. The Court held that the decision to cancel the candidate’s appointment was arbitrary and could not be sustained.
The Bench observed that a person’s suitability for public service must be evaluated in a manner consistent with constitutional values and changing social conditions. Recruitment authorities cannot disregard these considerations by relying on unproven allegations arising from private consensual relationships. The Court reiterated that there must be a rational and legally sustainable basis for denying employment opportunities to a selected candidate.
Accordingly, the Supreme Court set aside the adverse decision taken against the candidate and restored his candidature for appointment as a police constable. The Court held that the cancellation of his selection on the basis of a consensual premarital relationship and a subsequently settled criminal case was unjustified. The judgment reaffirmed that consensual relationships between unmarried adults do not, by themselves, indicate poor character and cannot automatically be used to deny public employment. It also underscored the need for recruitment authorities to make character assessments on the basis of objective evidence rather than assumptions rooted in personal moral judgments.
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