The Supreme Court has observed that a consensual physical relationship between two adults before marriage cannot be treated as evidence of bad character or immoral conduct. A bench comprising Justice Manoj Misra and Justice Manmohan made the observation while allowing a petition filed by Gajula Tirupati, whose appointment as a Telangana Police constable had been cancelled over a past criminal case.
Tirupati was selected for the constable post, but the recruitment board revoked his appointment citing a criminal case registered against him. The case stemmed from a complaint filed by a woman alleging that he had been in a relationship with her for four years after promising marriage and later married another woman. However, the dispute was settled through a Lok Adalat in 2015, resulting in the closure of the case.
The court noted that Tirupati had honestly disclosed details of the case in his application form and had not attempted to conceal any information. Despite this, the recruitment board deemed him unsuitable for police service on the grounds that the matter involved moral conduct. The Supreme Court held that such reasoning was flawed and unjustified.
Observing that consensual relationships between adults are common and not prohibited by law, the bench said a failed relationship cannot automatically be treated as deception or proof of poor character. The court also noted that the woman had stated there was no coercion and had agreed to withdraw the case. Upholding an earlier High Court order, the Supreme Court directed that Tirupati be given the constable appointment, stating that the matter was a personal dispute rather than an issue affecting his suitability for public service.