IMPORTANT POINTS
(1) Appointment – An employee in uniformed service presupposes a higher level of integrity as such a person is expected to uphold law and on the contrary any act in deceit and subterfuge cannot be tolerated.
(2) Appointment – When a candidate suppresses material information and/or gives false information, he cannot claim any right for appointment or continuance in service.

JUDGMENT

M.R. Shah, J.

Feeling aggrieved and dissatisfied with the impugned judgment and order dated 04.03.2020 passed by the High Court of Judicature for Rajasthan at Jaipur Bench in D.B. Special Appeal Writ No. 1479 of 2018 by which the High Court has dismissed the said appeal preferred by the State of Rajasthan and has confirmed the judgment and order passed by the learned Single Judge directing the State to consider the case of the respondent herein - original writ petitioner for appointment to the post of Constable (General), the State has preferred the present appeal.

2. The facts leading to the present case in a nutshell are as under:

2.1 Applications were invited by the Director General of Police Rajasthan, Jaipur vide Letter dated 07.04.2008, for recruitment to 4684 vacant posts of Constable (General), Constable (Operator), Constable (Driver) and Constable (Band) in different Districts/Battalions/Units of Rajasthan Police. As per 2008 Recruitment Notification, all interested candidates were required to qualify the written test, physical efficiency test, proficiency test, special qualification test and an interview for securing appointment for different posts of constable. As per paragraph 9(e) of the said notification, the candidates were required to fill in the correct information in their application forms. It provided that if the information disclosed in the application form was found to be wrong and incomplete, such an application form was liable to be rejected at any stage of the selection process. The respondent applied for the said post and submitted the application form. In column 15 of the Job Application Form dated 26.04.2008 the respondent herein - (hereinafter referred to as original writ petitioner) had categorically stated that there were no criminal antecedents against him. He also stated that there were no pending FIRs or criminal cases against him. He also enclosed the signed declaration with the application form stating that the information disclosed in para 15 of the Job Application Form dated 26.04.2008 was correct and there was no concealment of any criminal record by him.

2.2 The original writ petitioner cleared the written test as well as the physical test. At this stage it is required to be noted that as such, the original writ petitioner was already facing criminal proceedings in FIR bearing No. 458/2007 dated 17.12.2007 registered against him at Police Station, Neem ka Thana, Sikar for the offences punishable under Sections 143, 341 and 336 of the Indian Penal Code (hereinafter referred to as, 'the IPC). However, the same was not disclosed by him in the Job Application Form. Thus, as such he suppressed the material fact about pendency of the FIR/Criminal Case against him.

2.3 The Superintendent of Police, District Sikar informed the Superintendent of Police, Hanumangarh vide communication dated 21.08.2008 about the said FIR No. 458 of 2007. Based upon the said information, the candidature of the original writ petitioner was rejected on the ground that the original writ petitioner suppressed the material fact about his criminal antecedents in Column 15 and made an incorrect statement in the job application form.

2.4 Feeling aggrieved by the rejection of his candidature, the original writ petitioner preferred the writ petition before the learned Single Judge of the High Court by way of Civil Writ Petition No. 10250 of 2008. It appears that one another FIR bearing No. 102/2012 dated 27.01.2012 was registered against the original writ petitioner at Police Station Neem ka Thana, Sikar for the offences punishable under Sections 147, 148, 149, 452, 380, 352, 427 of the IPC. By the judgment and order dated 30.07.2015, the learned trial Court acquitted him for the offences under Section 352 read with Section 149 IPC in view of the compromise arrived at between the parties. For the offences under Sections 147, 148, 455, 440 read with Section 149 of the IPC the original writ petitioner was acquitted extending