Mr. M.N. Bhandari, J.

1. None appears on behalf of the applicant to press the application for impleadment. Accordingly, it is dismissed for non-prosecution.

2. With the consent of learned counsel for both the parties, this writ petition is heard finally.

3. It is a case where the petitioner applied for the post of Constable (Driver) in pursuance to the advertisement dated 14th July, 2013. After selection, the petitioner's name could find place in the merit list. He was, however, denied appointment as a criminal case was registered against him and charge sheet thereupon was filed on 11th December, 2014 for the offence under Sections 147, 148, 149, 341, 323, 354 and 324 IPC. The petitioner disclosed the fact about registration of criminal case and pendency thereupon. A challenge is made to denial of appointment to the petitioner despite his merit position.

4. Learned counsel for the petitioner submits that denial of appointment to the petitioner is in violation of Rajasthan Police Subordinate Service Rules, 1989 (for short "the Rules of 1989"). Rule 13 of the Rules of 1989 permits appointment to even a convict and also to ex-prisoner subject to consideration of circumstances of