The main legal point established in the judgment is the discretion of the employer to consider antecedents and take appropriate decisions regarding the appointment of candidates with criminal antecedents in government service.

JUDGMENT

Sandeep Mehta, J. - These special appeals (writ) involve common question of law and were clubbed together. However, as the same are directed against different orders passed by learned Single Bench and involve distinct factual issues, the same are being decided separately.

2. All the three appeals involve the issue "Whether or not candidates, having criminal antecedents, can be permitted to join Government service upon their selection on merit'. The State Government has issued circulars dated 15.07.2016 and 04.12.2019 laying down the guidelines for entry into service of such candidates. Relevant clauses which are common to both circulars are reproduced herein below for the sake of ready reference:

"Character. The character of a candidate for direct recruitment to the service must be such as to qualify him for employment in the service. He must produce a certificate of good character from the principal/Academic Officer of the University or College in which he was last educated and two such certificates written not more than six months prior to the dale of application from two responsible persons not connected with the College or University and not related to him.

(1) A conviction by a court of law need not of itself involve the refusal of a certificate of good character. The circumstances of the conviction should be taken into account and if they involve no moral turpitude or association with crimes of violence or with a movement which has as its object the overthrow by violent means of the government as established by law, the mere conviction need not be regarded as a dis-qualification. (2) Ex-prisoners, who by their disciplined life while in prison and by their subsequent good conduct have proved to be completely reformed, should not be discriminated against on grounds of their previous conviction for the purpose of employment in the service. Those, who are convicted of offences not involving moral turpitude or violence, shall be deemed to have been completely reformed on the production of a report to that effect from the Superintendent, After Care Home or if there are no such Homes in a particular district, from the superintendent of police of that district.

(3) Those convicted of offences involving moral turpitude or violence shall be required to produce a certificate from the superintendent, After Care Home, or if there is no such home in a particular district, from the superintendent of police of that district, endorsed by the Inspector General of prisons, to the effect that they are suitable for employment as they have proved to be completely reformed by their disciplined life while in prison and by their subsequent good conduct in an After Care Home.

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(iii) ...

(iv) ...

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3. Now, we proceed to adjudicate the individual writ appeals. (1) D.B. Spl. Appl. Writ No. 543/2021 - (State & Ors. v. Gajendra Narayan Patidar) Special Appeal (Writ) No.543/2021 has been preferred by the State of Rajasthan for assailing the Judgment/Final Order dated 23.01.2020 passed by the learned Single Bench of this Court whereby, the Writ Petition No.17646/2018 preferred by the respondent Shri Gajendra Narayan Patidar (writ petitioner) was allowed and the appellants were directed to allow the writ petitioner to join on the post of Lab Assistant pursuant to his selection on merit in the recruitment process carried out in furtherance of the Notification dated 07.02.2018.

4. The writ petitioner stood in merit and was selected on the