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DINESH MEHTA
Vinod Kumar S/o Shri Ram Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. By way of the present petition, the petitioner has prayed that the order dated 16.05.2017, whereby petitioner’s candidature for the post of Constable has been rejected, be quashed.
2. The facts in brief are that the petitioner applied for the post of Constable in the Constable Recruitment Examination, 2013. On being found meritorious, his name appeared in the select list.
3. When the petitioner was not issued appointment order, he preferred a writ petition being S.B. Civil Writ Petition No. 3321/2016, in which by way of interim order dated 29.03.2016, a coordinate Bench of this Court directed the respondents to consider petitioner’s representation.
4. In furtherance of the interim order dated 29.03.2016, the petitioner submitted his representation dated 11.04.2016, which came to be rejected by the respondents by order dated 20.05.2016, inter-alia, observing that as the petitioner had concealed the pendency of criminal case (FIR No. 205/2007, for the offences under sections 323, 447, 504 and 34 of the Indian Penal Code), he is not found suitable for the appointment.
5. Thereafter the order dated 06.09.2016, came to be passed by the respondent No. 3, whereby candidatures of 13
Point of Law : Suppression of information about pending criminal case in verification form is a sufficient ground for canceling the candidature or withholding appointment.
The competent authority must evaluate the suitability of a candidate with pending criminal charges for police service, considering the nature of the charges as per guidelines established in Avtar Sin....
The cancellation of a candidate's selection based solely on the registration of a criminal case, without evidence of complicity, is unjustified and reflects a lack of proper consideration of the fact....
The court established that pending criminal cases should not automatically disqualify candidates; a contextual evaluation of the offenses is essential.
Order impugned cancelling the candidature of the petitioner is not sustainable in the eye of law.
Candidates seeking employment in a disciplined police force are expected to carry high moral standards, and any deliberate misstatement or omission in furnishing vital information is viewed seriously....
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