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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Dinesh Mehta, J.
Daya Ram & Ors. – Appellant
Versus
Union Of India & Ors. – Respondent
S.B. Civil Writ Petition No. 2870 of 2022
Decided On : 12-12-2022
Appointment - Constable (GD) - The court directed the respondent (BSF) to consider the petitioner's case for appointment if found suitable in accordance with law.
Fact of the Case:
The petitioner sought quashing of an order denying appointment as Constable (GD) and requested the court to direct the respondents to declare the final result and afford appointment to the petitioner.
Finding of the Court:
The court disposed of the petition with a direction to the respondent (BSF) to consider the petitioner's case for appointment if found suitable in accordance with law.
Issues: The issues involved the denial of appointment to the petitioner and the request for a direction to declare the final result and afford appointment.
Ratio Decidendi: The court's decision was influenced by the assurance from the respondent that the appointment order would be issued by the BSF and directed the BSF to consider the petitioner's case for appointment if found suitable in accordance with law.
Final Decision: The writ petition was allowed with a direction to the respondent (BSF) to consider petitioner's case for appointment if found suitable in accordance with law.
JUDGMENT
Dinesh Mehta, J. - By way of the present petition, the petitioner has prayed thus:-
"A. By an appropriate writ, order or direction, any order passed by the respondents denying appointment to petitioner on the post of Constable (GD) in pursuance of the Notice dated 21.07.2018 (Annex.01) may kindly be quashed and set aside.
B. By an appropriate writ, order or direction, the respondents may kindly be directed to declare the final result of the petitioner for issuing offer of appointment to the petitioner for the post of Constable (GD) in pursuance of the Notice dated 21.07.2018 (Annex.01).
C. By an appropriate writ, order or direction, the respondents may kindly be directed to afford the petitioner appointment on the post of Constable (GD) while treating him medically fit in pursuance of the Notice dated 21.07.2018 (Annex.01) along with all consequential benefits if otherwise found eligible.
D. Any other appropriate writ, order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
E. Writ petition filed by the petitioner may kindly be allowed with costs."
2. Mr. Mukesh Rajpurohit, Dy.S.G. appearing for the respondent - Union of India submits that the result of the petitioner has been declared and Central Reserved Police Force has sent petitioner’s papers to BSF, as per petitioner’s own option, for doing needful.
3. He assures that the appointment order in turn shall be issued by the BSF.
4. In view of the statement aforesaid, the present writ petition is disposed of with a direction to the respondent (BSF) to consider petitioner’s case for appointment if he is otherwise found suitable in accordance with law. Needful be done as early as possible preferably within a period of four weeks.
5. Stay application also stands disposed of accordingly.
The court's decision was based on the respondent's assurance and the direction to consider the petitioner's case for appointment if found suitable in accordance with law.
Failure to disclose material information and approach the court with clean hands can render a writ petition not maintainable.
The court emphasized the necessity of compliance with government orders and fair treatment in recruitment processes, ruling against arbitrary actions by authorities.
Appointments in public service must be made strictly based on merit, even in cases of unfilled vacancies.
No mandamus can be issued for appointment when a candidate has not been acquitted in a criminal case, and a person with criminal antecedents is not suitable for appointment in the police force.
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