ORDER :

1. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

“(A) By an appropriate writ, order and direction the office order dated 31.05.2021 (Annex.5) may kindly be quashed and set aside.

(B) By an appropriate writ, order and direction the Respondents may kindly be directed to allow the Petitioner to join on the post of School Lecturer in subject History in the pursuance to the pursuance of the appointment order dated 18.03.2021 (Annex.02) with all consequential benefits.”

2. Brief facts of the case, as noticed by this Court are that the petitioner participated in the recruitment process for the post of School Lecturer arising out of the Advertisement dated 13.04.2018; the petitioner got selected after undergoing the complete selection process, thereafter, an appointment order was issued on 18.03.2021 whereby the name of the petitioner was reflected at S. No. 304 for the subject History and the place of posting was given at Government Senior Secondary School, Dhalop, Desuri, District Pali, the order of appointment is Annexure-2 of the writ petition. However, the petitioner was not allowed to join, upon which, he immediately made a representation to the respondents submitting that in his application form itself, he had informed that there was a pending criminal case under Sections 406, 498A and 323 of IPC against him, and thus, no concealment had been made on the part of the petitioner. The respondents stand was that the petitioner, as per the police verification report, was facing criminal case under Sections 406, 498A and 323 of IPC.

3. Dr. Nikhil Dungawat, learned counsel appearing on behalf of the petitioner submits that the appointment was cancelled on 31.05.2021 on account of such pendency of the case, which was nothing but a matrimonial dispute and would have no bearing upon the moral fabric of the petitioner’s professional life.

3.1 Learned counsel refers to the Rule 12 of the Rajasthan Educational Subordinate Service Rules, 1971 (hereinafter referred to as ‘the Rules of 1971’) which defines “Character” which reads as follows:

“12. Character - The character of a candidate for direct recruitment to the Service, must be such as will 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 or School in which he was last educated and two such certificates written not more than six months prior to the date of application, from two responsible persons not connected with his College or University or School and not related to him.

Note:

(1) A conviction by a Court of Law need not in 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 movement which has its object the overthrow by violent means of the Government as by law established, the mere conviction need not be regarded as disqualification.

(2) Ex-prisoner 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 purposes of employment in the Service. Those who are convicted of offences not involving moral turpitude 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 Home in a particular district, from the Superintendent of police of that district.

(3) Those convicted of offences involving moral turpitude shall be required to produce a certificate from the Superintendent, After-Care-Home, endorsed by the Inspector General of prisons, to the effect that they are suitable for employment as they have proved to have been completely reformed by their disciplined life while in prison and by their subsequent good cond