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PUSHPENDRA SINGH BHATI
Nawal Kishor S/o Shri Govind Prasad Sangela – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
(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 imme
An acquittal in a case involving personal disputes does not disqualify an individual from government employment, reinforcing the principle of equality in public service opportunities.
The court established that mere involvement in a criminal case does not automatically disqualify a candidate for government service; a detailed examination of moral implications is necessary.
The main legal point established is that pending criminal cases, especially those involving grave moral turpitude, can justify the denial of appointment to government service, in accordance with the ....
Acquittal in criminal cases does not guarantee employment; employers can consider a candidate's criminal history when making hiring decisions.
The court emphasized that reliance on superseded circulars for denying employment based on pending criminal cases is erroneous, requiring objective assessment of each candidate's suitability.
The mere pendency of a criminal case not involving moral turpitude cannot justify denial of appointment, emphasizing the need for contextual evaluation of character and offences.
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