IMPORTANT POINT
A candidate cannot be disqualified from judicial service based solely on pending criminal allegations without conviction; character assessment must consider the nature of allegations and the absence of a trial.

ORDER :

1. The petitioner has preferred this writ petition claiming the following prayer:

(i) issue direction to quash and set aside the impugned result dated 30/08/2022 (Annex.8) qua the petitioner and the note No.6 appended with the result may be declared illegal. Further, issue direction to the respondent to recommend the petitioner’s name for appointment to the post of Rajasthan Judicial Services-Civil Judge 2021 along with all consequential benefits;

(ii) in alternative, issue direction to the respondent to decide the representation dated 01/09/2022 (Annex.15) submitted by the petitioner within the stipulated period of two weeks with the liberty to file a fresh writ petition, if the need arise.

(iii) Any other order favourable to the petitioner may also be passed.

2. Brief factual matrix of the case is that the petitioner completed his B.B.A., LLB. (Hons.) Course in the year 2018 and was a topper of his batch and scored 8.3 Cumulative Grade Point Average (CGPA). The petitioner was awarded gold medal being the first rank-holder in his batch.

2.1 The respondents issued an advertisement for recruitment to Civil Judge Cadre-2021 on 22.07.2021 to be held in accordance with Rajasthan Judicial Service Rules, 2010 (hereinafter referred to as “the Rules of 2010”). The petitioner filled his form under OBC-NCL category. He disclosed in his form about pendency of criminal cases registered against him. The examinations were held by the respondents and the petitioner was declared successful in the main examination for recruitment in the Civil Judge Cadre-2021.

2.2 Thereafter, the petitioner was called for interview on 22.08.2022. Pursuant to the interviews, the result of the recruitment of Civil Judge Cadre was declared on 30.08.2022 wherein the petitioner stood at serial No.152, as he secured 166.5 marks and was qualified for recruitment. The cut-off for OBC-NCL category was 163 and on merit, the petitioner was entitled to be recruited. However, the respondents declared the petitioner non-suitable for the appointment in view of the criminal antecedents.

2.3 The petitioner was facing an FIR No.5/2021 lodged at Police Station Kuchaman City, Nagaur for offences under Sections 420, 406, 120-B, 341 and 384 of IPC. The allegations in the FIR pertain to family educational institution in the name of Hightech Shikshan Sansthan, Kuchaman City, Distt. Nagaur, in which half of the stakes were sold to one Bhanwar Singh, who became the complainant as the dispute arose between both the parties regarding running of the Educational Institution. The dispute arising out of the same transaction further culminated into another FIR No.249/2021 lodged at Police Station Kuchaman City. The aforesaid offences were not concealed by the petitioner while filling up the form.

3. The learned Senior Counsel Shri Vikas Balia, assisted by Mr. Nishant Bora, Advocate and Mr.Ashok Choudhary, Advocate appearing for the petitioner submits that the petitioner is a highly meritorious student, who was qualified on merit to be appointed in the Civil Judge Cadre, but has not been given appointment on count of the aforesaid FIRs.

3.1 Learned Senior counsel for the petitioner further submits that both the FIRs were because of a dispute between the family of the petitioner and the complainant, who agreed by an Agreement to Sell-cum-Contract to share the property for running the school in question. The said agreement shows that 50% of the school land and assets were to be controlled by the petitioner’s family, whereas another 50% was to be controlled by the complainant-party. The petitioner was not a party to the original agreement, on the basis whereof, the complainant party got 50% of the members in the society for running of the school. The petitioner, who remained away from the aforesaid events, was inducted as the member of society upon demise of his grand-father, who was the Chairman of the Society with the consent of all the existing members of the Society on 21.05.2017. The ensuing