INDERJEET SINGH
Rajesh Kumar – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. This writ petition has been filed by the petitioner with the following prayer:-
ii. By an appropriate writ, order or directions, the respondents be directed to give posting to the petitioner on the post of IIIrd Grade Teacher-English (L-2), (Non TSP) as per the appointment order dated 28-03-2018 (Ann-4) at the Government Higher Primary School, Dangarwada, Panchayat Samiti Khanmdar or any other suitable place.
iii. Issue such appropriate writ order of directions as may be deemed just and proper by this Hon'ble Court in the facts and circumstances of the case."
2. Brief facts of the case are that the petitioner applied for appointment on the post of Teacher Grade-Ill pursuant to the advertisement issued by the respondents and participated in the examination held by the respondents and being successful, his name found place in the result declared by the respondents. However,
Avtar Singh Versus Union of India and others: 2016 (8) SCC 471
Avtar Singh Vs. Union of India & Ors.
State of Rajasthan & Ors. Vs. Love Kush MeenaAIR 2021 SC 1610
Acquittal in criminal cases does not guarantee employment; employers can consider a candidate's criminal history when making hiring decisions.
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 ....
The court emphasized that reliance on superseded circulars for denying employment based on pending criminal cases is erroneous, requiring objective assessment of each candidate's suitability.
Acquittal in criminal cases does not automatically disqualify a candidate for employment; character assessments must consider the nature of offences and the presumption of innocence.
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