IMPORTANT POINT
Suppression of material facts in employment applications, particularly regarding criminal history, can lead to denial of appointment, emphasizing the need for integrity in positions of trust.

ORDER :

(Vinit Kumar Mathur, J.) :

1. Heard learned counsel for the parties.

2. The present writ petition has been filed by the petitioner with the prayer that he may be granted appointment on the post of Primary School Teacher (General/Special Education) (Level-1) in pursuance of the selection process undertaken vide advertisement dated 16.12.2022.

3. Briefly noted the facts in the present case are that the petitioner applied for the post of Primary School Teacher (General/Special Education) (Level-1) in pursuance of the advertisement issued by the respondents on 16.12.2022. After having cleared the written examination, the petitioner was called for the verification of his documents. After scrutinizing the documents, the respondents found that the petitioner suppressed the information with respect to pendency of a criminal case against him. Consequently, the respondents did not issue the appointment order in favour of the petitioner. Hence, the present writ petition has been filed.

4. Learned counsel for the petitioner vehemently submits that the petitioner is a meritorious person and has cleared the written examination. He submits that in the attestation form submitted by the petitioner, he left the Column No.12–blank. He further submits that the petitioner submitted three attestation forms and in Column No.12 of the 1st attestation form, he mentioned that ‘Yes- one case is pending(domestic violence)’. In the 2nd attestation form submitted by the petitioner, the Column No.12 was left blank. He also submits that when the petitioner was called for the document verification, he submitted all the requisite documents including the document of the criminal case and, therefore, he has not suppressed any information from the respondent-Department. Learned counsel, therefore, prays that the respondents may be directed to issue appointment order in favour of the petitioner.

5. Per contra, learned counsel for the respondents, while negating the arguments of the learned counsel for the petitioner, submits that it is a clear case of concealment and misrepresentation practised by the petitioner. He also submits that the attestation form which is produced before this Court from Page No.66 & 67 of the writ petition, wherein Column No.12 it has been mentioned ‘Yes- one case is pending (domestic violence) was never submitted to the respondent-Department. Learned counsel for the respondents also submits that the attestation form which was actually submitted by the petitioner is produced before this Court along with their additional affidavit, wherein Column No.12, the petitioner had put in a ‘cross(x)’. Not only this, on 07.07.2023, the petitioner under his own signature had given in writing that there is no case of criminal nature pending or decided against him and if any information with respect to the criminal case pending or decided against the petitioner comes to the knowledge of the respondent-Department, the respondent-Department may disqualify him for appointment. The self declaration form dated 07.07.2023 is also placed on record by the respondents along with their additional affidavit.

6. Learned counsel for the respondents therefore submit that it is a clear case of suppression of material facts from the respondent-Department for getting the appointment on the post of Primary School Teacher (General/Special Education) (Level-1) as a criminal case being FIR No.222/2019 was registered against the petitioner at Police Station Chittorgarh, District Chittorgarh for the offence under Sections 452, 143, 341 & 323 of the IPC in which police, after investigation, filed charge-sheet for the offence under Sections 341, 323, 324 & 34 of IPC. Learned counsel also submits that if a person who is having the credentials as mentioned above, is given appointment on the post of Primary School Teacher, such person would ruin and spoil future of the young generation while teaching them in school. Learned counsel for the respondents further submits that the pe