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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Ravi Kumar, S/o Shri Devi Lal Meena – Appellant
Versus
State Of Rajasthan, Through Secretary, Department Of Medical And Health, Government Of Rajasthan – Respondent
Order :
(ARUN MONGA, J.)
1. Petitioner herein, aspirant to become Nursing Officer, inter alia, seeks quashing of impugned communication dated 20.03.2025 alongwith minutes of meeting dated 05.03.2025, vide which his candidature for the said post pursuant to advertisement dated 05.05.2023, was rejected.
2. Briefly speaking, relevant facts as pleaded in the petition are that the petitioner applied for the post of Nursing Officer under the ST category as per the advertisement dated 05.05.2023, which outlined a selection process based on 70% weightage for qualifications and 30% for experience. He had served as Nurse Grade-II on a contract basis at CHC, Mirjewala, for 1,201 days and obtained an experience certificate on 23.05.2023. His document verification was conducted on 07.10.2023, and he was placed at Sr. No. 1853 in the final selection list published on 06.12.2024 with a score of 76.128%. He was subsequently appointed as a Nursing Officer on 09.01.2025 and posted at PHC Hindumalkot, Sri Ganganagar, at Sr. No. 1864 in the appointment list.
2.2. On 05.04.2022, the petitioner lodged a complaint at P.S. Matilirathan, Sri Ganganagar, alleging that Gurpreet Singh and others wrongfully harves
The rejection of a candidate's appointment based solely on a pending criminal case, without considering the nature of the allegations or the application form's requirements, is arbitrary and unsustai....
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.
The mere pendency of a criminal case does not automatically disqualify a candidate for compassionate appointment; each case must be assessed on its own merits.
The court emphasized that reliance on superseded circulars for denying employment based on pending criminal cases is erroneous, requiring objective assessment of each candidate's suitability.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 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.
Suppression of criminal case information does not automatically disqualify compassionate appointment; objective evaluation required.
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