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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Avinash Kumar Dhilan S/o Shri Harphool Singh Dhilan – Appellant
Versus
State Of Rajasthan, Through Its Principal Secretary, Department Of School Education (Elementary) – Respondent
JUDGMENT :
Arun Monga, J.
1. Acquitted of all charges qua offences allegedly committed by petitioner when he was a young boy of 19 years, he is before this Court assailing an order dated 02.01.2024 (Annex.7), vide which, his candidature for the post of Teacher Gr.III, was rejected by the respondents on the ground that his antecedents were not found satisfactory, as he was involved in multiple criminal cases registered under Sections 147, 323, 332, 336, 341, 353, 427, 504 & 34 of IPC.
2. Brief facts of the case first. Petitioner is a Graduate having Degree in Science and thereafter enrolled in B.Ed course in year 2014. The requisite educational qualification for the purpose of appearing in the REET examination for Level-II was Graduation Degree and B.Ed. The petitioner took the Rajasthan Eligibility Examination for Teachers -2022 (REET) examination and qualified the same with 84% marks in the Level-II for the subjects of Science/Maths.
2.1. Respondent No.2 issued an Advertisement dated 16.12.2022 (Annex.1) for the post of Teacher Grade-III Level-II (Subject Science/Maths). Total 5,678 posts were advertised for the Non- TSP area and 1,030 posts were meant for TSP area. As per the adverti
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.
Acquittal, regardless of being with benefit of doubt, does not disqualify candidates from employment; youthful indiscretions should not hinder future opportunities.
An acquittal based on benefit of doubt does not equate to an honourable acquittal, affecting eligibility for police service recruitment.
An acquitted individual cannot be denied employment based on past allegations, as it contravenes principles of justice and reintegration into society.
The court emphasized that reliance on superseded circulars for denying employment based on pending criminal cases is erroneous, requiring objective assessment of each candidate's suitability.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 guarantee employment; employers can consider a candidate's criminal history when making hiring decisions.
The acquittal in a criminal case does not automatically entitle a candidate for appointment, and the employer has the right to consider the antecedents of the candidate.
The appointing Authority must consider the antecedents of a candidate acquitted in a criminal case and conduct a detailed probe before making a decision.
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