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.

JUDGMENT :

Arun Monga, J.

1. Petitioner herein, a widow, whose marriage to her now deceased husband irretrievably broke down, resulting in matrimonial acrimony and collateral criminal proceedings, aspirant to be an officer in Rajasthan Administrative Service (RAS), inter alia, seeks issuance of an appropriate writ, order and/or direction commanding the respondents to accord her appointment as per her merit, which is being declined due to pending criminal proceedings against her, instituted by her estranged husband.

1.1. Owing to marital discord, petitioner-wife also got an FIR No.0164/2021, dated 19.08.2021 (a copy thereof tendered in course of prior hearing and taken on record) under Sections 354, 355, 323, 329, 404, 406, 406, 420 and 498-A read with 120-B of IPC. Whereas, her deceased husband lodged an FIR No.0530/2020 dated 04.09.2020 under Sections 452, 341, 323 & 143 of IPC read with section 27 of the Arms Act which, after investigation, led to filing of challan (final report) dated 12.02.2021 under sections 323, 341, 451 read with 34 of the IPC (allegations/charges qua Arms Act were dropped). It is the latter which has turned nemesis to her career goal and is genesis of the instant service writ petition.

Facts

2. Relevant facts as pleaded in the petition are that the Rajasthan Public Service Commission (RPSC) issued advertisement on 20.07.2021 for recruitment to the Rajasthan State Administrative and Subordinate Services. The petitioner, being eligible, applied and first took preliminary examination wherein she qualified for the combined written examination conducted on 27.10.2021. Being successful in the same, she appeared for an interview on 09.10.2023.

2.1. The petitioner was declared successful as per the select list published by the RPSC and she was asked to appear before the Medical Board 0n 25.01.2024. However, appointment letters were subsequently issued to other selected candidates, including those with lower merit than the petitioner, but the petitioner was denied an appointment as per her merit.

2.2. Upon inquiry, she was orally informed that her appointment had been withheld due to an FIR lodged by her husband. Despite multiple requests, no written reason was provided for withholding the petitioner’s appointment.

2.3 Asserting that the petitioner's husband had filed a false FIR against her and her family, making omnibus allegations of atrocities against them, the petitioner has filed this petition for the relief as mentioned in the opening part of this judgment.

STAND TAKEN IN REPLY

3. Stand taken in the reply filed by the respondents, inter alia, is as below :-

3.1. It is submitted that a criminal case was registered against the petitioner vide an FIR on 04.09.2020, ibis, which subsequently led to final report dated 12.02.2021 under section 173 of the Cr.P.C. and trial qua same is presently pending before the competent Court.

3.2. Furthermore, with respect to the character verification of candidates selected for government service, in view of the pending criminal trial against the petitioner, she is deemed ineligible for appointment as per the Circular dated 04.12.2019, issued by the Department of Personnel.

4. In the aforesaid backdrop, I have heard the rival contentions of both the learned Senior counsels representing their respective parties as well as perused the pleadings along with the record appended therewith.

5. During pendency of the writ petition, vide an order dated 23.07.2024 passed by a Coordinate Bench of this Court, then seized of the matter, an interim protection was granted to the petitioner, in following terms :-

“Heard learned counsel for the parties.

The present writ petition has been filed with the prayer that the petitioner may be issued appointment order in pursuance of her selection in RAS/RTS Examination held in furtherance of the notification dated 20.07.2021.

Learned counsel for the petitioner submits that despite the petitioner has cleared the selection process for appointment on the post of RAS/