The court emphasized that reliance on superseded circulars for denying employment based on pending criminal cases is erroneous, requiring objective assessment of each candidate's suitability.

ORDER :

1. Petitioner herein, aspirant to become a Teacher, inter-alia, seeks issuance of appropriate writ, order and / or direction commanding the respondents to allow him to join on the post of Teacher Grade-III with all consequential benefits pursuant to advertisement dated 11.09.2017.

2. Brief facts first. Respondent No.2 issued an advertisement on 11.09.2017 for the selection of 9,178 posts of Teacher Grade-III Level-II Science & Math under the Rajasthan Panchayati Raj Rules, 1996 for the Non-TSP area. Petitioner, meeting the qualifications, applied in the OBC Non-creamy category and was successful in the selection process.

2.1 He was issued an appointment order on 28.10.2021, placing him at Sr. No. 4 for a posting at the Govt. Upper Primary School in Barmer. However, the petitioner was not allowed to join on duty. The reason provided was an ongoing criminal case under Sections 498-A and 406 of the IPC, despite the petitioner’s affidavit confirming that he has not been convicted by any Court. Hence, the present petition.

3. To oppose the petition, stand taken inter alia in the reply filed by the respondents is as under:-

“3. That it is humbly submitted that the petitioner stated in his writ petition that his candidature was wrongly been rejected by the answering respondent and he is liable to be appointed on the said post. It is pertinent to submit here that the petitioner in the writ petition has clearly averred the fact at para no.12 of the present writ petition about the police verification and pendency of the same before the learned court. An FIR bearing no.99/2020 was lodged against the petitioner himself under the Section 406 and 498A Of Indian Penal Code (IPC), 1860 at the police station Phulia, Bhilwara, Rajasthan. It is also the admitted position in the pleadings of the petitioner that the case is still pending consideration/adjudication/trial before the competent Court (Anex.10). It is pertinent to submit here that mere inclusion of the name of petitioner in the appointment list does not create any right in favour of petitioner. The appointment order itself is provisional one and will only come into force upon completion of police verification of the candidates. The candidature of the petitioner has been assessed & considered till his non-consideration on the said post strictly in accordance with guidelines/circular governing the field.

4. That answering respondent has not considered the candidature of the petitioner on ground of pending criminal case against the petitioner and the amended advertisement is governed by the circular dated 15.07.2016. The circular dated 15.07.2016 specifically deals with cases of those candidates against whom pending trial is there in one or the other registered FIR's. The petitioner in the present writ petition is having the FIR registered under Section 406 & 498A of IPC. Hence, his candidature has been rejected as per the circular and the conditions mentioned in the appointment order.

5. That the respondents most respectfully submits that the present writ petition is just an abuse of process of law as no grounds is available to the petitioner for challenging the recruitment process as conducted by the respondent department. It is pertinent to submit here that the candidature of the petitioner has been rejected in lieu/pursuance of circular dated 15.07.2016 wherein the specific conditions have been mentioned in the said circular wherein if an aspirant is having criminal antecedents, the appointment could not be given. It is pertinent to submit here that the circular dated 15.07.2016 is not under challenge in the instant writ petition and even otherwise as per the Hon'ble Apex Court, it is upto the discretion of the employer to deny giving employment on the basis of eventualities of criminal trial / conviction /acquittal of a given aspirant. Hon'ble Apex Court further mandatorily directed for consideration of Government order / instructions / rules at the time of taking such decisions. Th