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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Shanker Lal Jat S/o Shri Kailash Chandra Jat – Appellant
Versus
Principal Secretary, Panchayati Raj Department – Respondent
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
The court emphasized that reliance on superseded circulars for denying employment based on pending criminal cases is erroneous, requiring objective assessment of each candidate's suitability.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 main legal point established is that pending criminal cases, especially those involving grave moral turpitude, can justify the denial of appointment to government service, in accordance with the ....
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.
Acquittal in criminal cases does not automatically guarantee employment; discretion in hiring must consider the nature of the offence and circumstances of the acquittal.
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.
A candidate's truthful disclosure of a pending criminal case does not justify denial of appointment if there is no evidence of concealment or misrepresentation.
The concealment of a pending criminal case during the employment application process can justify termination of services, as integrity and character are critical for positions within the judicial sys....
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