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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE ARUN MONGA, J
Rohit Kumar Kalbi S/o. Narayan Lal – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. petitioner applied for position (Para 1 , 2) |
| 2. defense against appointment denial (Para 3 , 4) |
| 3. petitioner's contention on denial (Para 5) |
| 4. no concealment by petitioner (Para 6) |
| 5. previous case relevant (Para 7) |
| 6. monetary benefits clarified (Para 11 , 12) |
ORDER :
1. Petitioner herein is before this Court seeking directions to the respondents to conduct his document verification and grant him appointment to the post of Teacher Grade-III, Level-II, pursuant to the advertisement dated 16.12.2022.
2. Briefly speaking, relevant facts as pleaded in the petition are that the Rajasthan Karamchari Chayan Board, Jaipur, issued an advertisement on 16.12.2022 inviting applications for the post of Teacher Grade-3 Level-2 (Class 6-8) in Hindi for the Non-TSP Area. The petitioner, being eligible, applied for the said position.
2.1. In response to the advertisement, the Director of Elementary Education, Bikaner, issued the final list of selected candidates on 05.10.2023. The petitioner’s name appeared at serial number 5 in the list with a merit score of 371. During the document verification, candidates were asked to fill out a self-declaration form, including information about an
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The court emphasized that reliance on superseded circulars for denying employment based on pending criminal cases is erroneous, requiring objective assessment of each candidate's suitability.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 automatically guarantee employment; discretion in hiring must consider the nature of the offence and circumstances of the acquittal.
Suppression of material facts in employment applications, particularly regarding criminal history, can lead to denial of appointment, emphasizing the need for integrity in positions of trust.
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 registration of an FIR does not justify denial of appointment; public employers have discretion in hiring based on candidate suitability and integrity.
The court established that termination based on non-disclosure of a past criminal case requires careful consideration of the nature of the allegations and the candidate's overall suitability.
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