An acquittal in a case involving personal disputes does not disqualify an individual from government employment, reinforcing the principle of equality in public service opportunities.

ORDER :

FARJAND ALI, J.

1. The petitioner has filed the instant writ petition under Article 226 of the Constitution of India seeking a direction for the respondents to allow him to join on the post of Lecturer (School Education).

2. Briefly stated, facts of the case are that vide advertisement dated 13.04.2018 applications were invited from eligibile and desirous candidates for appointment on the post of Lecturer (Sechool Education) in different subjects including Political Science. The petitioner possessing the requisite qualifications applied for the post in the subject Political Science. The respondents vide corrigendum dated 19.09.2019 re-advertised the post of Lecturer (School Education), however, the candidates who had applied earlier were not required to apply again. The petitioner participated in the selection process and ultimately, he was given appointment vide order dated 01.04.2021, wherein his name finds place at S.No.11. In pursuance of the appointment order, the petitioner submitted his joinining before the Principal, Government Senior Secondary School, Nimbada, Rani, District Pali. Alongwith the application for joining, the petitioner also submitted documents including the police verification report issued by the Superintendent of Police, Nagaur, which mentioned registration of a criminal case against him, therefore, the Principal of the concerned school vide letter dated 05.04.2021 sought clarification from the Director, Secondary Education, Rajasthan, Bikaner regarding joining of the petitioner. Since the petitioner was not allowed to join duties, he preferred the instant writ petition with the aforesaid prayer.

3. The matter was listed before the court on 12.05.2025, on which day, while issuing notices to the respondents, it was directed that the petitioner’s appointment on the post of Lecturer shall not be cancelled. It appears that the respondents did not receive a copy of the order dated 12.05.2021 in time, therefore, vide order dated 27.05.2021 the appointment of the petitioner was cancelled. However, later on vide order dated 20.07.2021, the earlier order dated 27.05.2021 was kept in abeyance till further orders and one post of Lecturer (Political Science) was kept reserved for the petitioner.

4. Learned counsel for the petitioner submits that there was a matrimonial discord between the petitioner and his wife and therefore, she lodged an FIR against him for the offences under Sections 498 -A, 406, 323, 354, 354B of the IPC and Section 4 of the Dowry Prohibition Act, wherein a charge-sheet was filed against the petitioner. During the pendency of the instant writ petition, the petitioner and his wife resolved the dispute amicably and a compromise came to be executed between them and on the basis of the settlement between the parties, the learned Chief Judicial Magistrate, Nagaur vide judgment dated 27.06.2024 passed in Criminal Original Case No.1735/2020 (FIR No.91/2020 Police Station Mahila Thana, Nagaur) has acquitted the petitioner from all the charges. A certified copy of the judgment has been placed on record.

5. Learned counsel for the petitioner submits that sole ground of not allowing the petitioner to join his duties was pendency of criminal case referred above. However, the fact remains that firstly, none of the offences alleged involve moral turpitude, rather the same were outcome of a riff between the petitioner and his wife due to matrimonial discord and the case was lodged purely in order to exert pressure upon the petitioner, however, later on under the guidance of family members, the parties came to senses and arrived at an amicable set