2026 Supreme(Raj) 488

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR 
ASHOK KUMAR JAIN, J.
Komal Vaishnav, D/o. Shri Gopichand Vaishnav – Petitioner
Versus
Punjab National Bank, Through Its Chief Manager, Human Resource Department – Respondent
S.B. Civil Writ Petition No. 16495 of 2022 Connected With S.B. Civil Writ Petition No. 10598 of 2023
Decided On : 24-03-2026

A candidate is bound by advertised eligibility criteria once they participate in the selection process. Suppression of material information, such as prohibited higher qualifications, constitutes misconduct justifying termination, and the judiciary will not interfere in the early stages of pending departmental or administrative investigations.

Headnote:(A) Constitution of India - Articles 14 and 21 - Employment - Recruitment process - Eligibility criteria - Suppression of material information - A candidate who participates in the selection process is bound by the terms and conditions of the advertisement and cannot challenge the eligibility criteria or disqualification conditions after having participated therein (Paras 24, 28).

(B) Employment Law - Disciplinary proceedings - Misconduct - Suppression of higher qualifications - Where an advertisement explicitly restricts eligibility to a specific educational qualification and excludes higher qualified candidates, suppression of such higher qualification by the applicant constitutes misrepresentation and fraud, justifying the issuance of a charge-sheet and subsequent disciplinary action (Paras 16, 26).

(C) Judicial Review - Interference in disciplinary proceedings - Courts should not interfere in ongoing departmental inquiries or investigative proceedings regarding the verification of documents such as caste certificates until the competent authority has reached a final determination, adhering to the principle of non-interference in internal administrative processes (Paras 31, 32, 34).

Facts of the case:
The petitioner was appointed to a position meant for candidates with secondary education upon declaring that they possessed no higher qualifications. Subsequent to the appointment, it was discovered that the petitioner was a graduate, leading the employer to initiate disciplinary proceedings for the suppression of material information. Concurrently, a dispute arose regarding the legitimacy of the petitioner's social category certificate, which became the subject of a pending investigative inquiry by an expert committee.

Findings of Court:
The court found that the petitioner knowingly accepted the terms of recruitment and suppressed their true academic status to secure the position. The court held that the employer’s decision to initiate disciplinary proceedings was grounded in the established principle that employment obtained through misrepresentation or suppression of facts is voidable. The court further determined that it would be improper to interfere in the ongoing departmental inquiry or the pending investigation concerning the category certificate, as these administrative processes must be allowed to conclude.

Issues: The main issues were whether a candidate can challenge recruitment conditions after participating in the process and whether the suppression of qualifications as per the advertisement constitutes a valid ground for dismissal, alongside the question of judicial interference in pending administrative caste certificate verifications.

Ratio Decidendi: The legal principle established is that an applicant is estopped from challenging recruitment conditions following participation in such process and that the concealment of information vital to eligibility criteria creates an invalid contract of employment, permitting the employer to proceed with disciplinary action. Furthermore, judicial restraint is required regarding ongoing administrative disciplinary and fact-finding processes.

Result: The writ petitions were dismissed.

Table of Content
1. factual overview of the recruitment dispute regarding educational qualifications for the post of peon. (Para 1 , 2 , 20 , 21 , 25)
2. contentions regarding suppression of material information and consequences of over-qualification. (Para 3 , 4 , 5 , 6 , 12 , 13 , 14 , 15 , 16)
3. disputation regarding the validity of the obc caste certificate and validity of disciplinary charges. (Para 7 , 8 , 9 , 10 , 11 , 17 , 18)
4. candidates suppressing material qualification data are ineligible regardless of higher degree status. (Para 22 , 23 , 24 , 26 , 27 , 28)
5. courts will not interfere in ongoing, legally prescribed disciplinary proceedings concerning caste verification. (Para 29 , 30 , 31 , 32 , 33 , 34)
6. dismissal of writ petitions maintaining the bank's authority to hold disciplinary inquiries. (Para 35 , 36)

JUDGMENT :

ASHOK KUMAR JAIN, J.

1. These two writ petitions were filed by the same petitioner, hence they are tagged together and are being decided by this common order.

2. The writ petitions are filed with the following prayers:

S.B. Civil Writ Petition No. 16495/2022 :

(i) By an appropriate writ, order or direction, the impugned order/notice dated 28.09.2022 (Annexure-23) passed by the Disciplinary Authority respondent No.3 may kindly be quashed and set aside and the condition arbitrary to the effect of possession of graduation and higher qualifications not to be eligible under the head of educational qualification in the advertisement dated 12.02.2021 (Annexure-1) and only to the said extent may kindly be declared nullity in the eyes of law and/or it be quashed and set aside.

(ii) It is also prayed that by an appropriate writ, order or direction, the respondents may specifically be commanded to allow the petitioner to work as it is on the post of Peon under the order of appointment dated 18.03.2021 further directing them to pay her salary and other admissible allowances and relief with consequential benefits flowing therefrom.

S.B. Civil Writ Petition No. 10598/2023:

(i) the action on the part of the respondents proceeding further regarding OBC CasteCertificate of the petitioner and consequent upon the charge-sheet dated 09.06.2023 may kindly be declared as illegal, arbitrary, mala fide and violative to the provisions of Articles 14 and 21 of the Constitution of India, besides the provisions of the Bipartite Settlement and consequently, the impugned charge-sheet dated 09.06.2023 (Annexure-21) may kindly be quashed and set aside;

(ii) the respondents may specifically be commanded not to proceed further in pursuance of the charge-sheet dated 09.06.2023 in the matter.

3. Learned counsel for the petitioner, while placing reliance upon the grounds of the writ petition in Writ Petition No. 16495/2022, submitted that after notice of dismissal dated 28.09.2022, the instant writ petition has been filed. He further submitted that the respondents have invited applications for the post of Peon (Class IV) with the condition that any person who has passed 12th Secondary Education is eligible for appointment, but a graduate or higher qualified person is not eligible for the post. He also submitted that possessing a higher qualification is not bad and the condition prescribing a lower qualification is bad in the eye of law. He also submitted that the condition prescribed in the advertisements dated 12.02.2021 (Annexure-1) is not only bad but is a nullity in the eye of law.

4. He also submitted that pursuant to the application form submitted by the petitioner, the petitioner was appointed on the post of Peon and she has submitted an affidavit with entire information, and herein it is not a case of concealment. He further submitted that without any reason, a charge-sheet has been issued to the petitioner and without giving her sufficient opportunity, following proper procedure, and defend herself, an enquiry report has been prepared against the petitioner.

5. He also submitted that now notice dated 28.09.2022, (Annexure-23), has been

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