IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA th ON THE 11 OF NOVEMBER, 2024 WRIT PETITION No. 4019 of 2024 RAHUL JATAV Versus THROUGH SECERTARY AND OTHERS Appearance:

Shri Rishi Tiwari - Advocate for the petitioner.

Shri Himanshu Joshi - Deputy Solicitor General for the respondents.

ORDER The instant petition is filed challenging the impugned communication dated 22/11/2023 whereby the provisional offer of appointment of the petitioner on the post of Constable (GD) in BSF 2022 has been cancelled in the light of circulars of the respondent No.1 dated 1/2/2012 and directions contained in the letter dated 16/7/2020 because of pendency of criminal case. The petitioner has also challenged the order dated 9/2/2024, Annexure P-2 whereby his representation for setting aside the order dated 22/11/2023 cancelling his provisional offer of appointment on account of subsequent acquittal in criminal case has also been dismissed. It is not in dispute that recruitment in relation to BSF is not within the jurisdiction of Armed Forces Tribunal and the present petition is maintainable before this Court.

2. Facts are succinctly stated that the petitioner had appeared in the Staff Selection Commission, (GD) Examination, 2022 conducted on Signature Not Verified Signed by: PRAMOD

9/2/2023 by Staff Selection Commission, M.P Region (referred as SSC, GD). The petitioner was selected in the said examination and was eligible for appointment. The petitioner had received the letter dated 28/9/2023 giving him "provisional offer of appointment" subject to various conditions enumerated in the letter. As per clause "c", it was mentioned that candidate's appointment will be regularised immediately on receipt of verification of character, antecedents, and confirmation from the concerned authority that no factual information has been suppressed which would lead to disqualification and render the candidate unfit for employment under the Government. In clause "7" it was mentioned that the appointment is provisional and subjected to the candidate's character, antecedent, education and the caste/tribe/OBC certificate being verified through proper channel. If the verification reveals that any claim/information of the candidate is false, his service can be terminated forthwith without assigning any reason and without prejudice to such further action, as may be taken under provisions of the Indian Penal Code/BSF Act or any other law. The petitioner, as per the instructions in the said letter, joined the CSWT BSF on 27/10/2023.

3. By the impugned order dated 22/11/2023, Annexure P-1, the said conditional "provisional offer of appointment" was cancelled on the ground that on verification it was found that against him a criminal case under Section 325, 323/34 and 50 of IPC was pending before the District Court, Shivpuri. The same was rejected, in view of the directions contained in circular dated 1/2/2012 and letter dated 16/7/2020. The petitioner was acquitted on 28/11/2023 by the Chief Judicial Magistrate in criminal case Signature Not Verified Signed by: PRAMOD No.1152/2022. The petitioner submitted a representation for restoring his appointment in the light of order of acquittal. The said representation was rejected on the ground that in view of para 4(C) of Circular dated 18/7/2019 issued by the respondent No.1.

4. Counsel for the petitioner submitted that the petitioner had not suppressed any information in regard to the pendency of the criminal case. It is also submitted that in the attestation form which has been filed by the respondent as Annexure R-2, he has clearly mentioned about the pendency of the criminal case. He has drawn the attention of the Court to the entries made in the last column of Annexure R-2 where he mentioned about the pendency of criminal case and offences registered against him. Thus, the cancellation of provisional appointment of the petitioner is illegal, arbitrary and the respondents ought to have re