[2025:RJ-JP:51630]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 4148/2019

Narendra Singh Rawat S/o Shri Laxman Singh, Aged About 43 Years, R/o 156/36, Rawat Bhawan, Block No. 49, Police Line

Chauraha, Ajmer.

----Petitioner

Versus

1. State Of Rajasthan, Through The Secretary, Department

Of Home, Government Of Rajasthan, Jaipur.

2. The Director General Of Police, Police Headquarter,

Rajasthan, Jaipur.

3. The Inspector General Of Police (Recruitment), Rajasthan,

Jaipur.

4. The District Police Superintendent, Ajmer.

----Respondents

For Petitioner(s) : Mr. Bajrang Sepat for Ms. Komal

Kumari Giri

For Respondent(s) :

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

18/12/2025

1. Instant writ petition is preferred by petitioner with following

prayer:

“1. Quash and set aside order dated 21.01.2019 passed by

respondent no.4

2. Direct the respondents to appoint the petitioner to the post of Constable with all consequential

benefits.

3. Any other relief, which this Hon’ble Court may deem fit in the favour of the humble petitioner,

may also be granted.”

2. Learned counsel for petitioner while referring and relying

upon judgment dated 13.08.2025 in D.B. Special Appeal

(Writ) No.971/2022 titled as “Babbal Singh Vs. State of Rajasthan & Ors. submits that the controversy and the issue raised herein is already settled by a Division Bench of this Hon’ble Court. He further submitted that instant writ petition be disposed of in accordance with aforesaid order.

3. Considered the submissions of learned counsel for the parties and perused the material placed on record. The facts of the case clearly indicate that the present petitioner applied for the post of Constable (General) in Rajasthan Police, Ajmer District, pursuant to the advertisement dated 25.05.2018. The petitioner claimed the Ex-Serviceman category, as he served in the Army for 17 years and retired on 31.12.2012. After the written examination and physical test, the petitioner was selected and his name appeared at serial number 562 in the select list issued by the respondents.

4. During character verification, it came to the notice of the respondents that a criminal case No. 164/1993, dated 21.06.1993, under Sections 377/511 IPC, was registered against the petitioner, wherein he was convicted by the Trial Court and sentenced to two years' imprisonment. The petitioner further pleaded that the judgment of conviction dated 21.12.2005 was challenged before the Appellate Court and same was allowed on 24.06.2006 and petitioner was acquitted from the charge. The petitioner claimed that he was a minor on the date of the alleged incident and a false and fabricated case was registered against him. The petitioner came to know about the non-

issuance of the appointment letter and hence approached this Court by filing the present writ petition.

5. The petitioner has claimed that he had already served in the Military after registration of the criminal case and that his service in the Armed Forces was satisfactory and unblemished. Despite, representation made by the petitioner to respondent No. 4, no action was taken and thereafter an order dated 21.01.2019 was passed, whereby the petitioner was found unsuitable for the post of Constable and his selection was cancelled.

6. Considered the submissions of learned counsel for the parties and also the reply filed on behalf of the respondents.

7. The material on record clearly indicates that the criminal case under Sections 377/511 IPC was registered wherein he was convicted by the Learned Judicial Magistrate No. 1, Ajmer, on 21.12.2005, and sentenced to imprisonment for two years with a fine of ₹3,000/-. The said judgment was challenged by filing Criminal Appeal No. 102/2006, (11/2006) which was decided by the Learned Special Judge SC/ST (POA) Act Cases, Ajmer on 24.06.2006.

8. The observations made by the Appellate Court indicate that the charges were not proved and that the prosecution failed to establish the case beyond reasonable doubt. The Appellate Court f