[2025:RJ-JP:51873]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4072/2024 Suresh Kumar Meena S/o Gopal Lal Meena, Aged About 38 Years, R/o Meena Ki Dhani, Vpo Basari Khurd, Tehsil Kishangarh Renwal, District Jaipur, Rajasthan.

----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Department Of School Education, Government Secretariat, Jaipur, Rajasthan.

2. The Director, Secondary Education, Rajasthan, Bikaner.

3. The Joint Director, School Education, Udaipur Division, Udaipur.

4. The Principal, Govt. Girls Secondary School, Kanera, District Chittorgarh, Rajasthan.

----Respondents For Petitioner(s) : Mr. Ram Pratap Saini Mr. Aamir Khan For Respondent(s) : Mr. Devansh Sharma, AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

19/11/2025

1. Instant Writ Petition is filed with following prayer:-

(i) Issue an appropriate writ order or direction in the nature thereof thereby, the respondents may kindly be directed to allow the petitioner to render his duties on the post of Sr. Teacher (Social Science) in compliance of appointment order dated 01.03.2024 as well as Joining Report dated 06.03.2024.

(ii) Issue an appropriate writ order or direction in the nature thereof thereby, the respondents may kindly be directed not to cancel the appointment order dated 01.03.2024 of petitioner for the post of Sr. Teacher- Social Science on account of pendency of criminal case against the petitioner.

2. The facts narrated in the petition in brief are that petitioner was recommended on post of Senior Teacher Grade-II (Social Science) by RPSC, pursuant to recruitment notification dated 05.04.2022. The petitioner was accordingly appointed vide order dated 01.03.2024, and petitioner has joined at Government Girls’ Senior Secondary School, Kanera, Nimbahera, District Chittorgarh in Udaipur Division. The petitioner has submitted joining report on 06.03.2024, but due to police verification report, whereby it has come to the notice of the Principal that a criminal case FIR No. 638/2019 dated 20.10.2019 under Section 498-A, 323, 354 and 313 IPC was registered at Police Station Shahpura, District Jaipur (Rural) therefore, the Principal has sought guidance from the Joint Director. The petitioner has filed instant petition as he was not allowed to continue.

3. On 27.03.2024, a co-ordinate bench has passed an interim order directing the respondents not to cancel the candidature of present petitioner and keep one post of Senior Teacher Grade-II (Social Science) vacant.

4. Learned counsel for petitioner has placed reliance upon order dated 30.07.2025 in S.B. Civil Writ Petition No. 2547/2024, Vishnu Sharma v. State of Rajasthan and Ors., and submitted that in identical cases, a co-ordinate bench of this Hon’ble Court has directed the respondents to issue appointment order and allow candidate to join on post, despite the fact that a criminal case under Section 498-A IPC was registered and pending. The counsel has also placed reliance upon order dated 27.11.2024 in S.B. Civil Writ Petition No. 13198/2024, Amrit Pal Vs. State of Rajasthan and Ors. and order dated 30.07.2024 in Writ Petition No. 6136/2015, Ranveer Kumar Vs. Jodhpur Vidyut Vitran Nigam Ltd. And Ors. and submitted that in identical cases the candidates were permitted to join pursuant to selection through public examination. He also submitted that present petitioner was acquitted from criminal case on 04.11.2024 by learned Additional Chief Judicial Magistrate, Shahpura, District, Jaipur, and now there is no criminal case pending against the petitioner.

5. Aforesaid contentions were opposed by learned counsel for respondents and submitted that an appointment order has already been issued but during police verification a criminal case was found registered against present petitioner and now if the petitioner is acquitted then he may submit a representation to the respondent(s) and same shall be considered in accordance with rules. He also placed reliance upon the