[2026:RJ-JP:2468]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 578/2026 Rahul Saini Son Of Shri Babu Lal Saini, Aged About 23 Years, Resident Of Village And Post Nawalpura, Tehsil Shahpura, District Jaipur (Raj.) ----Petitioner Versus

1. State Of Rajasthan, Through Its Secretary, Department Of Home, Govt. Secretariat, Jaipur (Raj

2. Director General Of Police, Police Head Quarter, Jaipur (Raj.)

3. Inspector General Of Police (Recruitment), Police Head Quarter, Lal Kothi, Jaipur (Raj.)

4. Inspector General Of Police, Jodhpur Range Jodhpur (Raj.)

5. Superintendent Of Police Sirohi, District Sirohi (Raj.)

----Respondents For Petitioner(s) : Mr. Bajrang Sepat for Ms. Komal Kumari Giri For Respondent(s) : Mr. Parth Sharma and Mr. Vishnu Dutt Sharma for Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

20/01/2026

1. Instant writ petition is preferred by petitioner with following prayer:

“It is, therefore, most respectfully prayed that your lordship may graciously be pleased to issue and allow this Writ petition and - 1. Issue a writ order or direction in the nature thereof quashed and set aside the oral rejected order on the ground of criminal case pending against the petitioner and direct the respondents to allow the petitioner to join his duty on the post of constable in compliance of selection list/press note dated 23.12.2025 under advertisement dated 09.04.2025 in the larger interest of justice.

2. Issue any other writ order or direction, which this Hon'ble Court deems fit and proper, may kindly be passed in favour of the petitioner.”

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 the learned Counsel for the Petitioner and also perused the reply filed by the respondents. Additional affidavit submitted by the petitioner is taken on record along with documents.

4. The issue pertains to recruitment on the post of Constable, wherein the petitioner was denied appointment on the ground that he was involved in a criminal case.

5. Learned Counsel for the Petitioner while referring Annexure-

AF-1 a copy of the judgment dated 12.01.2026 passed by the Learned Judicial Magistrate in NCV no. 345/2021 (arising out of FIR no. 08/2021 P.S. Manoharpur (Jaipur) titled as “State Vs. Babulal and Ors.” submitted that the learned Magistrate has extended benefit of probation to the petitioner and also gave benefit to petitioner under Section

12 of Probation of Offenders Act.

6. An identical issue was considered by the Division Bench of this Court in the case of DB Special Appeal (Writ) No. 971/2022, Babbal Singh Vs. State of Rajasthan and also in judgment dated 29.08.2025 in DB Special Appeal (Writ) No. 732/2022, Shaitan LaL Kurach Vs. State of Rajasthan and Ors. and other connected matters.

7. Considering the material placed on record, the respondents are duty-bound to consider the candidature of a petitioner who has been cleanly acquitted in a criminal case. Therefore, the writ petition is liable to be disposed of on the basis of the ratio laid down in cases of Shaitan LaL Kurach Vs. State of Rajasthan and Ors. (supra) and Babbal Singh Vs. State of Rajasthan (supra).

8. In view of the discussion made hereinabove, the writ petition is hereby allowed with direction to the respondents to re- examine the case of the present petitioner for appointment to the post of Constable, in light of the judgment referred hereinabove, and also circular dated 04.12.2019, issued by DOP (K-2) The petitioner is at liberty to submit a fresh representation along with a copy of this order within a period of 30 days to the respondent Nos. 3 and 4. Th