HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13213/2024 Sarita Meena D/o Shri Kalyan Mal Meena W/o Late Shri Heera Lal Meena, Aged About 35 Years, Resident of V.P. Santhali, Meena Ka Mohalla, Tehsil Deoli, District Tonk (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through The Chief Secretary, Government Secretariat, Jaipur

2. The Principal Secretary, Department Of Personnel, Government Secretariat, Rajasthan, Jaipur

3. The Principal Secretary, General Administration Department, Government Secretariat, Rajasthan, Jaipur

4. Rajasthan Public Service Commission, Through Its Secretary, Ghooghra Ghati, Ajmer

5. Pooja Kumari (Merit No. 2123), (Appointment Has Been Given In The Category Of ST Widow Category Vide Order Dated 25.05.2024) Through Secretary, Rajasthan Public Service Commission, Ghooghra Ghati, Ajmer ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad with Mr. Mohd. Kasim Khan For Respondent(s) : Mr. Archit Bohra, AGC with Mr. Rahul Verma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

25/02/2026

1. The instant writ petition is filed by the petitioner with following prayer:-

"1. The impugned decision of the Committee dated 16.03.2024 may be quashed and set aside, in the interest of justice.

2. The action/omission on the part of the respondents in not considering the petitioner as eligible candidate for allotment of service pursuant to the Rajasthan State & Subordinate Service Combined Competitive Examination-2021 in pursuant to the advertisement dated 20.07.2021 may be declared arbitrary and illegal and accordingly the same may be ordered to be set right by directing the respondents to consider the candidature of the humble petitioner for allotment of service as an eligible candidate and accordingly in view of her merit position No.2116 in Scheduled Tribes Woman Widow Category she may be given appointment on the post of Naib-Tehsildar, in the interest of justice.

3. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner."

2. Learned counsel for the petitioner while placing reliance upon grounds of writ petition has submitted that the respondent – RPSC has issued an advertisement inviting application for Rajashtan State and Subordinate Services and the petitioner has filled an application, and subsequently been qualified not only in written examination but also called for interview. He also submitted that the petitioner was not given appointment rather one Pooja Kumari (Merit No.2123) was given appointment in the category of petitioner, and on an inquiry and document received under RTI, the petitioner came to know that due to two criminal cases registered at Police Station Behror, District Alwar, the candidature of petitioner was rejected.

3. Learned counsel also submitted that the identical issue was considered by a Co-ordinate bench of this court in case of Krishan Gopal Sharma Vs. The General Manager, UCO Bank and Ors. : SB Civil Writ Petition No.2106/2021 dated 09.05.2025, wherein a candidate was denied appointment as the acquittal was not honorable. He further placed reliance upon order dated

18.11.2024 in case of Shankar Lal Vs. State of Rajasthan and others : SB Civil writ Petition No.756/2022 and judgment dated 27.03.2025 in case of Neeraj Kanwar Vs. State of Rajasthan and others : S.B. Civil Writ Petition No. 951/2024 and submitted that the issue was considered by a Co- ordinate Bench of this Court at Principal Seat, Jodhpur and after taking note of legal position, has directed the State to grant appointment subject to pending criminal case.

4. Learned counsel has further referred a Division Bench judgment of this Court in case of Shaitan Lal Kurach Vs. State of Rajasthan and Ors. : D.B. Special Appeal Writ No.732/2022, decided on 29.08.2025 and submitted that even a person on post of constable was given appointment despite having a criminal case. He further placed reliance upon a circular of DO