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[2026:RJ-JD:43487-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Special Appeal Writ No. 1800/2025 CNR: RJHC010758622025 | URN: SAW / 3202U / 2025

1. State Of Rajasthan, Through Secretary To The Government, Department Of Elementary Education, Government Of Rajasthan, Secretariat, Jaipur.

2. Director, Directorate Of Elementary Education, Rajasthan, Bikaner.

3. Deputy Director, Elementary Education, Rajasthan, Bikaner.

4. District Education Officer (Headquarter), Elementary Education, Jalore.

5. Rajasthan Staff Selection Board, State Institute Of Agriculture Management Premises, Durgapura, Jaipur Through Its Chairman.

----Appellants Versus Rajendra Singh S/o Shri Prathvee Raj Singh, Aged About 30 Years, Resident Of 561, Uchal , Akoli, P.o. Bagra, District Jalore (Rajasthan)

----Respondent For Appellant(s) : Mr. Ayush Gehlot, AAAG for Mr. Rajesh Panwar, AAG For Respondent(s) : Mr. Rishabh Tayal Mr. Jitendra Choudhary HON'BLE THE CHIEF JUSTICE MR. SANJAY K. AGRAWAL HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

Reportable

10/09/2026

1. The State of Rajasthan has preferred the present special appeal under Rule 134 of the Rajasthan High Court Rules, 1952 questioning the legality and correctness of the judgment dated 07.04.2025 passed by the learned Single Judge, wherein the writ petition preferred by the writ petitioner-respondent herein has been allowed and the impugned order dated 07.06.2024 has been quashed and set aside and the State of Rajasthan has been directed to issue appointment letter to the petitioner on the post of Primary School Teacher (General/Special Education)(Level-1, Class I to V) within a period of 30 days from the date of his approaching the respondents with a web-print of the said order.

2. The aforesaid challenge has been made on the following factual background.

2.1. An advertisement dated 16.12.2022 was issued for the post of Primary School Teacher (General/Special Education)(Level-1, Class I to V). The writ petitioner applied for the said post and cleared the written examination and his name finds place in the list of provisionally selected candidates and he was allowed to participate in the process of document verification.

2.2 Thereafter, the State of Rajasthan issued an order dated 31.07.2023 containing the list of finally selected candidates, in which the name of writ petitioner stood at Sr.No.5339 and also the writ petitioner was included in the list of candidates called for counselling, wherein his name stood at Serial No.295.

2.3 However, the petitioner was not issued the appointment letter on account of a criminal case pending against him for offences under Sections 199, 200, 466, 467, 468, 471 and 420 of the Indian Penal Code, from which, the petitioner was acquitted by the judgment dated 07.07.2023 passed by the learned Additional Chief Judicial Magistrate, No.2, Jalore and the same was affirmed by the learned Sessions Judge, Jalore in the appeal preferred by the State while extending the benefit of doubt. Thereafter, the State Government passed an order dated 07.06.2024 that on account of a criminal case, though, he has acquitted, he is not entitled for order of appointment. Aggrieved by the said order, the writ petitioner preferred a writ petition.

2.4 The learned Single Judge, by the impugned order dated 07.04.2025, allowed the writ petition and quashed the order dated 07.06.2024 and directed the respondents to issue appointment letter to the petitioner for the post of Primary School Teacher (General/Special Education)(Level-1, Class I to V) within a period of 30 days after approaching the competent authority.

3. Mr. Ayush Gehlot, learned counsel for the appellants submit that the respondent writ petitioner was charged for the serious offences under Sections 199, 200, 466, 467, 468, 471 and 420 of the Indian Penal Code and these offences are involving moral turpitude as held by Hon’ble Supreme Court in the case of Central Bureau of Investigation Vs. Jagjit Singh; (2013) 1