Alok Kumar Chaturvedi S/o Shri Late Shri Ram Sudhakar v. The State Of Rajasthan, Through Its Principal Secretary

Judgment

4. The State Of Rajasthan, Through Its Principal Secretary, Department Of Secondary Education, Govt. Secretariat, Rajasthan Govt. Jaipur. The Principal Secretary, Department Of Personnel, Govt. Secretariat, Rajasthan Govt. Jaipur. The Director, Department Of Secondary Education, Directorate, Bikaner (Raj.). The Secretary, Rajasthan Public Service Commission, District Ajmer, Rajasthan. ----Respondents For Petitioner(s)

: Mr. Manoj Kumar Bhardwaj For Respondent(s) : Mr. MF Baig HON'BLE MR. JUSTICE SUDESH BANSAL 29/07/2025 Order

1. The fundamental prayer of the petitioner, in the instant civil writ petition, is to consider his candidature on merits for the post of School Lecturer (Political Science), pursuant to Advertisement dated 28.04.2022. In order to seek such prayer, petitioner has impugned the circular dated 04.12.2019, issued by the Department of Personnel, declaring the persons ineligible for appointment if are involved in offence under Section 498-A and prayer has also been made that the verbal rejection of petitioner's candidature on account of pendency of a criminal case of offences under Sections 498-A & 406 IPC be quashed. For ready reference, the prayer made in the writ petition is being reproduced hereunder: [2025:RJ-JP:28748] (2 of 5) [CW-9756/2023] "i) the impugned verbal actions of respondent RPSC of verbally rejecting the candidature of humble petitioner on account of pendency of criminal case under Sections 498-A and 406 of Indian Penal Code, 1860 on the post of School Lecturer (Political Science) in pursuance to advertisement dated 28.04.2022 and the impugned circular dated 04.12.2019 issued by Department of Personnel may kindly be declared illegal and arbitrary and contrary to Rule 18 of Rajasthan (State and Subordinate) Service Rules, 2021 and therefore, same may kindly be quashed and set aside. ii) by issuing the writ of mandamus, order or direction in the nature thereof respondents may kindly be directed to give appointment to humble petitioner on the post of School Lecturer (Political Science) with all consequential benefits in pursuance to the Advertisement dated 28.04.2022."

2. Submission of counsel for petitioner is that petitioner's wife lodged an FIR No.139/2014 on 12.06.2014 at Police Station Mahila Thana, Jaipur City for offence under Sections 498-A & 406 IPC, whereupon after investigation charge-sheet has been filed and charges have also been framed. Further submission is that petitioner's wife stayed with him only for three months but thereafter, petitioner filed a divorce petition, wherein a decree of divorce dated 07.06.2019 has been passed in favour of petitioner on the ground of cruelty under Section 13 of the Hindu Marriage Act by the Family Court No.2, Jaipur. It has been submitted that petitioner has also filed S.B. Criminal Miscellaneous Petition No.89/2020, seeking to quash the FIR and criminal proceedings; although yet the criminal proceedings have not been quashed, but proceedings have been stayed by the High Court and criminal [2025:RJ-JP:28748] (3 of 5) [CW-9756/2023] miscellaneous petition is pending before the Rajasthan High Court for final adjudication. Learned counsel submits that there is every likelihood of quashing the FIR along with criminal proceedings arising therefrom.

3. Further submission of counsel for petitioner is that in the meanwhile vacancies of School Lecturer (Political Science) was advertised by Rajasthan Public Service Commission (RPSC) vide Advertisement dated 28.04.2022. Petitioner applied and appeared in the written examination and secured merit position. In the process of documents verification, petitioner disclosed about pendency of criminal case against him, whereupon, his candidature was verbally declined to consider on merits, in the light of Circular dated 04.12.2019, hence, petitioner filed instant writ petition under Article 226 of the Constitution of India. It has been urged that when earlier writ petition was heard, the High Court granted indulgence and interim relief was given to petitioner, to allow him to appear for documents verification. Thereafter, final merit list has been issued and appointment to the selected candidates have been given but RPSC has withheld the final result of the petitioner.

4. Further submission of counsel for petitioner is that in the substantial similar set of circumstances, the Coordinate Bench of this High Court in S.B. Civil Writ Petition No.13198/2024 titled as 'Amrit Pal Vs. State of Rajasthan' decided vide judgment dated

27.11.2024, held that the circular dated 04.12.2019, unjustly bars appointment of a candidate solely on the basis of pending criminal charges and directions were issued by the High Court, to grant [2025:RJ-JP:28748] (4 of 5) [CW-9756/2023] appointment to the petitioner, subject to final outcome of the pending criminal trial, hence, the prayer of counsel for petitioner is that the petitioner's case may also be decided in the similar terms.

5. Per contra, the counsel appearing on behalf of RPSC, submits that candidature of petitioner has never been cancelled by the RPSC rather in pursuance of the interim order dated 06.07.2023, passed by this Court, petitioner has been permitted to participate in the process of documents verification but his result has been withheld until final decision of the writ petition.

6. Having considered the rival submissions of counsel for both the parties, it has transpired that the consideration of candidature of petitioner on merits has been kept withheld by RPSC, only on account of pendency of a criminal case for offences under Sections 498-A & 406 IPC. This is clear from the record that the marriage of petitioner has been dissolved vide judgment dated 07.06.2019, passed by Family Court No.2, Jaipur and petitioner has also filed S.B. Criminal Miscellaneous Petition No.89/2020 for quashing of criminal case, wherein the trial of such criminal case is stayed by the High Court.

7. In the opinion of this Court, the facts of the present case are substantially similar to that of case of Amrit Pal (supra), hence merely on account of implicating the petitioner in a criminal case of offence under Sections 498-A & 406 IPC, his candidature for appointment may not allow to be withheld in the light of Circular dated 04.12.2019. Petitioner has not been yet held guilty of such offence. Equity and hardship tilt in favour of petitioner, who claims to be a meritorious candidate and denial to consider his [2025:RJ-JP:28748] (5 of 5) [CW-9756/2023] candidature on merits is violative to his fundamental right to get employment and life and liberty guaranteed under Articles 16 & 21 of the Constitution of India.

8. As far as binding effect of the Circular dated 04.12.2019 is concerned, the Coordinate Bench of this High Court in the case of Neeraj Kanwar Vs. State of Rajasthan & Ors.:S.B.CWP No.9517/2024 decided vide judgment dated 27.03.2025, considered this issue and observed that the circular is in the nature of general guidelines, to be observed by the concerned authorities and the ultimate decision to adjudge the suitability or unsuitability of a candidate has to be taken by the appointing authority by taking into consideration the facts and circumstances of each case. The guidelines, contained in the circular are not to be treated so rigidly as to not even allow for the possibility that a candidate's past, even if marred by being a suspect or under trial, may be outweighed by the subsequent reformation and exemplary behaviour.

9. Hence, this Court deems it just and proper to direct the respondents to consider the case of petitioner for appointment on merits in terms of the order dated 27.11.2024 passed by the Coordinate Bench in case of Amrit Pal (supra). The necessary orders will be passed by the respondents within a period of four weeks.

10. Accordingly, the writ petition stands disposed of.

11. All pending application(s), if any, stand(s) disposed of. RONAK JAIMAN/100 (SUDESH BANSAL),J