PARDEEP Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) THE petitioner has filed the instant writ petition questioning the action of the State in denying him appointment to the post of JBT teacher, inspite of being a selected candidate, only on account of registration of an FIR. Brief facts leading to the filing of the petition are that the Haryana Staff Selection Commission issued advertisement No. 4/2009 dated 13.8.2009 inviting applications from eligible candidates for recruitment to 967 posts of JBT teachers. It has been pleaded that the petitioner belongs to the General Category and was eligible to apply for the post of JBT teacher in the light of the essential eligibility conditions contained in the advertisement. Accordingly, the petitioner applied for the post and subjected himself to the process of selection. The petitioner was even called upon to appear for an interview and verification of documents on 7.6.2010 and thereafter in the select/merit list pertaining to Male JBT teachers of District Jind, his name figured at merit position No. 240.

(2.) APPARENTLY , on account of a matrimonial dispute and on account of a complaint by the wife of the petitioner, FIR No. 343 was lodged at Police Station Nissing, under Sections 406, 498 -A, 323 and 506 of the Indian Penal Code on 2.10.2010. On account of registration of the FIR, the petitioner was arrested and remained in jail for a period of six days and was allowed bail thereafter by the Judicial Magistrate 1st Class, Karnal vide order dated 20.12.2010.

(3.) LEARNED counsel for the petitioner has vehemently argued that mere registration of a case cannot be a ground for recording a finding that the petitioner is a person of doubtful character. Learned counsel would argue that it is only if a person is convicted of an offence by a competent Court of law, that a justifiable basis would vest with the State Government in denying appointment to such candidate.