SAPNA SHARMA Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) The petitioner in this writ petition inter alia seeks the following relief:-

(2.) Briefly stated the facts leading to the filing of the instant writ petition are that the petitioner was selected by the J & K Service Selection Board (hereinafter referred to as the Board) for the post of Teacher for district cadre Udhampur. The name of the petitioner figures at S.No.126 of the select list issued by the Board in reference to item 620 of the Notification No.06 of 2013 dated 10.05.2013. Before the petitioner could be issued the order of appointment, the respondent No.3 received a complaint from one Dharam Chand Sharma that the petitioner was involved in a criminal case and the matter was pending in the Court of law. Accordingly, the petitioner was asked by the respondent No.3 vide his letter No.E-2/75503 dated 08.03.2016 to get the character certificate issued in her favour by the Executive Magistrate Ist Class, Udhampur re-verified from the competent authority and submit it to his office within a period of one week positively. It was also intimated to the petitioner that in case of failure, her appointment order shall be kept withheld. The respondent No.3 verified the information from the SHO Udhampur who vide his letter No.PSU/2016/725/5-1 dated 26.02016 intimated the respondent No.3 that one case FIR No.17 of 2014 under Section 498-A RPC of Police Station Women Cell, Udhampur was registered against the petitioner and the challan was pending in the competent Court of law. Acting on the aforesaid information, the respondent No.3 did not issue the formal order of appointment in favour of petitioner. This is how the petitioner feeling aggrieved has approached this Court by way of instant writ petition.

(3.) Learned counsel appearing for the petitioner vehemently contends that a pendency of criminal case involving the commission of an offence which does not constitute moral turpitude is no ground to deny appointment. It is stated that the petitioner has been unnecessarily made victim by the estranged wife of her brother and her parents who are hell bent to wreck vengeance against the petitioner who have not only involved the petitioner in the FIR but have also lodged a complaint with the respondent No.2 so that the petitioner is denied the appointment of Teacher for which she has been selected by the Board on the basis of her merit and qualification. It is, thus, submitted that the pendency of a challan in the case of the nature of 498-A RPC, which is otherwise based on the false and frivolous allegations, cannot be used as a weapon to deprive the petitioner of her hard earned appointment.