MAHENDRA SINGH MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of present writ petition, the petitioner has challenged the order dated 09.06.2020, whereby the respondents have cancelled his selection on the post of Nurse Grade-II.

(2.) Mr. Mardia, learned counsel for the petitioner, submitted that the petitioner, duly selected in the selection process, was not given joining and his appointment has been cancelled vide the impugned order, in wake of pendency of a criminal case against him.

(3.) While maintaining that the veracity of the charges against the petitioner is yet to be determined, learned counsel argued that the allegations levelled and charge-sheet under Sections 143, 283 and 353 of the IPC (unlawful assembly; obstruction of public way and extortion) are not of such grave nature, for which an incumbent can be denied appointment. He added that considering Rule 12 of the Rajasthan Medical and Health Subordinate Service Rules of 1965 (hereinafter referred to as the Rules of 1965 ), which even allows a convict to be given appointment, impugned order deserves to be quashed.