STATE OF RAJASTHAN Vs. SURYAKANT

JUDGEMENT

(1.) This appeal is filed by the State Government to challenge the judgment of the learned Single Judge dtd. 25/3/2021 allowing the petition of the present respondent by setting aside an order dtd. 18/10/2018 passed by the authority cancelling selection of the petitioner to the post of Jail Guard. Brief facts are as under:-

(2.) The present respondent-original petitioner had applied for the post in question which was advertised by the department on 29/10/2015. The last date for applying as per the advertisement was 2/12/2015. The petitioner appeared in the selection process and was duly selected. The medical examination of the petitioner was carried out on 14/6/2018 and appeared for document verification pursuant to the call letter issued on 8/6/2018. The petitioner was however not offered appointment. Instead, the department passed order on 18/10/2018 cancelling his selection making observations to the following effect:-

(3.) The petitioner would point out that a criminal case was lodged against him after he had filed his application for appointment. He therefore had no occasion to disclose any such event. He would also point out that the Magistrate had acquitted him on 11/9/2018. On 18/10/2018 when the Department cancelled the petitioner..s selection this fact was not taken into account. If the petitioner was given an opportunity of being heard, he would have pointed this out to the authority.