SURENDRA PAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE matter has come up on application for modification and vacation of stay order, however, with the consent of learned counsel for both the parties, the matter is heard finally. It is a case where petitioner was selected for the post of Lab Technician. Vide Annex.2, i.e., the order dt. 15th February, 2011. The petitioner was asked to submit certain documents as well as character certificate issued by the Superintendent of Police showing that he has not been convicted in any of the case. Vide Annexure -3, petitioner produced certificate giving out that one case bearing No.69/2006 is pending against him. On getting aforesaid information, the respondents has referred the matter to the Additional Director (Administration) for necessary instructions regarding joining of petitioner.

(2.) IT is stated that petitioner cannot be denied benefit of appointment merely on account of pendency of criminal case. For the aforesaid, a reference of Rule 12 of Rajasthan Medical & Health Subordinate Rules, 1965 (for short "the Rules of 1965") has been given to show that even pendency of criminal case cannot be taken as a bar for appointment.

(3.) I have considered the submissions made by learned counsel for both the parties and perused the documents enclosed along with the writ petition.