STATE OF RAJASTHAN & ORS Vs. GIRISH KUMAR

JUDGEMENT

(1.) This intra court appeal has been filed as against the order of the Single Bench dated 14.3.2012 passed in S.B. Civil Writ Petition No.12793/2011, whereby the Single Bench allowed the writ petition filed by the respondent-petitioner and while quashing the communication dated 25.11.2011 in so far relating to respondent-petitioner directed the respondents to proceed with the matter of appointment of the respondent petitioner ignoring the registration of criminal case and if he is found standing in the merit to offer him appointment within fifteen days from the date of order.

(2.) Briefly stated the facts of the case are that in pursuance of the advertisement dated 14.10.2010 (Annex.1) issued by the appellants for recruitment to the different posts of Constable which included Constable-General, ConstableOperator and Constable Driver etc., the respondent-petitioner applied on or before 12.11.2010 under the ST category which was the last date for submission of the application form. The respondent-writ petitioner qualified in the written examination and he was called for physical test. After selection process was over, the appellants issued the select list wherein the petitioner's name did appear therein at S.No. 76. However, when the writ petitioner was not issued appointment, then on enquiry made under the RTI Act, vide communication 25.11.2011 he was informed that since the writ petitioner has concealed the fact regarding challan having been filed against him in a criminal case pending against him, he was not offered appointment. Being dissatisfied with denial of appointment, the petitioner preferred a writ petition.

(3.) The respondents did not file any return to the writ petition.