RAJESH KUMAR Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) With the consent of the parties, the writ petition is heard finally.

(2.) The petitioner is one who was selected for the post of Senior Teacher (English) however he was denied joining on the post due to pendency of the criminal case. A report in this regard was given by the Superintendent of Police.

(3.) It is submitted that pendency of criminal case cannot be a bar to allow joining of post more so when appointment is given. Condition No. 3 of the appointment order was contrary to the rule 12 of the Rajasthan Education Subordinate Service Rules, 1971 (for short 'the Rules of 1971'). The respondents may accordingly be directed to allow petitioner to join the post in question. This is more so when petitioner is not connected to the criminal case as he has been added as an accused for offence by section 120-B IPC.