MANJU KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners aggrieved against rejection of their candidature by the respondents referring to Circular dtd. 4/12/2019 (Annex.R/3) on account of coming to the conclusion that though acquitted, as the acquittal of the petitioners is not 'honourable' they are not eligible for appointment on the post of Teacher Grade-III Level-1.

(2.) It is inter-alia indicated in the petitions that the petitioners applied pursuant to advertisement dtd. 31/12/2021 for the post of Teacher Grade-III Level-1. The names of the petitioners appeared in the list of the candidates, who were later on called for document verification. The petitioners uploaded their documents, however, by impugned order their candidature has been rejected by referring to the Circular and indicating that as the trial was pending against them, or they have been convicted, they aren't entitled for appointment. The Petitions were filed inter-alia indicating rejection of petitioners' candidature was not justified, as they were acquitted by the criminal courts.

(3.) A response to the writ petition has been filed inter-alia indicating that the Circular dtd. 4/12/2019 provided that even in cases where there is an acquittal, a Committee to be formed would examine each case and on coming to the conclusion and in case where acquittal is based on giving of benefit of doubt/compromise, after examining the matter thoroughly, the decision is to be taken for according appointment. Based on which, the cases of petitioners were examined by the Committee and the Committee has come to the conclusion that the petitioners aren't entitled for appointment.