NEERAJ KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner herein, inter alia, seeks the quashing of an order dtd. 23/11/2021 (Annex.-5), vide which he was deemed ineligible for appointment, and requests his appointment to the position of Constable in accordance with the advertisement dtd. 25/5/2018.

(2.) Brief facts first. A criminal case against the petitioner was resolved in his favor on 16/1/2018. Subsequent thereto, the respondents issued a notification/advertiement on 25/5/2018, inviting applications for various posts, including the position of Constable (General), for which the petitioner, being fully eligible, applied on 6/6/2018. After successfully clearing all stages of examination, he was selected and assigned to the Rajsamand district for appointment. Meanwhile, on 2/3/2020, a notification was issued outlining disqualification criteria, including cases resolved through compromise (Rajinama). As part of the appointment process, the petitioner was asked to undergo character certificate verification through the SHO of Bhim via a letter dtd. 15/6/2021, which he duly completed within the stipulated time. However, despite fulfilling all the necessary requirements, he received a. order/letter dtd. 23/11/2021, assailed herein, declaring him ineligible for appointment due to the prior resolution of a criminal case through compromise, even though the case had been settled in his favor years earlier. Aggrieved, petitioner has filed the instant petition.

(3.) In the aforesaid backdrop, I have heard the rival contentions and perused the case file.