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Judgment
Learned counsel for the petitioner has submitted that the
petitioner in pursuance of advertisement issued by the
respondents applied in ST category for recruitment to the post of
Jail Warder. Learned counsel contends that the petitioner was
declared successful in written test as well as in physical efficiency
test.
Learned counsel for the petitioner submits that the petitioner
in the selection process, was declared successful, but was not
given appointment on the ground that the petitioner being
involved in a criminal case had concealed the particulars thereof from the prospective employer. Learned counsel submits that now
the trial has concluded and the petitioner for offences under
Sections 341, 323 and 324 IPC has been acquitted.
Learned counsel for the respondent has relied upon Avtar
Singh v. Union of India, (2016) 8 SCC 471 to contend that
employer has to take various factors into consideration to
determine whether offence committed by the petitioner is of trivial
nature or constitute moral turpitude and furthermore whether the
petitioner is entitled to be recruited as Jail Warder or not?
Mr. Prakash Yadav on behalf of Dr. A.S. Khangarot, learned
Additional Government Counsel, has submitted that the issue is no
longer res integra. It is contended that considering the law laid in
the case of Avtar Singh (supra), a coordinate Bench of this court
in bunch of writ petitions, lead case being Babu Lal Meena v.
State of Rajasthan & Ors., S.B. Civil Writ Petition
No.2073/2016 decided on 13.02.2017, to determine above
issues has appointed a committee to examine the case of each
candidate as to what is the effect of concealment and outcome of
criminal case.
As jointly prayed, present writ petition is disposed of in same
terms as in the case of Babu Lal Meena v. State of Rajasthan
& Ors., S.B. Civil Writ Petition No.2073/2016 decided on
13.02.2017.