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2025 DAILYLAW 18362 (RAJ)

TARACHAND BALAI S/O SHRI PRABHU DAYAL BALAI v. STATE OF RAJASTHAN

CW/9038/2019 · 2025-07-10

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:25442] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9038/2019 Tarachand Balai S/o Shri Prabhu Dayal Balai, Aged About 35 Years, R/o Gram Post Jaisinghpura Via Bhankrota, Tehsil Sanganer, District Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through Chief Secretary, School Education, Govt. Secretariat, Jaipur. 2. Rajasthan Public Service Commission, Ajmer, Through Secretary 3. Deputy Director, Secondary Education, Jaipur Division, Jaipur. ----Respondents For Petitioner(s) : Mr. Manish Poonia For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 10/07/2025 1. By means of filing instant writ petition under Article 226 of the Constitution of India, petitioner is seeking directions against respondents to allow petitioner to join on the post of Senior Teacher (Sanskrit) pursuant to the vacancies notified in the year 2016-17. The case of petitioner is that he participated in the recruitment process and vide order dated 27.09.2018, was offered an appointment on the post in question, subject to verification of his character through police. In the police verification, it transpired that at that point of time, a criminal case No.68/2016 for offence under Section 498A and 304B of IPC was under trial before the Criminal Court. On that ground, petitioner was not allowed to join pursuant to appointment order dated 27.09.2018. [2025:RJ-JP:25442] (2 of 3) [CW-9038/2019] 2. Counsel for petitioner submits that petitioner has been acquitted in the aforesaid criminal case vide judgment dated 21.05.2022 passed by the Additional Sessions Judge (Women Atrocities Cases), Jaipur Metropolitan-II, hence, respondents be directed to allow joining to the petitioner pursuant to the appointment. 3. Counsel for petitioner is not able to show before this Court that the appointment order dated 27.09.2018 is still alive and operative. It is noteworthy that in the present writ petition, no interim order was passed in favour of petitioner either for non- cancellation of his appointment order or keeping a seat vacant. Thus, it is obvious that the offer of appointment, issued to the petitioner vide order dated 27.09.2018, has come to an end with lapse of time. 4. In view of the undisputed fact that at the time of submission of online application form and at the time of offering the appointment to petitioner, he was facing a criminal trial for offences under Sections 498A and 304B of IPC. The nature of offence is heinous and pertains to offence of moral turpitude, hence, post acquittal of petitioner vide judgment dated 21.05.2022 does not hold the petitioner entitled to seek joining pursuant to appointment order dated 27.09.2018. Undisputedly, petitioner never disclosed factum of pending criminal trial in the online application form. 5. In such circumstances, no relief to the petitioner in exercise of equitable jurisdiction under Article 226 of the Constitution of India can be granted. 6. Accordingly, instant writ petition is hereby dismissed. [2025:RJ-JP:25442] (3 of 3) [CW-9038/2019] 7. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J NITIN /7