[2025:RJ-JP:13474] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10432/2016 Rajesh Kumar Rajput S/o Shri Jagdish Prasad, Village Khambha,Jail Road,Dholpur District Dholpur Raj. ----Petitioner Versus 1. Principal Chief Conservator Of Forests, Rajasthan, Jaipur 2. Divisional Chief Conservator Of Forest, Bharatpur 3. The Deputy Conservator Of Forest, Dholpur Raj. ----Respondents For Petitioner(s) : Mr. Pushpendra Singh for Mr. Pushpendra Pal Singh For Respondent(s) : Mr. Rahul Lodha, AGC HON'BLE MR. JUSTICE SAMEER JAIN Judgment 25/03/2025 1. Learned counsel for the petitioner has submitted that in pursuance to the advertisement dated 26.10.2015, petitioner has applied for the post of Forest Guard. It is further submitted that despite being selected on merit, respondents ousted the candidature of the petitioner on the said post for the reason that criminal case is pending against the petitioner, therefore, the present petition is filed. 2. Further, while placing reliance upon the judgment passed in SBCWP No. 585/2025 titled as Mohammed Aslam Silawat Vs. State of Raj. & Anr. decided on 15.01.2025 and judgment passed by Division Bench in SAW No. 13971/2023 titled as Jyoti Verma Vs. Raj. High Court & Anr. Ors. decided on 01.10.2024, it is submitted that the petitioner therein was [2025:RJ-JP:13474] (2 of 3) [CW-10432/2016] exonerated and accordingly acquitted on 22.09.2022, therefore, the candidature of the petitioner should be considered for the said post, moreso when the Court has acquitted the similarly situated petitioner on the akin ground. 3. Furthermore, it is submitted that the petitioner has disclosed the fact qua the criminal case in the application form (Annexure- 4), therefore, his candidature should not be ousted by the respondents. 4. Per contra, learned counsel for the respondents has vehemently opposed the above said contentions of the learned counsel for the petitioner and submitted that the offense committed by the petitioner is of heinous nature and it is the wisdom of the employer to verify the character of the candidate before making an appointment and it is not merely the fact that acquittal or conviction which is to be considered, but also the nature of the offense. 5. It is further submitted that the selection process qua the said post is concluded in the Year 2016. Further, it is submitted that the contention of the petitioner that he has disclosed the fact qua the criminal case in the application form, however, upon perusal of the application form, it is reflected that the said fact about criminal case is not disclosed by the petitioner (Annexure-4), therefore, the present petition should be dismissed. 6. Heard and considered. 7. Considering the rival arguments advanced by learned counsel for the parties, scanned the record of the case and taking note of the judgments cited at the Bar, this Court has made the following observations:- [2025:RJ-JP:13474] (3 of 3) [CW-10432/2016] 7.1. That advertisement for the said post was issued in the Year 2015. 7.2. That Superintendent of Police, Dholpur, Incharge of law has given a character certificate of the petitioner vide letters dated 18.03.2016 and 23.08.2016, whereby, character and credibility of the petitioner were found to be questionable and did not meet the expected standards, due to the registration of FIR No. 46/2011 under the provisions Sections 302, 120-B, 394 and allied provisions of IPC, wherein charge sheet was issued and trial was ongoing. 7.3. In light of the same, Department of Personnel has rejected the candidature of the petitioner as per departmental instructions. 7.5. That the character of the employee is of significant importance to the employer. 8. Considering that the judgments cited by learned counsel for the petitioner are not applicable in the facts of the present case, taking note of the fact that as on date, no interim order is operational qua the petitioner, that the selection process is concluded way back in the year 2016, this Court is not inclined to interfere with the present petition. 9. In light of the above, the present petition is dismissed. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J Pooja /281