[2025:RJ-JP:28917] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2547/2024 Vishnu Sharma S/o Shri Babu Lal Sharma, Aged About 28 Years, R/o Sukhramwali, Vpo Bagwara, Tehsil Amer, District Jaipur Rajasthan ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Elementary Education And Panchayati Raj Department (Elementary Education) Government Of Rajasthan, Government Secretariat Jaipur Rajasthan. 2. Director, Elementary Education And Panchayati Raj Department (Elementary Education) Rajasthan Bikaner, Rajasthan 3. District Education Officer, Elementary Education Tonk, Rajasthan 4. Chief Executive Officer, Zila Parishad Tonk Rajasthan 5. Rajasthan Staff Selection Board, State Agricultural Management Institute Premises, Durgapura, Jaipur Through Its Secretary ----Respondents For Petitioner(s) : Mr. Babu Lal Sharma For Respondent(s) : Mr. Gopal Krishan Sharma, AGC Mr. Narendra Singh Choudhary HON'BLE MR. JUSTICE SUDESH BANSAL Order 30/07/2025 1. Petitioner applied for appointment on the post of Teacher Level II (Social Studies) under General-EWS (Non-TSP) Category against the vacancies notified vide Advertisement No.13/2022 dated 16.12.2022 (Annx.7). Petitioner has cleared the written examination and after documents verification, he was shortlisted (provisionally) in the merit list dated 27.09.2023 (Annx.9) and thereafter offered appointment to join at District Tonk in the list published on 16.12.2023 (Annx.10) at Serial No.15. However, thereafter vide order dated 24.12.2023 (Annx.12), petitioner was held ineligible for appointment due to facing a criminal trial for [2025:RJ-JP:28917] (2 of 3) [CW-2547/2024] offence under Section 498-A IPC, and has not been given appointment. The order dated 24.12.2023 has been challenged by the petitioner by filing instant civil writ petition under Article 226 of the Constitution of India. 2. Heard counsel for both the parties and perused the material available on record. 3. It appears that as far as candidature of petitioner is concerned, he has already qualified the written examination and has been found in merit as much as has been allotted District Tonk to join service on the post of Teacher Level II. At that point of time, due to matrimonial dispute, one criminal case arising out of FIR No.41/2019 at Police Station Harmada, Jaipur City (West) for offence under Sections 498-A & 406 IPC was pending, hence, in the light of Circular dated 04.12.2019 issued by the Department of Personnel, Government of Rajasthan, petitioner was not held eligible to get appointment and for joining. 4. It has transpired that later on, the matrimonial dispute has been resolved between the petitioner and his wife and the criminal case has been quashed and set aside by the High Court vide order dated 08.01.2025 passed in S.B. Criminal Miscellaneous Petition No.63/2025. The Copy of order dated 08.01.2025, has been placed on record by the petitioner along with additional affidavit. 5. This Court finds that equity lies in favour of the petitioner since vide interim order dated 29.02.2024, a post of Teacher Level II (Social Studies) under the category of petitioner was ordered to be kept vacant. 6. As far as binding effect of the Circular dated 04.12.2019 is concerned, the Coordinate Bench of this High Court in the case of [2025:RJ-JP:28917] (3 of 3) [CW-2547/2024] Neeraj Kanwar Vs. State of Rajasthan & Ors.:S.B.CWP No.9517/2024 decided vide judgment dated 27.03.2025, considered this issue and observed that the circular is in the nature of general guidelines, to be observed by the concerned authorities and the ultimate decision to adjudge the suitability or unsuitability of a candidate has to be taken by the appointing authority by taking into consideration the facts and circumstances of each case. The guidelines, contained in the circular are not to be treated so rigidly as to not even allow for the possibility that a candidate's past, even if marred by being a suspect or under trial, may be outweighed by the subsequent reformation and exemplary behaviour. 7. As an upshot, the writ petition succeeds and is hereby allowed. 8. Petitioner is held eligible for appointment and joining on the post Teacher Level II (Social Studies), pursuant to Advertisement dated 16.12.2022. The impugned order dated 24.12.2023 (Annx.12) is hereby quashed and set aside. 9. Respondents are directed to issue appointment order and allow him to join on the post, preferably within a period of two months. 10. It is made clear that as far as monetary benefits are concerned, petitioner shall be entitled for the same, from the date of appointment/ joining, though for the notional benefits he shall be entitled at par with the candidates, who have been finally selected and given appointment as per merit list dated 27.09.2023. (SUDESH BANSAL),J RONAK JAIMAN/308-S