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2025 DAILYLAW 49195 (RAJ)

AJAY SINGH SON OF SHRI RAM SINGH v. STATE OF RAJASTHAN

CW/9411/2021 · 2025-12-18

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:51631] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9411/2021 Ajay Singh Son Of Shri Ram Singh, Aged About 40 Years, Resident Of Village Chirooni Post Pipli, Tehsil Mundawar, District Alwar (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Department Of Home, Through Its Secretary, Govt. Secretariat, Jaipur (Raj.) 2. Director General Of Police, Police Head Quarter, Lalkothi, Jaipur (Raj.) 3. Inspector General Of Police (Recruitment), Police Head Office, Rajasthan, Jaipur (Raj.) 4. Commissioner Of Police, Commissionrate, Jaipur (Raj.) ----Respondents For Petitioner(s) : Mr. Bajrang Sepat for Ms. Komal Kumari Giri For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 18/12/2025 1. Instant writ petition is preferred by petitioner with following prayer: “It is, therefore, most respectfully prayed that your lordship may graciously be pleased to admit and allow this Writ petition and - (i). Issue a writ order or direction in the nature thereof thereby quashed and set aside the rejection list dated 17.08.2021 qua the petitioner and the non petitioners may kindly be directed to produce the entire record before this Hon'ble Court. [2025:RJ-JP:51631] (2 of 4) [CW-9411/2021] (ii) Issue a writ order or direction in the nature thereof thereby the respondents may kindly be directed to allow the petitioner to join his duty on the post of constable General in compliance of final -selection list dated 27.05.2021 in pursuance of advertisement dated 04.12.2019 in the larger interest of justice. (iii)Issue any other writ order or direction, which this Hon'ble Court deems fit and proper, may kindly be passed in favour of the petitioner. (iV)Cost of the writ petition be also awarded in favour of the petition.” 2. Learned counsel for petitioner while referring and relying upon judgment dated 13.08.2025 in D.B. Special Appeal (Writ) No.971/2022 titled as “Babbal Singh Vs. State of Rajasthan & Ors. submits that the controversy and the issue raised herein is already settled by a Division Bench of this Hon’ble Court. He further submitted that instant writ petition be disposed of in accordance with aforesaid order. 3. Considered the submissions of the learned Counsel for the Petitioner and also perused the reply filed by the respondents. 4. The issue pertains to recruitment on the post of Constable, wherein the petitioner was denied appointment on the ground that he was involved in a criminal case. 5. Learned Counsel for the Petitioner, while referring to Annexure-5, a copy of the judgment dated 19.06.2008 passed by the Learned Additional Sessions Judge, Fast Track, Kishangarhbas District Alwar in Sessions Case No.6/2008, arising out of an FIR registered at Police Station Mundawar, District Alwar, submitted that the present petitioner was [2025:RJ-JP:51631] (3 of 4) [CW-9411/2021] acquitted of the charges under Sections 498-A and 304- B/120-B IPC, as there was no evidence against him. The judgment clearly indicate that the present petitioner was cleanly acquitted. 6. An identical issue was considered by the Division Bench of this Court in the case of DB Special Appeal (Writ) No. 971/2022, Babbal Singh Vs. State of Rajasthan and also in judgment dated 29.08.2005 in DB Special Appeal (Writ) No. 732/2022, Shaitan LaL Kurach Vs. State of Rajasthan and Ors. and other connected matters. 7. Considering the material placed on record, the respondents are duty-bound to consider the candidature of a petitioner who has been cleanly acquitted in a criminal case. Therefore, the writ petition is liable to be disposed of on the basis of the ratio laid down in cases of Shaitan LaL Kurach Vs. State of Rajasthan and Ors. (supra) and Babbal Singh Vs. State of Rajasthan (supra). 8. In view of the discussion made hereinabove, the writ petition is hereby partly allowed and the rejection order dated 17.08.2021 is hereby set aside qua present petitioner. The respondents are directed to re-examine the case of the present petitioner for appointment to the post of Constable, in light of the judgment referred hereinabove. The petitioner is at liberty to submit a fresh representation along with a copy of this order within a period of 30 days to the respondent Nos. 3 and 4. The respondent Nos. 3 and 4, shall consider and decide the representation within a further [2025:RJ-JP:51631] (4 of 4) [CW-9411/2021] period of 30 days from the date of receipt of copy of this order, in accordance with law as discussed hereinabove. 9. If the petitioner is found eligible for appointment on post of Constable then same be accorded with notional benefits as directed by Division Bench of this Court in aforementioned cases. 10. The present writ petition with pending application, if any, stands disposed of. 11. No order as to costs. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /523