RAVI SHEKHAR S/O SHRI MAHAVEER PRASAD v. STATE OF RAJASTHAN
CW/9855/2021 · 2026-01-29
Ashok Kumar Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18168 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18168 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:4180] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9855/2021 Ravi Shekhar S/o Shri Mahaveer Prasad, Aged About 30 Years, Resident Of Tilak Nagar, Near Jat Hostel, Ward No. 24, Ratangarh, District Churu-331022 (Raj.) ----Petitioner Versus
1. State Of Rajasthan, Through The Additional Chief Secretary, Home Department, Government Secretariat, Jaipur
2. The Principal Secretary, Department Of Personnel, Government Secretariat, Jaipur (Raj.)
3. Director General Of Police, Rajasthan, Lalkothi, Behind Nehru Palace, Jaipur
4. The Superintendent Of Police, Recruitment And Promotion Board, Rajasthan, Jaipur, Police Headquarter, Lal Kothi, Behind Nehru Palace, Jaipur ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad with Mr. Iliyas Khan For Respondent(s) : Mr. Somitra Chaturvedi, Dy. GC with Mr. Munendra Fauzdar HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 29/01/2026
1. The instant writ petition is preferred by petitioner with following prayer:
“1. The impugned order dated 19.07.2021 by which the humble petitioner has been rendered ineligible for appointment to the post of Sub-Inspector/Platoon Commander may kindly be quashed and set aside and accordingly the respondents may be
directed
to
issue
an appointment order in favour of the
[2026:RJ-JP:4180] (2 of 4) [CW-9855/2021] humble petitioner on the post of Sub-Inspector/Platoon Commander with all consequential benefits with effect from the date the person with less merit than the humble petitioner in his category are given appointment in pursuance of the advertisement dated 05.10.2016, in the interest of justice.
2. Any other relief which this Hon’ble Court may deem fit and proper
in
the
facts
and circumstances of the case, may also kindly be passed in favour of the petitioner.”
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 parties and also perused the material placed on record.
4. The issue pertains to recruitment on the post of Sub- Inspector/Platoon Commander wherein the petitioner was denied appointment on the ground that he was involved in a criminal case and this fact was mentioned by the petitioner while filling up the application form.
5. An identical issue was considered by the Division Bench of this Court in the case of Babbal Singh Vs. State of Rajasthan : DB Special Appeal (Writ) No. 971/2022, and also in judgment dated 29.08.2025 in case of Shaitan LaL Kurach Vs. State of
[2026:RJ-JP:4180] (3 of 4) [CW-9855/2021] Rajasthan and Ors. : DB Special Appeal (Writ) No. 732/2022, and other connected matters.
6. The facts of the case indicate that pursuant to advertisement dated 05.10.2016 and further corrigendum dated 23.08.2019 for recruitment on post of Sub-Inspector/Platoon Commander organized by RPSC, the present petitioner was selected in both written and physical examination. After character verification, the petitioner was not found as fit due to a criminal case registered against the present petitioner and he was declared ineligible for appointment on post of Sub-Inspector/Platoon Commander vide
order dated 19.07.2021 (Annexure-10).
7. The petitioner has filed judgment dated 13.08.2019 in Sessions Case No.330/2015 (CIS No.590/2015) passed by learned Additional Sessions Judge (Woman Atrocity Cases) No.2, Jaipur Metropolitan whereby the present person was acquitted from charge under Section 366 and 376/511 IPC as prosecutrix has turned hostile and not supported the case of prosecution. This sessions case was registered after filing of charge-sheet in FIR No.106/2015 registered at Jaipur through a compliant filed before the Metropolitan Magistrate, Jaipur Metropolitan.
7. Considering the material placed on record and also the ratio as laid down by the Division Bench of this Court in case of Shaitan LaL Kurach Vs. State of Rajasthan and Ors. (supra) and Babbal Singh Vs. State of Rajasthan (supra), it is appropriate to dispose of the writ petition with liberty to the petitioner to submit a representation with direction to the
[2026:RJ-JP:4180] (4 of 4) [CW-9855/2021] respondent(s) to examine the case of present petitioner in light of ratio laid down in aforementioned cases.
8. In view of discussion made hereinabove, the writ petition is hereby allowed and latter dated 19.07.2021 (Annexure-10) is hereby quashed. The petitioner is directed to submit a representation within a period of 30 days from date of receipt of copy of this order with all relevant details including copy of charge-sheet, record relating to prosecution evidence and
judgment for examination by respondent(s) for applicability of ratio as laid down in cases of Shaitan LaL Kurach Vs. State of Rajasthan and Ors. (supra) and Babbal Singh Vs. State of Rajasthan (supra).
9. If respondent(s) finds that the ratio is applicable upon the
facts as claimed by the petitioner then the respondent(s) shall consider to grant benefits as directed by the Division Bench of this Court in aforementioned cases, in particular, appointment on the above mentioned post. Entire exercise to be completed within a period of 90 days from date of receipt of representation. 10 . The present writ petition with pending application, if any, stands disposed of.
11. No order as to costs.
(ASHOK KUMAR JAIN),J MR/23