[2026:RJ-JP:2827] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12906/2020 Ramji Lal Jat S/o Prakash Jat, Aged About 27 Years, R/o Village Gokulpur, Post Singor Kalan, Tehsil Khandar, Distt. Sawaimadhopur (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Home Secretary, Rajasthan Secretariat, Jaipur. 2. The Director General Of Police, Police Head Quarter, Jaipur. 3. Superintendent Of Police, District Sawaimadhopur. ----Respondents For Petitioner(s) : Mr. Mukesh Dudi Mr. Manvendra Singh Choudhary Mr. Himanshu For Respondent(s) : Mr. Somitra Chaturvedi, Dy. GC with Mr. Shubham Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/01/2026 1. Instant Writ Petition is preferred with following prayer:- In these circumstances, it is, therefore, prayed that this Hon'ble Court may be pleased to accept this writ petition and; the impugned Rejection order dated 22.04.2019 to the humble petitioner on the post of Constable (GD) for the reason that humble petitioner had an FIR No. 312/2015 that was been filed against the humble petitioner U/s. 147, 149, 341, 283, 188, 332, 353 and 427 of the IPC and U/s. 3 of the PDPP act for which there is a criminal case bearing Reg. No. 388/2015 that is still pending against the humble petitioner may kindly be declared illegal and arbitrary and therefore, same may kindly be quashed and set aside. ii) by issuing the writ of mandamus, order or direction in the nature thereof respondents may kindly be directed to [2026:RJ-JP:2827] (2 of 4) [CW-12906/2020] a) Consider the joining of humble petitioner for the post of Constable (GD) with all consequential benefits in pursuance to advertisement dated 25.05.2018; iii) Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favour of the petitioner. 2. The facts of the case are that pursuant to advertisement dated 25.05.2018 for recruitment on the post of constable, the petitioner has submitted his application form in the OBC category for District Sawai Madhopur. The petitioner successfully passed the written examination and also the PET/PST, and selected on the post of Constable (GD) at Serial Number 87. 3. The petitioner was denied appointment on the post of Constable (GD) on the ground of pendency of a criminal case, and further, on 22.04.2019, an order of rejection was issued against the petitioner. As per the petitioner, FIR No. 312/2015 was registered at Police Station Ashok Nagar, Jaipur South, under Sections 147, 149, 341, 283, 188, 323, 353 and 427 IPC, and Section 3 of the PDPP Act, for an incident dated 09.10.2015, wherein after filing of charge-sheet, a Criminal Case No. 388 of 2015 was registered. 4. During course of arguments, learned counsel for petitioner submits that the criminal case, arising out of FIR No. 312/2015 PS Ashok Nagar (Jaipur) is withdrawn by the State Government and petitioner was discharged on 06.02.2021 by learned Metropolitan Magistrate No.11, Jaipur Metro. He submits that it is a case of honorable acquittal and petitioner is entitled to be considered for appointment. 5. The petitioner has placed reliance upon the judgment of the Hon’ble Supreme Court in the case of Avtar Singh v. Union of [2026:RJ-JP:2827] (3 of 4) [CW-12906/2020] India (2016) 8 SCC 471, to contend that if a criminal case is trivial in nature, the State authorities are under an obligation to take a lenient view. The petitioner has further placed reliance upon the judgment decided on 14.05.2018 in case of Love Kush Meena Vs. The State of Rajasthan and Ors. (SB CWP No. 8323/2017) and further approved in DB Special Appeal Writ No. 373/2019. The petitioner has also placed reliance upon the judgment dated 12.03.2018, in case of Chetan Jeff Vs. State of Raj. And Ors. (S.B. Civil Writ Petition No. 10250/2008) decided by a Co-ordinate Bench of this Court and further approved in D.B. SAW No. 1479/2018, State of Rajasthan Vs. Chetan Jeff. 6. Learned counsel for the petitioner also placed reliance upon the judgment dated 13.08.2025 in DB Special Appeal (Writ) no. 971/202 , Babbal Singh Vs. State of Rajasthan and also judgment dated 29.08.2005 in DB Special Appeal (Writ) No. 732/2022, Shaitan Lal Kurach Vs. State of Rajasthan and Ors., decided by a Division Bench of this Court and other connected matters. 7. Considering aforesaid facts and circumstances, it is appropriate to dispose of the writ petition in light of the ratio laid down in case of Shaitan Lal Kurach Vs. State of Rajasthan and Ors. (supra) and Babbal Singh (Supra), as a criminal case registered against petitioner was withdrawn under Section 321 of CPC. 8. In view of the discussion made hereinabove, the writ petition is hereby partly allowed, and communication dated 21.12.2018 and 22.04.2019 (annexure-1) qua petitioner is hereby quashed [2026:RJ-JP:2827] (4 of 4) [CW-12906/2020] and set aside. The respondents are directed to re-examine the case of the present petitioner for appointment to the post of Constable (GD), 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 60 days to the Superintendent of Police, Sawai Madhopur. The Superintendent of Police, Sawai Madhopur, shall consider and decide the representation within a further period of 30 days from the date of receipt of copy of this order, in accordance with law as discussed herein-above. 9. If the petitioner is found eligible for appointment on post of Constable (GD) then same be accorded (strictly in order of merit) with notional benefits as directed by the Division Bench of this Court in aforementioned case. 10. The present writ petition with pending application, if any, stands disposed of. 11. No order as to costs. (ASHOK KUMAR JAIN),J MONU /100