MAHESHWARI,J. - (1.) RELEVANT facts and background aspects: The petitioner belonging to the category of Scheduled Tribe in Dungarpur District offered his candidature pursuant to the advertisement dated 14.10.2010 (Annex.1) for the different posts of Constable. The petitioner qualified in the written examination and was called for physical test and his name appeared in the select list dated 27.6.2011 at Serial No.191 and his name also appeared in Dungarpur GD Merit-List at Serial No.76. The petitioner having not been issued the appointment order, sought information under the Right to Information Act whereupon he was informed by the communication dated 25.11.2011 as under: JUDGEMENT_339_RAJLW1_2013image1.jpg
(2.) THE petitioner has filed this writ petition that he is unnecessarily being denied the right of appointment though he has not concealed any fact. It is submitted that his name appeared in one criminal case in FIR No.59/2011 lodged on 21.3.201 for offence under Sections 341, 323/34 IPC but therein, the Investigating Officer did not find any kind of crime committed by the petitioner, and challan was filed only against other persons but not the petitioner. The petitioner submits that when he has not been involved in any criminal case on the date of filing of the application and even in relation to the FIR where his name occurred, he has not been charge-sheeted, there was no reason that he was not being offered the appointment. Several decisions of the Hon'ble Supreme Court and this Court have been referred in the petitioner to submit hat right of appointment cannot be declined for mere suggestion about involvement in criminal case. It is submitted that in his case, the petitioner has not even been involved in any case nor has he concealed any fact. Preliminary hearing in the first session
(3.) THIS writ petition has been taken up for consideration with the other matters involving somewhat akin issues relating to the recruitment to the post of Constable. Some of these matters on Board were heard yesterday and, in continuity, all the matters have been placed on Board today. Though some common legal issues have been raised by different counsel appearing in the matters but the facts concerning each individual case have also been noticed.;