- (1.) WITH taking of the requisite steps and filing of the requisite courts fees stamp, the defects as pointed out by the Office stand cured.
(2.) WE have heard the learned counsel for the appellant and perused the material placed on record. The appellant filed a writ petition seeking directions against the respondents to allow him to join the service on the post of Teacher Gr.II in the subject of Social Science pursuant to the alleged appointment order dated 07.10.2011. The learned Single Judge of this Court, however, declined to exercise the writ jurisdiction in this matter with a short order that reads as under:- "Heard learned counsel for the petitioner. In the present writ petition, petitioner is seeking direction to the respondents to allow the petitioner to join on the post of Teacher Gr.II in the subject of Social Science in pursuance of appointment order dated 07.10.2011. Admittedly, appointment has been denied on the ground that a criminal case under Section 8/18 NDPS Act in FIR No. 62/2006 was registered against the petitioner in which after filing challan, trial is pending in the court. In view of the fact that criminal case of serious offence under N.D.P.S. Act is pending against the petitioner, I am not inclined to interfere in this writ petition. Hence, this writ petition is dismissed." Seeking to challenge the order aforesaid, the learned counsel for the appellant submits that the learned Single Judge has been in error in dismissing the writ petition only on the ground that a criminal case has been registered against the appellant. It is submitted that mere pendency of a criminal case cannot be considered as a bar in appointment to the post in question. It is moreover submitted that under the Rajasthan Education Subordinate Service Rules, 1971, even conviction is not of an absolute bar in employment. The submissions, in our opinion, do not make out a case for issuance of a writ as prayed for. Admitted position remains that a criminal case of serious nature, pertaining to the offence under Section 8/18 of the Narcotic Drugs & Psychotropic Substances Act was registered against the petitioner in FIR No. 62/2006; and therein, after investigation, challan has been filed and the trial is pending. Looking to this fact situation, the learned Single Judge cannot be faulted in declining to exercise writ jurisdiction in this matter. The involvement of the appellant in such a serious nature offence and employment on the post of Teacher Gr. II stand, to say the very least, at stark contradiction.
(3.) THE appeal fails and is, therefore, dismissed.;