Petitioner sought joining for a post as Teacher despite refusal by the State due to pending criminal cases involving offenses of moral turpitude. The Court dismissed the petition, relying on a coordinate bench that upheld refusal to accept candidates facing trial for such offenses.
Writ petition dismissed; stay application disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:25329]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 1758/2019
Sunil Kumar S/o Shri Heera Ram, Aged About 32 Years, R/o Vpo Bhikamkor, Tehsil Osian, District Jodhpur, Rajasthan.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Kailash Jangid |
|---|---|
| Mr. Anil Bishnoi | |
| For Respondent(s) | : Mr. Pankaj Sharma, AAG with |
| Mr. Deepak Chandak |
JUSTICE DINESH MEHTA
Order
10/08/2023
[2023:RJ-JD:25329]
[CW-1758/2019]
(2 of 3)
So far as the submissions regarding not providing opportunity of hearing is concerned, it is not in dispute that the reason, for which, the petitioner’s
(3 of 3)
[2023:RJ-JD:25329]
[CW-1758/2019]
candidature has been rejected, is correct i.e. he is facing trial. In that view of the matter, nonissuance of notice to the petitioner, cannot be taken as a valid ground for interfering in the order impugned.
Consequently, there is no substance in the writ petition, the same is, therefore, dismissed.”
(DINESH MEHTA),J
234-AbhishekS/-
2 issues framed by the court
Whether a petitioner facing trial for offences involving moral turpitude can be stopped from joining a state service appointment.
Whether the State's refusal to issue joining letters, citing pending criminal proceedings involving moral turpitude, is maintainable as a writ petition.
Colour shows how this judgement treated each authority
Anop Singh Godara Vs. State & Ors.Followed¶4
Anop Singh Godara Vs. State & Ors.; S.B. Civil Writ Petition No.5704/2022
Imtiyaj AliReferred¶25
Imtiyaj Ali (surpa)
Sunil Kumar
State Of Rajasthan
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
