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Rajasthan High Court · body

2007 DIGILAW 69 (RAJ)

Rakesh Kumar v. State

2007-01-10

AJAY RASTOGI

body2007
JUDGMENT 1. - With the consent of parties, this writ petition is finally decided at the stage of admission. 2. Petitioner had participated in the process of selection for the post of Constable in pursuance of advertisement dated 14th June, 2005 (Ann. 1) published in the newspaper on 16th June, 2005. 3. This fact remain undisputed that the petitioner undergone a complete process of selection for the post of Constable and his name finds place in the final select list, but he was not given appointment only for the reason that he has concealed the material facts of a criminal case being registered against him while furnishing his application pursuant to advertisement Ann. 1. 4. Respondents in Para 6 of their reply have specifically averred that FIR No. 121/96 was registered, but due to some inadvertence, challan has not been filed against the present petitioner as he was juvenile at the relevant time. In view of specific statement made by the respondents in Para 6 of their reply, this goes without saying that it was never in the notice of the petitioner that FIR was ever registered against him. In addition to it, the petitioner has further filed a document Ann. 4 which too strengthens his submission that no challan was filed against the petitioner in Juvenile Court arising from FIR No. 121/96. In such factual statement which has come on record there could hardly be a grievance which can be raised that he has concealed material facts while submitting application in pursuance of advertisement Ann. 1. 5. Accordingly, the writ petition is allowed and the respondents are directed to consider the case of the petitioner for appointment on the basis of his selection impugned in pursuance of advertisement Ann. 1. Necessary orders in this regard be passed within three months. However, it is made clear that he will be entitled for seniority as per his placement in the select/merit list prepared by the respondents. However, he will be entitled for notional fixation and salary from the date he joins service.Writ Petition Allowed. *******