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2025 DIGILAW 625 (RAJ)

Pradeep Kumar v. State of Rajasthan

2025-03-06

ARUN MONGA

body2025
ORDER : ARUN MONGA, J. 1. The petitioner, who is an aspirant to become Constable, pursuant to an advertisement dated 03.08.2023 (Annex.1) is before this Court to accord him appointment with all consequential benefits. 2. The case pleaded by the petitioner succinctly speaking is that he had participated in the selection process pursuant to the advertisement dated 03.08.2023 (Annex.1) in the Category of OBC-Non Creamy Layer and as per the result declared by the recruitment agency, he was at S.No.45 of the merit list of provisionally selected candidates. However, when the final list of selected candidates was published, the petitioner’s name was not found on the same. Upon his approaching the respondents, nothing has been conveyed to him in writing as to why his candidature has not been put on the list of the selected candidates despite the other candidates, who are lower in merit, having been given the advantage of their performance by allowing him to steal a march over the petitioner. 3. Having seen the contents of the petition and after hearing the arguments of learned counsel for the petitioner, even this Court is left nonplussed since no reasons have been conveyed to the petitioner qua rejection of his candidature. 4. In the premise, subject to the verification that he has indeed secured more marks than the last selected candidate in the category he had applied, one post in question, subject to vacancy available as on today, shall be kept vacant for a period of 30 days, during which the petitioner shall be conveyed the reasons of his non-selection, be it eligibility or otherwise being not meritorious. In case, after verification, it is found that his name was wrongly not published in the list of selected candidates, remedial measures shall be taken qua the same. 5. The writ petition stands disposed of accordingly. 6. In the parting, I may hasten to observe here that the petitioner’s apprehension, though not conveyed to him in writing, is that his candidature was rejected on account of a past FIR registered against him under Sections 380, 447 and 427 of IPC, wherein after investigation it was found that allegations are false and a negative final report was submitted by the Investigating Agency. The said FIR is technically still pending as the closure report submitted by the Investigating Agency is yet to be rejected by the competent court. The said FIR is technically still pending as the closure report submitted by the Investigating Agency is yet to be rejected by the competent court. Be that as it may, if the aforesaid is the reason, speaking order be passed as to how can petitioner be held not eligible merely because the closure report has not been accepted by the competent court of law. 7. All pending application (s), if any, shall also stand disposed of.