2 weeks Ago
Jaipur: The principal seat of Rajasthan High Court in Jodhpur has directed the state govt to confirm the appointment of a woman selected for the Rajasthan Administrative Service (RAS) whose job offer was withheld because of a criminal case filed against her by her husband. Justice Arun Monga, in a judgment uploaded Friday, ruled that the condition in the job advertisement disqualifying candidates facing a criminal trial was legally flawed. The case involved petitioner Neeraj Kanwar who cleared the RAS exam conducted in 2023.
Though she was selected, she was not issued an appointment letter in 2024 due to an FIR lodged in 2020 by her late husband. Advocate Mayank Roy, one of the advocates who represented the petitioner, said the court observed that the case arose from a matrimonial dispute and did not involve charges of moral turpitude. It noted Kanwar disclosed the FIR in her verification form, and the recruitment board did not raise any concerns about her eligibility at any stage during the selection process.
The court found no rule under the recruitment laws that automatically disqualifies a candidate if a criminal case is pending. It criticised the clause in the 2021 advertisement that barred such candidates from appointment, stating that it was not backed by any statutory provision and should be ignored. Justice Monga said the employer must make a reasoned decision based on the nature of the offence, its relevance to the post, and whether it affects the candidate's suitability.
In Kanwar's case, the court found that there was no such objective assessment by the competent authority. The court concluded that denying her appointment merely due to the FIR was arbitrary..
