#characterverification

[seemabhatnagar]

"Widow's Merit Denied: High Court Intervenes Against Appointment Block Due to Marital Dispute Case'

#widow

➡️The petitioner, Neeraj Kanwar, a widow, passed the RAS Combined Examination 2021-22 but faced withheld appointment due to a pending criminal case (FIR filed by her late husband regarding a matrimonial dispute). Despite disclosing the FIR, the respondents cited a condition disqualifying candidates with pending criminal trials. Interim protection from the High Court resulted in a provisional appointment order during the writ petition's pendency.

#pendingcriminalcase

➡️There were three fold legal issue

🔹Can a candidate’s appointment be denied solely due to a pending criminal case from a matrimonial dispute, despite truthful disclosure and no offences involving moral turpitude?

🔹Is automatic disqualification for candidates with pending criminal trials, as stated in the advertisement, legally valid?

🔹Did the appointing authority properly evaluate the case facts, offence nature, and petitioner’s suitability under Supreme Court guidelines and their circular?

#matrimonialdispute

➡️The Petitioner's contention was

🔹Disclosed the pending FIR truthfully.

🔹Alleged offences are trivial & matrimonial, and lack moral turpitude.

🔹No written reasons were given for withholding her appointment, violating natural justice.

➡️Respondents failed to assess her suitability objectively as per the circular.

Candidates with lower merit were appointed.

🔹The Respondents rebutted stating

🔹Petitioner's pending criminal case led to a final report and trial.

🔹Circular (04.12.2019) and advertisement condition disqualify her due to the trial.

🔹Review committee deemed her unsuitable.

🔹Employer can evaluate suitability based on criminal cases.

🔹No obligation to disclose reasons for withholding the appointment.

#moralturpitude

➡️The High Court observed that the petitioner truthfully disclosed the criminal case.

🔹Principles from Avtar Singh v. Union of India require objective evaluation of offence nature and moral turpitude.

🔹Respondents failed to show objective consideration of case facts and suitability, while their claim of review committee findings lacked evidence.

🔹Natural justice required written reasons for withholding appointment; alleged offences stemmed from matrimonial discord and lacked character flaws.

🔹The court favored a reformative approach, emphasizing proportionality and distinguishing minor offences from serious crimes.

➡️The court allowed the writ petition, directing the petitioner’s appointment based on merit, subject to the pending criminal case and an undertaking. If acquitted or discharged, she will receive all benefits.

➡️Case Neeraj Kanwar v. The State of Rajasthan & 2 others

WP 9517/2024

Court Rajasthan High Court at Jodhpur

Bench Hon'ble Mr Justice Arun Monga J

➡️Stay connected for more such #legalinsights #legalassistance #documentdrafting #legalupdates #significntrulings from #SC & #HCs of India.

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