Pendency Of Section 498A IPC Case Cannot Bar Appointments: Rajasthan HC Relief To Candidate
The Court allowed the petition, directing the issuance of an appointment letter within 30 days, subject to the trial's outcome. An interim order had kept one post vacant in the selection process.

The Rajasthan High Court granted relief to a man by directing his appointment as a Lower Division Clerk, holding that the pendency of a criminal case under Section 498A IPC cannot disqualify a candidate from government service. The court emphasized that such disqualification violates the principles of natural justice and fairness.
The petitioner applied for the post of Lower Division Clerk in 2013 and successfully completed the recruitment process. However, his appointment was denied due to the pendency of a criminal case under Section 498A IPC. The rejection was based on a circular barring candidates with pending criminal cases from government service. The petitioner has challenged the rejection and the adverse report, seeking their quashing and directions for his appointment.
Justice Arun Monga stated, "At the time of the job advertisement, no trial proceedings were pending. The respondent’s delay deprived the petitioner of a rightful appointment. In any case, pending criminal trial, unless of course proven guilty by way of conviction, cannot bar appointments."
Additionally Court Stated, “The action of respondents infringes upon the petitioner’s rights under Articles 14 and 21 of the Constitution, denying equal treatment and personal liberty without a fair trial. Moreover, failure to apply the Supreme Court's guidelines in Avtar Singh (Supra) regarding pending criminal cases indicates nothing else but a flawed decision-making on the part of the respondents.”
Advocate Surendra Thanvi appeared for the petitioner, while Advocate Kuldeep Vaishnav, Government Counsel represented the respondent.
Fact of the Case
The petitioner applied for the post of Lower Division Clerk in 2013. However, the recruitment process faced delays, and during this period, a criminal case under Section 498A IPC was registered against the petitioner. In 2024, the petitioner’s appointment was rejected, citing the pendency of the case and the provisions of a circular that bars candidates with pending criminal cases from government service.
Court's Reasoning
The Court pointed out, "For the reasons recorded in the preceding part of the order, the petition is allowed. By way of interim order, one post was directed to be kept vacant for the petitioner in the selection process. The respondents are directed to issue an appointment letter to the petitioner, upon his approaching them with the web print of the instant order, within 30 days thereof, subject to the final outcome of the pending criminal trial. The petitioner shall also give an undertaking that in case he is convicted in the criminal trial, he shall not claim any equity on the basis of the instant order."
Cause Title: Amrit Pal v State Of Rajasthan & Ors.
Appearance:
Petitioner: Advocate Surendra Thanvi
Respondent: Advocate Kuldeep Vaishnav, Government Counsel
Click Here to Read/Download the Order