The Rajasthan High Court recently ordered the State to confirm a woman’s appointment in the Rajasthan Administrative Service (RAS), which had been declined earlier due to the pendency of a criminal case registered against her by her husband [Neeraj Kanwar v. State of Rajasthan].
Justice Arun Monga found that the First Information Report (FIR) against the petitioner-candidate pertained to a matrimonial dispute and that she had disclosed it in her information form.
The Court observed that all along, the authorities did not raise any objection whatsoever to her eligibility and suitability for the appointment.
It rejected the State’s argument that the job advertisement had made it clear that if a candidate was facing trial for any criminal case, she would be ineligible for appointment.
“The respondents have not shown any prescription under the relevant statutory recruitment rules for automatic ineligibility of a candidate if any criminal case against her was under trial in the court,” it reasoned.
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