Rajesh Saran vs Rpsc, Ajmer And Ors
2022 Latest Caselaw 12311 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Second Stay Petition No.15745/2022 In S.B. Civil Writ Petition No. 4617/2017

Rajesh Saran

----Petitioner Versus Rpsc, Ajmer And Ors.

----Respondents

For Petitioner(s) : Mr. H.R. Vishnoi For Respondent(s) : Mr. Khet Singh Rajpurohit Mr. Vikram Singh

HON'BLE MS. JUSTICE REKHA BORANA

Order

14/10/2022

The matter comes upon second stay application with a

prayer for permission to the petitioner to participate in the School

Lecturer (School Education) Examinations, 2022 which are going

to be conducted on 17.10.2022 and 18.10.2022.

It has been submitted by learned counsel for the petitioner

that the criminal proceedings qua which the petitioner had been

debarred by Rajasthan Public Service Commission (R.P.S.C.) for

appearing in the future examinations have now been culminated

into a judgment whereby although he has been found guilty of the

offence but has been granted the benefit of probation by the

Appellate Court. Learned counsel further submitted that looking

into his young age, the said benefit has been granted by the

criminal Court and therefore, now he should be permitted to

appear in the School Lecturer examinations.

(2 of 2) [CW-4617/2017]

Per contra, learned counsel for the respondents submitted

that the petitioner had not been acquitted by the criminal Court

but the conviction has been upheld by the Appellate Court also.

The benefit of probation cannot entitle him to appear in any future

examination.

A perusal of the record shows that the petitioner had been

found guilty of cheating in the examination through a bluetooth

device. The criminal Court has specifically found him guilty and

convicted him for the offence. The examination for which the

petitioner is now seeking permission to appear is of a School

Lecturer. In the opinion of this Court, a person who has been

found guilty for offence of cheating cannot be permitted to appear

in the examination of School Lecturer as it goes to the root of

moral conduct.

Moreover, the present second stay application has been filed

on 13.10.2022 for permission to appear in the examinations to be

conducted on 17.10.2022 and 18.10.2022. The examination

schedule had been declared on 09.09.2022 and the petitioner very

conveniently waited for all this time to file the present second stay

application at the nick of time. Therefore also, this Court is not

inclined to interfere at this stage.

In view of the above observations, the second stay

application is dismissed.

List the writ petition for final disposal on 22.11.2022.

(REKHA BORANA),J 22-AbhishekS/-

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