Rajasthan High Court in the case of Amrit Pal S/o Shri Harbans Singh vs. State of Rajasthan & Ors., S.B. Civil Writ Petition No. 13198/2024, examined the issue of whether an individual can be denied employment due to a pending criminal case. The petitioner challenged a circular that rejected his application for a position as a lower division clerk, citing the pendency of a criminal case against him. The court ruled in favour of the petitioner, holding that such a circular violated the constitutional rights under Articles 14 and 21, which guarantee equality before the law and the right to a fair trial. The court emphasized that the mere existence of a criminal case, especially when the case is pending, cannot be the sole basis for denying employment. It further noted that the breakdown of a marriage, which led to the criminal charges, should not automatically be seen as a fault solely attributable to the petitioner, as there was no conviction. The court referred to its earlier ruling in Mukesh Kumar vs. State of Rajasthan & Ors. [2016 (3) WLC 345], where it held that a pending criminal case alone is insufficient grounds to deny an appointment.
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