1 S.B. Civil Writ Petition No.919/2009 Rajnish. vs. State of Rajasthan & Ors. Date : 6.1.2010 HON'BLE MR. PRAKASH TATIA, J. Mr.Nitin Trivedi, for the petitioner. Mr.Yashpal Khileree, for the respondents. - - - - - Heard. The petitioner has been denied appointment after due selection only on the ground that some criminal case is pending and challan has been filed whereas this Court in the case of Mukesh Kr. Arvind vs. State & Anr. reported in 2008 WLC (Raj.) UC 121 held that on this ground, appointment cannot be denied and that too after considering Rule 16 of the Rules of 2008. In view of the above, since the controversy in issue is covered by the case of Mukesh Kr. Arvind (supra), which is not disputed by learned counsel for the respondents, this writ petition is allowed and the respondents are directed to consider the case of the petitioner for giving appointment to 2 him as GNM if he is otherwise qualified. It is made clear that only this issue has been decided that the petitioner cannot be denied appointment only on the ground of pendency of criminal case. (PRAKASH TATIA), J. S.Phophaliya