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1 - 9 of 9 (0.20 seconds)Kendriya Vidyalaya Sangathan & Ors vs Ram Ratan Yadav on 26 February, 2003
'The consideration which may be relevant to the case is of the
antecedents of the candidates. The appointing authority has to focus on
this aspect to arrive at a conclusion whether appointment is to be given to
the candidates or not. The fact that the post to which the applicants seeks
appointments is a post of a teacher which will have some impact on the
minds of the students of impressionable age as held by the Hon'ble
Supreme Court in Ram Ratan Yadav Case (Supra) according to the
respondents also may have to be gone into by the respondents -
respondent when the matter is reconsidered.'
Therefore, it is clear that the job to which the applicant has applied
cannot be ignored while deciding the matter. The jobs like Teacher,
Doctor and Police etc. are jobs which involve a position of responsibility
in the society and the incumbents holding such posts should possess
absolute integrity. A person with criminal antecedents, criminal
background or criminal tendency cannot be considered for appointment
as teachers or as members of disciplined force getting training in arms
and ammunitions.
Section 143 in The Indian Penal Code, 1860 [Entire Act]
Section 147 in The Indian Penal Code, 1860 [Entire Act]
R.P. Kapur vs Pratap Singh Kairon And Others on 9 August, 1961
4. Heard the counsel for the parties and considered the written
submissions made. Applicant would argue that persons involved in cases of
theft, rape, swindling of money or cases of moral turpitude should be kept
away from Government/Public employment. Applicant argues that his
character and morals are not suspect as he is the 16 th accused in the case.
Further the applicant states that he had submitted information of the
pending criminal case in the disclosure form. Applicant cites the case of
R.P.Kapur Vs. Pratap Singh 1964 (1) Cri.LJ 224 wherein the Apex Court
had held that if a FIR has been recorded against a government servant that
he committed a cognizable offence, the truth of the same should be
ascertained in an inquiry or trial by the Criminal Court and till then the
accused is presumed to be innocent. Applicant argues that pendency of a
Criminal Case is no valid ground to hold that he is undesirable to hold the
post of a Teacher.
Section 427 in The Indian Penal Code, 1860 [Entire Act]
Section 448 in The Indian Penal Code, 1860 [Entire Act]
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Section 148 in The Indian Penal Code, 1860 [Entire Act]
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