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2021 DIGILAW 1207 (RAJ)

Puran Mal v. State Of Rajasthan

2021-07-26

INDERJEET SINGH

body2021
JUDGMENT 1. Heard on the applications filed on behalf of the respondents under Article 226(3) of the Constitution of India for vacation of the interim order dated 05.04.2021. 2. This writ petition has been filed by the petitioner with the following prayers:- "In these circumstances it is therefore prayed that this Hon'ble Court may be pleased to accept this writ petition and :- (D.B. SAW/538/2021 has been filed in this matter. Please refer the same for further orders) (i) the impugned action of the respondent RSSB to proceed with the declaration of the final result in pursuance to provisional result dated 11.11.2020 of Librarian Grade-III without waiting for the final conclusion of fair investigation to be done by Special Operation Group (SOG), Jaipur may kindly be declared illegal and arbitrary and same may kindly be quashed and set aside; (ii) The respondents may kindly be directed by issuing appropriate, writ, order or direction in the nature thereof: (a) the investigation of SOG may kindly be monitored by this Hon'ble Court in regard to paper leakage of Librarian Gr.III Examination conducted on 19.09.2020; (b) the Rajasthan Staff Selection Board may kindly be restrained from declaration of the final result and create third party rights; (c) the record of the investigation by SOG may kindly be directed to be placed before this Hon'ble Court; (d) the examination conducted on 19.09.2020 of Librarian Gr.III may kindly be quashed and set aside being vitiated on account of leakage of question paper. (iii) Any other appropriate order or direction which the Hon'ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favour of the petitioner." 3. This court on 05.04.2021 passed the following order:- "The matter comes up on second stay application, filed by the petitioners, wherein prayer has been made to stay the effect and operation of the final result dated 25th March, 2021, issued by the respondent - Rajasthan State Staff Selection Board for making appointments on the post of Librarian Grade-III and the respondents may be restrained to make appointments on the post of Librarian Grade-III in pursuance of final result dated 25th March, 2021. This Court had directed learned counsel for the petitioners to serve copy of petition in the office of Mr.Ganesh Meena, AAG. Mr.Ganesh Meena, AAG has appeared today. This Court had directed learned counsel for the petitioners to serve copy of petition in the office of Mr.Ganesh Meena, AAG. Mr.Ganesh Meena, AAG has appeared today. Learned counsel for the petitioners submitted that selection process, undertaken by the respondent - Rajasthan (D.B. SAW/538/2021 has been filed in this matter. Please refer the same for further orders) State Staff Selection Board, suffers from serious illegalities and the petitioners have specifically pleaded in the writ petition that irregularities and illegalities, so committed, are subject matter of investigation before the Special Operations Group (SOG). Learned counsel for the petitioners submitted that the petitioners have also placed on record the notices, issued by SOG to the different candidates, with regard to the manipulation, cheating and illegalities, committed in the selection process. Learned counsel for the petitioners submitted that SOG has not yet completed the investigation and in spite of such stage of investigation, the respondents are determined to issue appointment orders in favour of the selected candidates. Learned counsel for the petitioners submitted that selection for the post of Librarian Grade-III was initially undertaken in the year 2018 and later on, the same was cancelled due to leakage of paper and other illegalities, committed by the respondents. Learned counsel for the petitioners submitted that in the present selection process, which was undertaken, again several candidates were provided answer- sheet on their mobile phone before commencement of written examination. Learned counsel further submitted that there is, prima facie, evidence available with respect to selection of certain candidates of a particular District and from a particular community and as such, there are certain people, who are acting as a gang in leakage of paper and cheating in the examination paper in several recruitments, including for the post of Librarian Grade-III. Learned counsel for the petitioners submitted that the Apex Court in the case of Sachin Kumar & Ors. v. Delhi Subordinate Service Selection Board (DSSSB) & Ors. (Civil Appeal Nos.639- 640/2021 @ SLP (C) Nos.5785- 5786/2020), vide its judgment dated 3rd March, 2021 has laid down the law that if recruitment process involves irregular and illegalities, the right of fair selection should not be denied to the other candidates and the entire recruitment should be annulled. (D.B. SAW/538/2021 has been filed in this matter. (Civil Appeal Nos.639- 640/2021 @ SLP (C) Nos.5785- 5786/2020), vide its judgment dated 3rd March, 2021 has laid down the law that if recruitment process involves irregular and illegalities, the right of fair selection should not be denied to the other candidates and the entire recruitment should be annulled. (D.B. SAW/538/2021 has been filed in this matter. Please refer the same for further orders) Learned counsel for the petitioners submitted that in case, the respondents are permitted to give effect to the order dated 25th March, 2021 and selected candidates are appointed, the very purpose of filing writ petition will be frustrated and ineligible candidates will get entry in the service. Learned Additional Advocate General Mr. Ganesh Meena submitted that he has called the Investigating Officer - Mr. Rajesh Malik, Dy.SP, SOG, Jaipur, conducting investigation in the matter. The Investigating Officer, who is present in the Court, submitted that notices have been issued to certain candidates with respect to leakage of paper and information with respect to use of a particular mobile phone is also being investigated. The Investigating Officer submitted that at least, one month's time will be required for conducting preliminary investigation into the entire incident and as such, time is sought on their behalf to conduct investigation. Mr. Ganesh Meena, Additional Advocate General submitted that though the matter is sub-judicie before the SOG, however, the respondent-Department only seeks permission of this Court to verify documents of the candidates, who have finally been selected and declared pass in the result dated 25th March, 2021. Mr. Ganesh Meena, Additional Advocate General submitted that the Department may not give final appointment to the selected candidates, however, verification of documents and antecedents of the candidates will save time and as such, public employment will be offered to selected candidates. Mr. Nalin G. Narain, Additional Government Counsel, appearing on behalf of the Rajasthan State Staff Selection Board, submits that since there was no bar or any direction to the authority to consider final result of the candidates, who have been selected, hence the Rajasthan State Staff Selection Board, has already declared final result and has sent result to the appointing authority. Learned Additional Government Counsel submitted that the Rajasthan State Staff Selection Board has not (D.B. SAW/538/2021 has been filed in this matter. Please refer the same for further orders) committed any illegality and as such, their action is absolutely fair. Learned Additional Government Counsel submitted that the Rajasthan State Staff Selection Board has not (D.B. SAW/538/2021 has been filed in this matter. Please refer the same for further orders) committed any illegality and as such, their action is absolutely fair. I have considered the submissions made by learned counsel for the parties and perused the material available on record. This Court finds that the matter is still sub-judicie before the SOG and investigation will also take some time. This Court, prima facie, finds that if final result dated 25th March, 2021 is given effect and the candidates, who have been selected, are appointed, not only the right of petitioners will be affected but also the illegalities, doubted by the investigation agency, may also be perpetuated. This Court finds that earlier selection for the post of Teacher Grade-III, conducted by the Rajasthan State Staff Selection Board, was also having series of problems, leakage of paper and other serious irregularities and as such, illegalities were rectified by the Board itself by cancelling the selection. This Court cannot permit such illegalities to be perpetuated again. Accordingly, this Court restrains the respondents from giving effect to the order dated 25th March, 2021 and to appoint any candidate in pursuance of the order dated 25th March, 2021 till the next date of hearing. This Court also directs the Special Operations Group and its investigation team to expedite the investigation in the present case, as the matter relates to appointment of several candidates on the post of Librarian Grade -III. This Court is giving said direction as final sections have not been made since 2018. Let this case be listed on 6th May, 2021. The second stay application stands disposed of accordingly." 4. In pursuance to the order dated 05.04.2021, the additional affidavit of Mr. Rajesh Malik, Deputy Superintendent of Police, S.O.G. Rajasthan, Jaipur has been filed with regard to investigation done by them in the present matter and in para Nos.6 to 9, it has been stated as under:- (D.B. SAW/538/2021 has been filed in this matter. Please refer the same for further orders) "6. That the complainants had provided screenshots of whatsapp alleging that answers had been leaked prior to holding of the examination, however on examining the screenshots there was no consistency found with regard to the time at which the screenshots had been taken. Please refer the same for further orders) "6. That the complainants had provided screenshots of whatsapp alleging that answers had been leaked prior to holding of the examination, however on examining the screenshots there was no consistency found with regard to the time at which the screenshots had been taken. Further, no evidence was found regarding the date and time on which the alleged screenshots were made viral. A perusal of the screenshots also could not establish who had germinated and circulated the screenshots. Therefore, the origination of the alleged leakage of question paper through screenshots could not be identified. During the investigation, taking note of the allegations it transpired that certain candidate who were unable to qualify in the examination in question had attempted to vitiate the examination process by making such screeshots viral by tampering the date and time in the mobile devices, attempting to fuel the narrative that the leakage had occurred prior to the examination. Due to the inconclusive nature of allegations and the evidence that has come on record pursuant to investigation, no conclusive proof could be deduced to establish beyond reasonable doubt the fact that any irregularly/illegality as alleged has indeed occurred during the holding of the examination. 7. That in furtherance of the investigation SOG enquired and recorded statements of certain candidates against whom allegations had been levelled regarding illegality/irregularity. The names of the candidates are as under:- (1) Praveen, (2) Manohar, (3) Prabhuram Vishnoi, (4) Smt. Sheela Vishnoi During their interrogation no incriminating or conclusive evidence /document could be ascertained pointing towards commission of illegality or involvement of the stated candidates in any wrongdoing in the examination held for the post of Librarian Grade-III. 8. That it is submitted that on thorough investigation no conclusive proof has been found substantiating the allegations made by the complainants or otherwise indicating any malpractice/foul-play/illegality/ irregularity had been committed in the (D.B. SAW/538/2021 has been filed in this matter. Please refer the same for further orders) recruitment conducted by the Rajasthan Staff Selection Board for the post of Librarian Grade-III. 9. That from a perusal of facts narrated above, it is apparent that pursuant to investigation SOG has not been able to detect any malpractice in the recruitment process and therefore the allegations levelled by the complainant/petitioners were found to be without any basis." 5. 9. That from a perusal of facts narrated above, it is apparent that pursuant to investigation SOG has not been able to detect any malpractice in the recruitment process and therefore the allegations levelled by the complainant/petitioners were found to be without any basis." 5. I have considered the arguments raised on behalf of the parties and also perused the record. 6. The interim order passed by this court dated 05.04.2021 deserves to be vacated for the reason that the S.O.G. has conducted thorough investigation in this matter and as many as statement of 45 persons have been recorded during investigation and on the basis of the material collected and statements recorded, the S.O.G. has found that no malpractices have taken place in the present recruitment process held for the post of Librarian Grade-III, which has been explained in the additional affidavit, more particularly in paras 6 to 9 and after going through the same in my view, the interim order dated 05.04.2021 deserves to be vacated. 7. Accordingly, the respective applications filed on behalf of the respondents under Article 226(3) of the Constitution of India for vacation of interim order dated 05.04.2021 are allowed and the interim order dated 05.04.2021 is hereby vacated. 8. The application for calling the report of S.O.G. shall be considered at the time of final disposal of the writ petition. 9. List this writ petition for final disposal.