Govind Kumar S/o Peeraram v. State of Rajasthan, Through Chief Secretary
2025-03-27
INDERJEET SINGH, PRAMIL KUMAR MATHUR
body2025
DigiLaw.ai
ORDER : 1.In the present batch of the petitions, since common questions are involved, therefore, these writ petitions have been heard together and are being decided by the present order, the facts as prayed by both the parties, have been noticed from D.B. Civil Writ Petition No. 4721/2022 and the prayer made therein is quoted as below:- “1. That the examination REET Level-I for the year 2021 be declared illegal. 2. That the fair inquiry in the matter of mal-practices, irregularities and illegalities by conducted. 3. That the persons responsible for illegalities and irregularities be taken to task as per law. 4. That fair investigation in the entire matter be ordered to be conducted. 5. That any other relief which is in favour of the petitioner may also be passed. 6. That, the cost of the writ petition may kindly be awarded in favour of the petitioner.” 2. The grievance of the petitioners is that the State Government has cancelled the REET-Level-II, Examination on account of some papers being leaked out, whereas, the State Government has not cancelled the REET Level-I, Examination. The allegation made by the petitioners is that if the REET Level-II, Examination has been cancelled on account of cheating or paper- leak, the same treatment should be adopted in REET Level-I, Examination. 3. The respondents have filed the reply and in para No.11 stated as under:- “That the averments contained in Para No.11 of the writ petition are not admitted. It is submitted that the allegations made by the petitioners in the present writ petition are based on surmises and conjectures only with a view to seek cancellation of REET Level-1 Examination. Merely because keys of double lock were with two different persons who were responsible for leakage of REET Level-II Examination, that cannot be a ground to allege that the paper of REET Level-1 Examination was also leaked. The allegations are absolutely unfounded, baseless and incorrect and mere apprehension that too unfounded cannot be a ground for cancellation of REET Level-I Examination. As far as reference to the complaint of candidates at Agrasen Girls Senior Secondary School, Hinduan City is concerned, it is humbly submitted that the question papers were in multi-layer packing to ensure security.
The allegations are absolutely unfounded, baseless and incorrect and mere apprehension that too unfounded cannot be a ground for cancellation of REET Level-I Examination. As far as reference to the complaint of candidates at Agrasen Girls Senior Secondary School, Hinduan City is concerned, it is humbly submitted that the question papers were in multi-layer packing to ensure security. The packing consists of the outer covers; the strings duly fastened by machine; then box; the packets containing question papers placed in the box; the plastic sheets in the packets covering the question papers. The videography of the unloading of the packing, opening of the boxes was conducted at each and every centre. At Agarsen Girls Senior Secondary School where the candidates took their examination, in the investigation it has been confirmed that all the boxes containing the question papers and inner packing including the packets containing the question papers were found to be intact. The videography of the unloading and opening of the packing containing boxes and sealed packets was undertaken and all the boxes and sealed packets were found to be in proper condition. Thereafter, the sealed packets containing question papers were opened in the respective class rooms. In the enquiry, it has been confirmed that all the packets were opened in the presence of the students. All the students were fully satisfied with the packing of the packets and thereafter only the packets were opened. No objection regarding any packet was raised by any student. The seal on the question paper which is in the form of perforation which was found to be broken at some places could be caused on account of handling of the boxes or even at the time of undertaking perforation of the question paper at the Press where question papers were printed and packed. The place where the complaint has been submitted, the packets containing the question paper were opened in the presence of the students and all the students were satisfied with the packets being intact. Under such circumstances, on account of the fact that at some places, the seals (perforation) of the question paper were found to be broken does not in any manner could be suggestive of the leakage of the question paper. The petitioners have made patently false statement that the complaint pertained to open envelope.
Under such circumstances, on account of the fact that at some places, the seals (perforation) of the question paper were found to be broken does not in any manner could be suggestive of the leakage of the question paper. The petitioners have made patently false statement that the complaint pertained to open envelope. As stated above, the question papers were in a packet and all the packets containing the question papers were found duly sealed. The packets were opened only in the presence of the candidates in the respective class rooms. The copy of the complaint submitted by the petitioners does not refer to open envelop, nor it pertains to REET Level-1. It pertains to REET Level-II and in the investigation it has been established that the packet containing the question paper was found to be duly sealed and opened in the presence of the candidates. It is reiterated that question paper of REET Level-l has not been leaked and leakage of question paper of REET Level-II has been found to have taken place only at one place i.e. Shiksha Sankul, Jaipur. It is further submitted that damage of the seal to the question paper is not an evidence or indicative of leakage of the question paper in as much as the outer coverings of all the packing were found to be intact.” 4. We are satisfied with the reply submitted on behalf of the respondents and the petitioners are free to lodge a complaint before the Police so that the proper investigation can be made by the Investigating Agency with regard to paper-leak. 5. So far as the prayer regarding fair investigation is concerned, we are of the considered view that as and when any FIR is lodged by the petitioners, the Investigating Agency or Police Authorities will act in accordance with law. Thus, we are not inclined to interfere with these writ petitions. 6. With these observations, these writ petitions are hereby dismissed.