Veerendr Singh Siradhana, J.

Stating himself to be one of the participants in the Rajasthan Eligibility Examination for Teachers-2017 (for short, 'REET') Level-II, conducted on 11th February, 2018; the petitioner has approached this Court alleging leakage of question paper sufficient to contaminate the written test and thus, need for re-test.

2. Shorn off unnecessary details, the essential skeletal material facts are that the petitioner is one of the participants in the REET examination-2017, wherein about 7-8 Lacs candidates also participated. It is pleaded case of the petitioner that at about 9.05 A.M. on 11th February, 2018, he received certain photograph on his whatsapp cell number reflecting paper of 'G'-series of the REET-2017 Level-II Examination. As per schedule of REET-2017 Level-II Examination was to be held on 11th February, 2018, at 10:00 A.M. to 12:30 P.M. (in the morning shift).

3. Mr. Vijay Choudhary, learned counsel for the petitioner strenuously argued that REET-2017 (Level-II) Examination, was to commence at 10:00 AM on 11th February, 2018. Around 9:05 AM, he received photographs of 'G'-series question paper, on his whatsapp No. 9785937091, that was forwarded from a whatsapp group Namo-Lakhya. For such fake messages are circulated, therefore, the petitioner was not very serious about the message aforesaid for he was in a hurry to reach the examination centre that was schedule to commence to 10:00 AM. Further, as per guidelines the participating candidates were advised to reach at the examination Hall before half-an-hour from the schedule time the examination commenced. At around 10:00 AM it came as a shock to the petitioner when he noticed that the 'G'-series examination paper, he received in the examination hall was similar to one which was messaged to him on his whatsapp number.

According to the counsel for the petitioner, this fact was also confirmed by other participating candidates for they too received such messages on their whatsapp numbers.

4. Referring to representations addressed to various authorities seeking thorough probe in the leakage of question paper; learned counsel emphasized that no heed was paid to the complaints despite of hue and cry by a large section of the candidates, who participated in the REET-2017 Examination. Thus, the petitioner has apprehension that due to leakage, certain candidates would have upper hand in the examination securing more marks jeopardizing his future, and therefore, the leakage of question paper, needs a thorough probe in the circumstances aforesaid for such an incident is an infringement of fundamental rights of the petitioner guaranteed under Article 14, 16 and 21 of the Constitution of India.

5. Referring to the opinions of the Apex Court of the land in the case of All India Railway Recruitment Board Vs. K. Shyam Sundar, (2010) 6 SCC 614 and Nidhi Kaim Vs. State of Madhya Pradesh and Ors., (2016) 7 SCC 615; learned counsel asserted that even a minute leakage of question paper would be sufficient to contaminate the written examination requiring the retest in order to achieve the ultimate object of fair selection.

6. It is further pointed out that malpractices, academic fraud or cheating which are gradually on a rise, is a threat to public trust, reliability and credibility to the system as a whole. Hence, the matter needs to be interfered with by this Court in exercise of extra-ordinary original jurisdiction under Article 226 of the Constitution of India.

7. In response to notice on writ application, the State respondents so also respondent No.3-Board of Secondary Education, Rajasthan, Ajmer; have filed their counter affidavits, resisting the claim of the petitioner for no complaint/representation was ever lodged by the petitioner and the person namely, Yashwant Saini, who allegedly made complaints/ representations, denied to have registered the alleged complaints/representations specifically stating that even the signatures on the complaints/representations