Mohammad Rafiq, J.

This special appeal seeks to challenge the judgment of the learned Single Judge dated 31.07.2018, whereby the writ petition filed by writ-petitioner/appellant Kamlesh Kumar Meena (hereinafter referred to as 'the appellant') has been dismissed.

2. The appellant in the writ petition prayed for issuance of a writ of mandamus to the respondents to get the leakage of question paper of the REET-2017 Level-II examination investigated by the Central Bureau of Investigation or Special Operation Group or any other equivalent premier investigating agency, with the further prayer for a direction to respondent no.3 Board of Secondary Education for Rajasthan, Ajmer, (for short, 'the respondent-Board') not to declare the result of REET-2017 Level-II examination till completion of investigation. Further prayer was made that the said examination be cancelled and the respondent-Board, which was entrusted with the task of conducting REET-2017 Level-II examination-2017, be directed to conduct fresh examination.

3. Mr. S.N. Kumawat, learned counsel for the appellant, has submitted that the appellant received a message on WhatsApp (a messenger app) of his cell-phone number 9785937091 at 09:05 AM on 11.02.2018 while he was proceeding towards his examination center at Shaheed Amit Bhardwaj Senior Secondary School, Manak Chowk, near Badi Chopar, in front of Hawamahal, Jaipur, from a WhatsApp group named 'Namo-Lakhya', containing 37 pages of the question paper of G-Series. He did not pay any heed to the same and proceeded to timely reach the examination center as the candidates were required to reach latest by 09:00 AM. However, when the appellant was served with the question paper of H-Series at 10:00 AM in the examination center, he was shocked to see that several questions therein were from the same paper he received on his WhatsApp. When the appellant made enquiry from other candidates after examination, he learnt that eight more candidates received similar WhatsApp message of G-Series question paper on their cell-phones. Their names with cell-phone number were mentioned by the appellant in the rejoinder to the reply of the respondents filed in the writ petition. This clearly proves that the question papers of the REET examination was leaked and the sanctity of the examination became doubtful. Many undeserving candidates, by virtue of such leakage, were able to steal a march over genuine and deserving candidates.

4. The learned counsel for the appellant argued that the learned Single Judge has erred in law in attaching too much significance to the fact that Yashwant Kumar Saini, in whose name the complaint was made, in his statement before the committee of the respondent-Board, has denied having made such complaint and even disputed his signature on such complaint. The learned Single Judge as also three-member-committee of the respondent Board has read only one part of the statement of Yashwant Kumar Saini and ignored the other part. The earlier part of his statement that has been relied by the learned Single Judge to dismiss the writ petition is that Yashwant Kumar Saini has denied that he made the complaint dated 11.02.2018 to the respondent-Board and that the complaint was not in his handwriting. The complaint did not even contain his signature. His name and cell-phone number have been misused by someone and further that he did not receive any WhatsApp message on his cell-phone number. But in latter part of the statement of the said Yashwant Kumar Saini, he stated that such message was received by his companion Kamlesh Kumar Meena, i.e., the appellant herein, who informed him about the leaked paper, has been completely ignored. The said Yashwant Kumar Saini also stated that after the examination, the appellant came to him and they compared the paper of G-Series received on WhatsApp group with the virtual question paper, which substantially matched and they got its print out and informed the media persons about it.

5. The le