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2021 Supreme(Raj) 623
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Inderjeet Singh, J.
Puran Mal & Ors. - Appellants
Versus
State Of Rajasthan & Ors. - Respondents
S.B. Civil Writ Petition No. 3415/2021
Decided on : 26-07-2021
Mr. Vigyan Shah, Adv, for the Petitioner; Mr. M.S. Singhvi, Advocate General assisted by Mr. Darsh Pareek, Adv. Ms. Sheetal Mirdha, AAG Mr. Nalin G. Narain, Addl. G.C, Mr. Himanshu Jain, Adv, Mr. Tanveer Ahamad, Adv, for the Respondent
The court's decision emphasized the importance of preventing the perpetuation of illegalities and protecting the rights of the petitioners pending the completion of the investigation by the Special Operations Group.
Headnote:
Illegalities - Recruitment Process - Article 226(3) - [Constitution of India, Article 226(3)] - The court restrained the respondents from giving effect to the order dated 25th March, 2021 and appointing any candidate in pursuance of the order till the next date of hearing. The court also directed the Special Operations Group to expedite the investigation in the present case as the matter relates to the appointment of several candidates on the post of Librarian Grade-III.
Fact of the Case:
The petitioner filed a writ petition seeking to declare the impugned action of the respondent Rajasthan State Staff Selection Board (RSSB) as illegal and arbitrary, and to quash and set aside the appointment process for the post of Librarian Grade-III due to alleged irregularities and illegalities in the selection process.
Finding of the Court:
The court found that the matter was still sub-judice before the Special Operations Group (SOG) and that if the final result was given effect and the selected candidates were appointed, the rights of the petitioners would be affected and the alleged illegalities may be perpetuated. The court restrained the respondents from giving effect to the order and appointing any candidate until the investigation was expedited.
Issues: The issues revolved around the alleged irregularities and illegalities in the selection process for the post of Librarian Grade-III, the ongoing investigation by the Special Operations Group, and the potential impact on the rights of the petitioners.
Ratio Decidendi: The court's decision was based on the need to prevent the potential perpetuation of illegalities and to protect the rights of the petitioners pending the completion of the investigation by the Special Operations Group.
Final Decision: The court allowed the applications for vacation of the interim order dated 05.04.2021 and vacated the interim order. The application for calling the report of S.O.G. was to be considered at the time of final disposal of the writ petition.
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.
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, the
