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ARUN BHANSALI
Banwarilal – Appellant
Versus
Rajasthan Public Service Commission – Respondent
JUDGMENT
1. This writ petition has been filed by the petitioner aggrieved against order dated 2.3.2016 (Annex.3), whereby the petitioner has been debarred from appearing in the examinations conducted by the Commission permanently.
2. It is, inter alia, indicated in the petition that petitioner had appeared in the examinations-2013 for the post of Junior Accountant in the year 2015. The examination conducted was investigated by Special Operations Group (SOG) and a charge- sheet came to be filed in 2015 (Annex.2), wherein the investigation against the petitioner was kept pending under Section 173(8) Cr.P.C.
3. On 3.2.2016, the respondent RPSC, without issuing any notice to the petitioner by observing that it was brought to the notice of the Commission that the petitioner has used unfair means and a charge-sheet has been filed, copy whereof has been forwarded to the RPSC, the Full Commission in its meeting dated 25.2.2016 has decided on debarred candidates like petitioner permanently and consequently, the petitioner is debarred permanently.
4. Whereafter, the SOG has filed supplementary charge-sheet in the year 2019, wherein also the investigation against the petitioner has been kept pend
Debarment based on incorrect assumptions and without affording an opportunity of hearing is unjust and must be quashed, emphasizing the importance of following the principles of natural justice.
The court emphasized the importance of challenging final orders and the limitations on granting relief not explicitly prayed for by the petitioner.
The absence of formal charges against candidates involved in exam malpractice renders extended penalties disproportionate and unjust, necessitating procedural fairness in disciplinary actions.
The need for an independent inquiry before debarment based on unfair means and the consideration of delay in approaching the court.
Courts possess the authority to mould relief in disciplinary matters when a punishment is found to be disproportionate. Where a candidate with a disability has successfully completed a selection proc....
The need for direct and cogent evidence to prove allegations and the sensitivity of faculty members in delivering lectures.
Debarment of a student without providing an opportunity for a hearing is in violation of principles of natural justice and fair play in action.
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