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2022 Supreme(Raj) 1614
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Manindra Mohan Shrivastava, Sameer Jain, JJ.
Akhil Bhartiya Vidyarthi Parishad (ABVP) & Ors. – Appellants
Versus
The State Of Rajasthan & Ors. – Respondents
D.B. Civil Writ Petition No. 2487 of 2022, D.B. Civil Writ Petition No. 11553 of 2021 and D.B. Civil Writ Petition No. 11979 of 2021
Decided On : 26-04-2022
Mr. Aayush Mall, Mr. Ram Pratap Saini, Mr. Dinesh Kumar Garg, for the Appellant
Mr. M.S. Singhvi, AG, Mr. C.L. Saini, AAG, Mr. Rajesh Mehrishi, AAG, Mr. Darsh Pareek, Mr. Vigyan Shah, Mr. Ashok Rathore, ADG, Mr. Himanshu Sharma, I.O., for the Respondent.
The court's decision was influenced by the lack of material collected during the investigation to support the allegations made by the petitioners against individuals not yet accused in the case.
Headnote:
Investigation - Allegations in Writ Petition - Lack of Material Supporting Allegations
Fact of the Case:
The court reviewed the status report and heard the investigation details, finding no material supporting the allegations made by the petitioners against individuals not yet accused in the case. The court decided to continue monitoring the investigation and scheduled a further hearing.
Finding of the Court:
The court found that the investigation did not provide material supporting the allegations made by the petitioners against individuals not yet accused in the case.
Issues: Allegations in Writ Petition, Monitoring of Investigation, Leakage of Question Paper, REET Level-I Examination
Ratio Decidendi: The court's decision was based on the lack of material collected during the investigation to support the allegations made by the petitioners against individuals not yet accused in the case.
Final Decision: The court decided to continue monitoring the investigation and scheduled a further hearing, with appointments subject to the outcome of the writ petition.
ORDER
1. The status report dated 25.04.2022 has been placed before us by the learned Advocate General. Sh. Ashok Rathore, Additional Director General of Police ATS and SOG Rajasthan is also present in the Court.
2. This court heard at length the investigation so far carried out as contained in the status report dated 25.04.2022 and also direction in which investigation is going on.
3. Apropose allegations made in the writ petition regarding involvement of other persons also, learned counsel for the petitioner in PIL was heard.
4. The allegations contained in the petition and the material on record, prima facie appear to be replied by respondent in their return and the investigation status report deals with the investigation in the direction regarding possible involvement. From the investigation status report, which has been placed before us, at this stage, we do not find any material collected during the investigation which supports the allegation made by the petitioners against those who so far have not been made accused in the case.
5. Since we are monitoring the investigation of this case, we deem it appropriate to place the matter on 26.05.2022. Further investigation status shall be submitted before the court. The petitioners would be allowed to make their submissions in support of their allegations in the writ petition with regard to leakage of the question paper on that date.
6. The status report submitted before the court today shall be kept in sealed cover by the Registrar (Judicial) for being placed as and when directed.
7. Though at this stage, a prayer is made that as far as a result of REET Level-I examination is concerned, respondents may be restrained from making appointments out of that select list, this aspect would be considered on the next date of hearing. However, considering that the action of the respondents in not cancelling the REET Level-I examination is under scrutiny by this Court, we would, at this stage, observe that appointments, if any made, would be subject to the outcome of the writ petition.
