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2025 Supreme(Raj) 1561
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Inderjeet Singh, Pramil Kumar Mathur, JJ.
Govind Kumar S/o Peeraram and ors. - Petitioners
Versus
State Of Rajasthan, Through Chief Secretary and ors. - Respondents
D.B. Civil Writ Petition No. 4721/2022, D.B. Civil Writ Petition No. 5076/2022, D.B. Civil Writ Petition No. 5077/2022, D.B. Civil Writ Petition No. 5078/2022, D.B. Civil Writ Petition No. 5079/2022
Decided On : 27-03-2025
Advocate Appeared:
For the Petitioner: Mr. Arvind Kumar Sharma
For the Respondent: Mr. Vigyan Shah, AAG with Mr. Yash Joshi, Ms. Tanisha Pant, Mr. Akshit Gupta
The court upheld the validity of the REET Level-I examination, finding no evidence of malpractice or grounds for cancellation based on allegations related to Level-II.
Headnote:
(A) Writ Jurisdiction - Examination Malpractices - The petitioners sought to declare the REET Level-I examination illegal and requested an inquiry into alleged irregularities. The State Government canceled the REET Level-II examination due to paper leaks but did not cancel Level-I, leading to claims of unfair treatment. (Paras 1-6)
(B) Allegations of Irregularities - The court found the allegations against the REET Level-I examination to be unfounded, noting that the examination process was secure and conducted in the presence of candidates. (Paras 11-12)
(C) Investigation - The court stated that any complaints regarding the examination should be directed to the police for proper investigation. (Paras 13-14)
Findings of Court:
The court was satisfied with the respondents' reply and determined that the petitioners could lodge a complaint with the police for further investigation.
Issues: The main issues were whether the REET Level-I examination should be canceled based on allegations of irregularities in Level-II and the adequacy of the investigation into these claims.
Ratio Decidendi: The court ruled that the allegations were baseless and that the examination process was secure, thus no grounds existed for cancellation.
Result: Writ petitions dismissed.
ORDER :
1.In the present batch of the petitions, since common questions are involved, therefore, these writ petitions have been heard together and are being decided by the present order, the facts as prayed by both the parties, have been noticed from D.B. Civil Writ Petition No. 4721/2022 and the prayer made therein is quoted as below:-
“1. That the examination REET Level-I for the year 2021 be declared illegal.
2. That the fair inquiry in the matter of mal-practices, irregularities and illegalities by conducted.
3. That the persons responsible for illegalities and irregularities be taken to task as per law.
4. That fair investigation in the entire matter be ordered to be conducted.
5. That any other relief which is in favour of the petitioner may also be passed.
6. That, the cost of the writ petition may kindly be awarded in favour of the petitioner.”
2. The grievance of the petitioners is that the State Government has cancelled the REET-Level-II, Examination on account of some papers being leaked out, whereas, the State Government has not cancelled the REET Level-I, Examination. The allegation made by the petitioners is that if the REET Level-II, Examination has been cancelled on account of cheating or paper- leak, the same treatment should be adopted in REET Level-I, Examination.
3. The respondents have filed the reply and in para No.11 stated as under:-
“That the averments contained in Para No.11 of the writ petition are not admitted. It is submitted that the allegations made by the petitioners in the present writ petition are based on surmises and conjectures only with a view to seek cancellation of REET Level-1 Examination. Merely because keys of double lock were with two different persons who were responsible for leakage of REET Level-II Examination, that cannot be a ground to allege that the paper of REET Level-1 Examination was also leaked. The allegations are absolutely unfounded, baseless and incorrect and mere apprehension that too unfounded cannot be a ground for cancellation of REET Level-I Examination. As far as reference to the complaint of candidates at Agrasen Girls Senior Secondary School, Hinduan City is concerned, it is humbly submitted that the question papers were in multi-layer packing to ensure security. The packing consists of the outer covers; the strings duly fastened by machine; then box; the packets containing question papers placed in the box; the plastic sheets in the packets covering the question papers. The videography of the unloading of the packing, opening of the boxes was conducted at each and every centre. At Agarsen Girls Senior Secondary School where the candidates took their examination, in the investigation it has been confirmed that all the boxes containing the question papers and inner packing including the packets containing the question papers were found to be intact. The videography of the unloading and opening of the packing containing boxes and sealed packets was undertaken and all the boxes and sealed packets were found to be in proper condition. Thereafter, the sealed packets containing question papers were opened in the respective class rooms. In the enquiry, it has been confirmed that all the packets were opened in the presence of the students. All the students were fully satisfied with the packing of the packets and thereafter only the packets were opened. No objection regarding any packet was raised by any student. The seal on the question paper which is in the form of perforation which was found to be broken at some places could be caused on account of handling of the boxes or even at the time of undertaking perforation of the question paper at the Press where question papers were printed and packed. The place where the complaint has been submitted, the packets containing the question paper were opened in the presence of the students and all the students were satisfied with the packets being intact. Under such circumstances, on account of the fact that at some places, the seals (p
