Rajasthan High Court – Jaipur
Pramod Kumar S/O Harvan Singh vs State Of Rajasthan on 28 August, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:33343]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13806/2024
1. Kailash Chand Sharma S/o Kanahiya Lal Sharma, Aged
About 34 Years, R/o 36, Maheshpuri Colony, Neta Ji
Chakki Nwaru Road, Jhotwara, Jaipur, Rajasthan -
302012.
2. Vinod Choudhary S/o Phool Chand, Aged About 31 Years,
R/o Dhani Tibawali, Village Nimera, Post Jankipura, Vaya
Jajod Kheri, Tehsil Khandela, District Sikar, Rajasthan -
332722.
3. Madan Lal Jat S/o Shravanji, Aged About 31 Years, R/o
Jato Ki Dhani, Chhota Narena, Narena, Ajmer, Rajasthan-
305812.
4. Mangala Ram Jat S/o Shravanji, Aged About 29 Years,
R/o Jato Ki Dhani, Chhota Narena, Narena, Ajmer,
Rajasthan- 305812.
5. Ganesh Ram S/o Nathu Lal Daroga, Aged About 35 Years,
R/o Village And Post Nosal, Tehsil Roopangarh, District
Ajmer, Rajasthan - 305814.
6. Ghanshyam Gurjar S/o Kajor Mal Gurjar, Aged About 32
Years, R/o Tobariya Ki Dhani, Ward No.2, Surana, District
Jaipur, Rajasthan - 303120.
7. Tara Chand S/o Rajender Sen, Aged About 34 Years, R/o
2054/40, Prithviraj Puri, Andh Vidhalay Ke Piche, District
Ajmer, Rajasthan - 305001.
8. Raviraj Yadav S/o Deshraj, Aged About 33 Years, R/o Vpo
Raipur Ahiran, Tehsil Buhana, District Jhunjhunu,
Rajasthan - 333515.
9. Dinesh Kumar Yadav S/o Ramjilal Yadav, Aged About 33
Years, R/o Khoara, Karnawar, District Dausa, Rajasthan -
303327.
10. Manju Ranwa D/o Mukhram Ranwa W/o Randheer Singh,
Aged About 35 Years, R/o Nawalri, Nawalgarh, District
Jhunjhunu, Rajasthan - 333042.
11. Soniya Dangi D/o Harlal Dangi, Aged About 33 Years, R/o
Ojatu, Ojtu, District Jhunjhunu, Rajasthan - 333026.
12. Rateeram Gurjar S/o Hanuman Gurjar, Aged About 32
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Years, R/o Village And Post Beri Bandh, Tehsil Kotputli,
District Jaipur, Rajasthan - 303105.
13. Priyanka Choudhary D/o Nand Kumar, Aged About 31
Years, R/o House No. 80, Post Chanwa, Tehsil Malsisar,
District Jhunjhunu, Rajasthan - 333001.
14. Vikas Kumar S/o Ramdev Singh, Aged About 30 Years,
R/o Village Khanga Ka Bass, Post Derwala, Tehsil
Jhunjhunu, District Jhunjhunu, Rajasthan - 333001.
15. Mukesh Choudhary S/o Ramdhan Choudhary, Aged About
25 Years, R/o Chota Narena, Narena, District Ajmer,
Rajasthan - 305812.
16. Vishwas Sinsinwar S/o Shri Yaduveer Singh, Aged About
31 Years, R/o Jaghina Gate, Gopalgarh, Distt. Bharatpur
(Raj.).
17. Sumitra Chaudhary D/o Goma Ram, Aged About 35 Years,
R/o Village And Post Basri Kalan, District Sikar, Rajasthan
- 332708.
18. Juber Khan S/o Mohammad Arshad Khan, Aged About 32
Years, R/o 570, Naya Jalupura, Shastri Nagar, District
Jaipur, Rajasthan - 302016.
19. Deshraj Sheshma S/o Banai Singh, Aged About 28 Years,
R/o Ward No. 3, Buddh Singh Ki Dhani, Hod, Tehsil
Khandela, District Sikar, Rajasthan - 332709.
20. Chetan Prakash Meena S/o Nand Kishor, Aged About 32
Years, R/o Kumharo Ka Mohalla, Kelanwas, District Jaipur,
Rajasthan - 303109.
21. Sunita Jat D/o Ramchandra, Aged About 34 Years, R/o
Mohalla Gujran, Sisola, Tehsil Peeplu, Seesola, District
Tonk, Rajasthan - 304801.
22. Mukesh Choudhary S/o Rupa Ram, Aged About 34 Years,
R/o Rohindi, District Nagaur, Rajasthan - 341512.
23. Mahendra Choudhary S/o Hardeem Ram, Aged About 34
Years, R/o Village Rohisi, Tehsil Merta City, Riyan Bari,
Rohisa, District Nagaur, Rajasthan - 341513.
24. Ajit Mehta S/o Kishan, Aged About 26 Years, R/o Village
And Post Mahodara, District Baran, Rajasthan - 325217.
25. Umesh Kumar Joshi S/o Bhainrusahay Joshi, Aged About
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28 Years, R/o Village And Post Sop, Tehsil Karauli, District
Karauli, Rajasthan - 322204.
----Petitioners
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Department Of Home, Govt. Of Rajasthan, Secretariat,
Jaipur.
2. The Director General Of Police, Police Headquarters,
District Jaipur, Rajasthan.
3. The Secretary, Rajasthan Public Service Commission,
District Ajmer, Rajasthan.
4. The Additional Director General Of Police, Special
Operation Group, Jaipur, Rajasthan.
5. Naresh Kumar S/o Bhera Ram, Aged About 24 Years, R/o
Village And Post Malwara, Tehsil Chitalwana, Ps-
Chitalwana, District Jalore, Sanchore- 323041, Presently
In Judicial Custody At Central Jail, Agra Road, Near Ghat
Gate, Central Jail, Fateh Tibba, Adarsh Nagar, Jaipur,
Rajasthan 302003.
6. Devesh Raika S/o Ramuram Raika, Aged About 30 Years,
R/o Village And Post Gagwana, Ps- Rol, District Nagaur-
341027, Presently Trainee As Sub-Inspector At Rajasthan
Police Academy, Panipech, Nehru Nagar, Jaipur - 302016,
Rajasthan.
7. Jitendra Kumar Meena, S/o Ramji Lal Meena, R/o Village
Bobas, Tehsil Jobner, District Jaipur, Merit No. - 1482, IB.
8. Ladu Lal Teli, S/o Kalu Ram, R/o Village Palara, Bhilwara,
Merit No.- 36, AP.
9. Sultan Singh, S/o Sawai Singh, R/o Village- Ramniwas
Pura, Tehsil Chaksu, Jaipur, Merit No. - 993 AP.
10. Kamal Kumar Meena S/o Rang Lal Meena, R/o Village
Ramniwas Pura, Tehsil Chaksu, Jaipur, Merit No.- 993, Ap.
11. Priyanka Choudhary, S/o Lala Ram Choudhary, R/o
Roopana Jetana Jatawas Lohawat, Jodhpur, Merit No.-
436, Ib.
12. Shaitan Singh, S/o Vijay Singh, R/o Village- Purohito Ka
Was Chendesra Badmer, Merit No.- 112, Ap.
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13. Ajay Kumar Sharma, S/o Ashok Kumar Sharma, R/o Plot
No. 55, New Colony Phulera, Jaipur, Merit No.- 237, Ap.
14. Jitendra Verma, S/o Gangadhar Varma, R/o- 138/139,
Adarsh Nagar, Borkheda, Kota, Merit No. 1684, Ap.
15. Mahendra Saran, S/o Arjun Ram, R/o - Vpo- Gadhwala
Districy Bikaner, Merit No.- 158, Ap.
16. Manisha Jat, S/o Sube Singh Jat, R/o- Village Badnagar,
Paota, Jaipur, Merit No.- 527, AP.
17. Chandravati Bohara, S/o Ashok Kumar Sharma, R/o
Nathya Wali Dhani Nindar Harmada, Jaipur, Merit No.-
1426, AP.
18. Banti Singh, S/o Bhoora Singh, R/o 150 Bajrang Vihar
Muhana, Sanganer, Merit No.- 176, IB.
19. Raman Deep, S/o Krishan Kumar, R/o 144, Ward No. 9,
Badbiran Nohar, Hanuman Garh, Merit No.- 1123, AP.
20. Narpat, S/o Bhappa Ram, R/o- Rathiyo Ki Dhani
Loonawas Khara, Jodhpur, Merit No.- 677, AP.
21. Ayush, S/o Jagdish Prasad, R/o- 267, Ward No. 11,
Dadiya Sikar, Merit No.- 68, Ap.
22. Ramswaroop, S/o Ganpat Ram, R/o Ishrwalo Ki Dhani
Tehsil Bap Dis, Jodhpur, Merit No.- 108 AP.
23. Rajesh Kumar, S/o Sugna Ram, R/o Ward No. 3 57Gb,
Ramsinghpur, Ganganagar, Merit No.- 1551, AP.
24. Bharat Kumar Bhambhi, S/o Mohan Lal Bhambi, R/o-
Devnagar, Ajmer, Merit No.- 1369, AP.
25. Rajeev Kumar Bharia, S/o Jagdish Prasad, R/o- Vpo
Khalasi The Mandawa Jhunjhunu, Merit No.- 1382, Ap.
26. Vikram Panwar, S/o Ram Gopal Panwar, R/o Vpo Meveda
Khud The Kekri Dis, Ajmer, Merit No.- 2362, AP.
27. Suman, W/o Babu Lal Jiloya, R/o Proonpura, Sikar, Merit
No.- 2360, AP.
28. Pailet, S/o Bhoop Ram, R/o- Village 3 Img The Vijaynagar,
Dis Anupgarh, Merit No.- 230, AP.
29. Surya Prakash, S/o Maniram Pareek, R/o- Vpo Gogasar,
Tehasil Ratangarh, District Churu, Merit No. 240, IB.
30. Satyandra Pal Singh, S/o Sultan Singh, R/o Vpo Kusum
Desar Tehasil Ratan Garh District Churu, Merit No. - 220,
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AP.
31. Shakti Singh, S/o Roop Singh Rajpoot, R/o Vill Mundoti,
Post Akodiya, District Ajmer, Merit No.- 303, AP.
32. Jaskaran Singh, S/o Rajvinder Singh, R/o- Vpo 16 Amp
Sangaria, Hanumangarh, Merit No.- 183, IB
33. Lalit Kishor, S/o Jai Prakash, R/o Vpo Sanghar, Tehsil
Suratgarh, District Ganganagar, Merit No.- 194, AP.
34. Prashant Kumar Choudhary, S/o Shivlal Choudhary, R/o
107 Nehru Nagar, Near Mohan Jewelers, Alwar, Merit No.-
2130, AP.
35. Bhupendra Singh, S/o Sultan Ram, R/o- Po Puran Bas
Neem Ka Thana Sikar, Merit No. 2020, Ap.
36. Krishan Murari Gautam, S/o Mahaveer Prasad, R/o Village
Chauthya, District Baran, Merit No.- 360, Ap.
37. Mukendra Singh, S/o Hukam Singh, R/o Aganpura, Karili,
District Baran, Merit No.- 1247, Ap.
38. Bhagchand Kumawat, S/o Mahaveer Prasad Kumawat,
R/o- Village Aalola Post Mehru Kalan, Ajmer, Merit No.-
126, Ap.
39. Tara Saini, S/o Satish Saini, R/o Khawas Ji Ka Bass,
Rajgarh, Alwar, Merit No. 3030, Ap.
40. Kirtidhawaj Singh, S/o Goverdhan Singh Jhala, R/o-
Meera Nagar 3, Old Rto, Udaipur, Merit No.- 206, Ap.
41. Rohitash, S/o Krishn Lal, R/o- Village Chanderi Bari
District Hanuman Garah, Merit No. 104, Ap.
42. Suresh Singh Rajpurohit, S/o Devi Singh, R/o- Kishnasar
Nokha, Bikaner, Merit No.- 117, Ib.
43. Subhash, S/o Brij Lal, R/o- Kishanpura, Uttrada, Tehsil
Sangaria, Hanuman Garh, Merit No.- 292, Ap.
44. Abhishek Patidiya S/o Ashok Kumar, R/o Vpo Bay Tehsil
Nawalgarh, District Jhunjhunu, Merit No. 846, Ap.
45. Tog Singh S/o Govind Singh, R/o Vpo Lakha, Tehsil
Fatehgarh, District Jaisalmer, Merit No.- 325, Ap.
46. Bharat Singh Shekhawat, S/o Mahendra Singh
Shekhawat, R/o Village Nayabas, Tehsil Dataramgarh,
District Sikar, Merit No. 478, Ap.
47. Kiran Vishnoi D/o Ramniwas, R/o Village Bher, Tehsil
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Khinwsar, District Nagaur, Merit No. 678, Ap.
48. Bulaki Ram S/o Luna Ram, R/o Luna Ram, R/o Village
137, Modayat Bikaner, Merit No.- 203, Ap.
49. Deepak Poonia S/o Dhramveer Poonia, R/o Village 17 Bb
Po 16 Bb Tehsil Padampur District Ganganagar, Merit No.
288, Ap.
50. Payal Sharma D/o Shri Manjeet Kumar Sharma, Aged
About 35 Years, Resident Of Ward No. 21, Santoshi Mata
Mandir Ke Pass, Raisngh Nagar, Ganga Nagar (Merit No.
3060).
51. Mahendra Kumar Sharma S/o Shri Sharwan Kumar
Sharma, Aged About 28 Years, Resident Of Jaisinghpura
Shekhawatan, Pratappura Kalan, Jaipur (Merit No. 528).
52. Sashi Dutt S/o Shri Som Dutt Arya, Aged About 30 Years,
Resident Of D-235 C, Jagdamba Nagar, Behind Heerapura
Power House, Ajmer Road, Jaipur (Merit No. 1591).
53. Mohit S/o Shri Laddu Lal, Aged About 31 Years, Resident
Of Sahu Nagar, Cement Factory, Sawai Madhopur (Merit
No. 15).
54. Omprakash Yadav S/o Shri Banshidhar Yadav, Aged About
27 Years, Resident Of Durga Ka Bass, Thinoi, Jaipur (Merit
No. 78).
55. Harsh Chawla S/o Shri Ratan Lal Khatik, Aged About 24
Years, Resident Of 6-A, Nagar Palika Colony, Chittorgarh
(Merit No. 1546).
56. Ashok Bishnoi S/o Shri Bhanwar Lal Bishnoi, Aged About
31 Years, Resident Of Murlidhar Vyas Colony, Jambeshwar
Nagar, Bikaner (Merit No. 73)
57. Ashok Kumar Meena S/o Shri Ramlal Meena, Aged About
29 Years, Resident Of Suratpura, Dausa (Merit No. 1533).
58. Ganesh Narayan Meena S/o Shri Narsi Lal Meena, Aged
About 31 Years, Resident Of Village Wagpura, Chhareda,
Dausa (Merit No. 992).
59. Prahlad Sahai Yadav S/o Shri Baluram Yadav, Aged About
32 Years, Resident Of Bagawas, Jaipur (Merit No. 32)
60. Krishan Kanhaiya Sharma S/o Banshidhar Sharma, R/o
Bhaosar Isharwala, Jaipur Rajasthan - 303301.
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61. Shivani Faujdar D/o Rajesh Kumar Faujdar, R/o Village-
Bilouth, Dahra, Nadbai, Bharatpur, Rajasthan - 321028.
62. Rajash Kumar Ratawal S/o Choth Mal Ratawal, Palri,
Raigaro Ka Mahalla, Palri, Jaipur, Rajasthan - 303003.
63. Shri Ram Varma S/o Jethu Ram Verma, R/o 248 Regro Ka
Mahalla, Moondolao, Ajmer, Srinagar, Rajasthan 305025.
64. Manohar Singh S/o Arjun Singh, Nachna, Jaisalmer,
Rajasthan - 345028.
65. Yuvraj Singh Rathore S/o Ishwar Singh Rathore, Mukam
Post Tokawasa, Dungarpur, Rajasthan 314021.
66. Devdeep Singh Chouhan S/o Rajendra Singh Chouhan,
R/o Nimbahera, Chittorgarh, Rajasthan - 312901.
67. Pravin Singh Chouhan S/o Lal Singh Chouhan, R/o Village
Bada Talab Post - Maanpur Thesil Salumber Bhavrana,
Udaipur, Rajasthan - 313038.
68. Bhajan Lal S/o Mangilal Panwar, R/o 38/4 Ramnagar
(K.d.) Kaparda, Kaparda, Jodhpur, Rajasthan - 342605.
69. Daulat Patel S/o Udai Singh Patel, R/o Heera Bhavan,
Ward No. 2 Dhani Godwali Tehsil Kotputli, Jaipur, Kotputli,
Rajasthan - 303108.
70. Balraj Meena S/o Makkhan Lal, R/o Vinayakpuri Raipur,
Ward No. 06, Tehsil Dataramgarh Raipura, Rajasthan
332403.
71. Devendra Singh Shekhawat S/o Ram Singh Shaktawat,
Rajput Mohalla, Kanti Po Kothaj, District Bhilwara,
Rajasthan - 311603.
72. Govind Kumar Yadav S/o Kajod Mal Yadav, R/o Mohalla
Ahiran Didawala, Phagi, Jaipur, Rajasthan - 303303.
73. Ashok Kumar Meena S/o Ganga Sahay Meena, R/o Sulya
Ki Dhani, Baragaon, Dausa, Rajasthan - 303303.
74. Rinku Kumar Meena S/o Soosariya Ram, R/o Nithar,
Bharatpur, Rajasthan - 321409.
75. Lalaram Kumawat S/o Harishankar Kumawat, R/o
Kumawat Mohalla, Gav Shambhupura, Shambhoopura,
Tehnal, Bhilwara, Rajasthan - 311404.
76. Ramveer Gurjar S/o Heera Singh Gurjar, R/o Shahadpur,
Mahwa, Dausa, Rajasthan, 321608.
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77. Kuldeep Sharma S/o Mamchand Sharma, R/o Swami Ki
Dhani, Karni Kot, Alwar, Karni Kot, Rajasthan 301427.
78. Ashok Yadva S/o Jagdish Prasad Yadav, R/o 801 Dhani
Amar Singh Wali, Mundru, Sikar, Rajasthan - 332712.
79. Ravi Kant Meena S/o Rohitashwa Meena, Ward No. 15,
Naya Kuaa Meeno Ki Dhani Bairada, Viratnagar, Maliwara,
Jaipur, Rajasthan - 303102.
80. Nilesh Kumbhawar S/o Jagdish Prasad Kumbhawat,
School Ground Ke Pass, Th. Thanagazi, Alwar, Rajasthan -
301022.
81. Chander Prakash Gaur S/o Suresh Chander, R/o Village
Shekhsar, Jhunjhunu, Rajasthan 333001.
82. Om Prakash Yadav S/o Begaram Yadav, Dhani Dyody,
Jharli, Po Jharli, Dist. Sikar Rajasthan - 332707.
83. Chetanya Singhal S/o Jagdish Prakash Gupta, R/o 26B,
Patel Nagar, Sawai Madhopur, Rajasthan - 322001.
84. Ganga Singh Rathore S/o Bhagwan Singh, 82, Bhon Ji Ki
Dhani, Chainsingh Nagar, Tena, Jodhpur, Rajasthan -
342028.
85. Lal Krishna Vashisth S/o Uma Charn Vashishth, Near
Chitra, Ice Factory, Bhinasar (Rural), Bikaner, Rajasthan-
334403.
86. Abhay Singh Anjana S/o Gopal Singh Anjana, R/o 00,
Purani Aabadi Ward No. 08, Jahazpur Gandher
Pratapgarh, Rajasthan - 312605.
87. Kamal Kumar Behada S/o Rupa Ram Behada, R/o Jato Ki
Dhani, Kanwarasa, Jaipur, Rajasthan - 303604.
88. Rakesh S/o Balaram, R/o 95 Patelo Ka Chhota Vas
Khudala, Kuni Khudala, Jodjpur, Khudala, Rajasthan -
342001.
89. Pinki Mina D/o Ramniwas Mina, R/o Bosana, Sikar,
Rajasthan - 332025.
90. Sukhajeet Kour D/o Beant Singh, R/o Ward No. 01,
Nyolkhi, 9 Km Hanumangarh, Rajasthan - 335524.
91. Manisha Meena D/o Hariram Meena, Sarpanch Ka Bass,
Seeri, Peepalki, Dausa, Rajasthan - 303509.
92. Maya D/o Pancha Ram, R/o Ransigaon, Ransi Gaon,
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Jodhpur, Rajasthan - 342601.
93. Monika Mali D/o Madan Lal, R/o Ghanchiwada, Sirohi,
Rajasthan - 307001.
94. Laxman Singh S/o Devi Singh, R/o Karangarh Rajbera,
Barmer, Rajasthan - 344701.
95. Santosh W/o Rajender Kumar, R/o Chak -34, Rwd,
Gandheli, The Rawatsar, Hanumangarh, Rajasthan -
335524.
96. Bhanu Pratap Singh Chauhan S/o Govind Singh Chauhan,
R/o Rajput Mohalla Amarsingh Ka Gada, Banswara,
Rajasthan - 327021.
97. Udita Palawat D/o Harisingh Palawat, R/o Gram Post
Mahond, Tehsil Kishangarh Bas, District Tijara Khairthal
Rajasthan - 301405.
98. Hemraj Gurjar S/o Jagdish Narayan Gurjar, R/o Village
Bainada Post Bainada Jaipur Rajasthan - 303301.
99. Mamta Devi Jat S/o Ramswroop Jat, Tehsil Malpura, Post
Jharli, Krishanpura, Tonk, Rajasthan - 302022.
100. Priyanka Meena D/o Ramesh Chand Meena, R/o Giradhari
Mambr Ki Dhani, Shri Ram Ki Nangal, Sitapura Industrial
Area, Jaipur, Rajasthan- 302022.
101. Tinku Singh S/o Panna Lal, R/o Baroli Chauth Bharatpur,
Rajasthan - 321203.
102. Amar Singh S/o Heer Singh, Aged About 38 Years, R/o
Plot No. 132-A, Jeen Mata Nagar, Kalwar Road,
Harnathpura, Jhotwara, Jaipur- 302012.
103. Poornima Sharma D/o Vinod Kumar, Aged About 34 Years,
R/o 1205, Ward No. 20, Near Tagore School, Purani
Abadi, Ganganagar, Rajasthan - 335001.
104. Vikram Singh S/o Sher Singh, Aged About 41 Years, R/o
Neema, Churu, Rajasthan - 331305.
105. Bhavanee Singh S/o Ramesh Singh, Aged About 28 Years,
R/o Nayawas, Amar Sagar, Jaisalmer, 345001.
106. Naresh Pal Saini S/ Guguan Ram Saini, Aged About 40
Years, R/o Babai, Jhunjhunu, 333501.
107. Anil Kumar S/o Omprakash, Aged About 40 Years, R/o
Mahala Ki Dhanu, Teet Anwar, Jhunjhunu, 333012.
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108. Mukesh Kumar S/o Shivdan Samota, Aged About 34
Years, R/o Ward No. 3, Hameerpur Khurd, Post Sola, The.
Khandela, Sikar, 332722.
109. Sunil Kumar S/o Shreeram, Aged About 42 Years, R/o
Deepalwas, Jhunjhunu, 333001.
110. Sunil Kumar S/o Rameshwar Dayal, Aged About 37 Years,
R/o Ward No. 2, Near Fozawali School, Kotputli, 303108.
111. Dinesh Kumar S/o Bhal Singh, Aged About 38 Years, R/o
Kaseru, Jhunjhunu- 333705.
112. Karan Kmar Janwa S/o Moti Lal, Aged About 31 Years, R/o
Bhanuja, Chittorgarh, 312603.
113. Neeraj Kumar Meena S/o Shivchran Meena, Aged About
25 Years, R/o Rana Sanga Marg, Pratap Nagar, Near Gd
Goenka School, Sanganer, 302033.
114. Neeraj Meena S/o Shambhu Dayal Meena, Aged About 26
Years, R/o Dilawarpura, Dausa, 303323.
115. Kamal Singh Gurjar S/o Gopal Krishan, Aged About 33
Years, R/o Motiwara, Rajgarh, Alwar, 301408.
116. Rohit Kumar Jeph S/o Gyarsi Lal Meena, Aged About 33
Years, R/o Khetri Mod, Neem Ka Thana, Sikar, 332713.
117. Kamlesh Kumar Meena S/o Ramji Lal Meena, Aged About
27 Years, R/o Hapawas, Dausa, 303506.
118. Priyanka Khokhar D/o Bhanwar Lal Khokhar, Aged About
30 Years, R/o Kyamsar, Nagaur, 341551.
119. Babu Lal Meena S/o Ramswaroop Meena, Aged About 29
Years, R/o Mundiyawas, Post Bhangroli, Alwar, 301022.
120. Mohd Mohsin Qureshi S/o Mohd. Saleem Qureshi, Aged
About 33 Years, R/o 2562, Bhindon Ka Rasta, Chandpole
Bazar, Jaipur, 302001.
121. Kamlesh Jotar S/o Nanchu Ram Jat, Aged About 30 Years,
R/o Jotarwala, Sanganer, Jaipur, 302029.
122. Bhagirath Singh S/o Rawat Singh, Aged About 38 Years,
R/o 52, Sarothiya, Churu, 331518.
123. Laxami Bariya D/o Suresh Kumar Bariya, Aged About 24
Years, R/o Khuchaman City, Sahji, Sahji Ka Bagicha,
Nawa, Nagaur, 341509.
124. Vishnu Kanwar Rathore D/o Shiv Singh Rathore, Aged
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About 31 Years, R/o Sanodiya, Kaylias, Bhilwara, 311030.
125. Vandana Kumari D/o Ramniwas, Aged About 31 Years,
R/o Mundo Ki Dhani, Chhau, Jhunjhunu, 333305.
126. Satya Narayan Tandi S/o Teju Ram Tandi, Aged About 42
Years, R/o Barna, Ajmer, 305801.
127. Manish Sharma S/o Mahesh Sharma, Aged About 29
Years, R/o 5-A, Deepak Colony-A Shyopur Tonk Road,
Sanganer, Jaipur, 302033.
128. Manju Meena D/o Meethalal Meena, Aged About 26 Years,
R/o Beed Wali Dhaani, Ramgarh Pachwara, Dausa,
303510, Dob- 15/04/1998.
129. Yash Palawat S/o Jagmal Singh, Aged About 25 Years, R/o
Birmi, Jhunjhunu, 331027.
130. Koshalya Saini D/o Nathu Lal Saini, Aged About 32 Years,
R/o Malpura, Bambori, Tonk, 304504.
131. Poonam Dagar D/o Vijay Singh, Aged About 25 Years, R/o
Tharya Mohalla, Jeendoli, Alwar, 301404.
132. Kavita Meena D/o Arjun Meena, Aged About 24 Years, R/o
Ramkishanpura, Loharwara, Peeplu, Tonl, 304801.
133. Bharati Kumari Teli D/o Banshi Lal Teli, Aged About 23
Years, R/o Teli Mohalla, Jojwa, Bhilwara, 311601.
134. Mudita Khinchi D/o Sitaram Khinchi, Aged About 25
Years, R/o 30, Power House, Gulab Vihar, Sanganer,
Jiapur, 302029.
135. Sita Devi Gurjar D/o Umrav Gurjar, Aged About 26 Years,
R/o Bhogadeet, Arain, Ajmer, 305813.
136. Sanam S/o Pradeep Kumar, Aged About 27 Years, R/o
Bijorwas, Alwar, 301701.
137. Ankita Kanwar D/o Manohar Singh, Aged About 27 Years,
R/o Ward No. 4, Jorawar Nagar, Sikar, 332708.
138. Rinku D/o Ompal Singh, Aged About 28 Years, R/o Dhani
Kankar Ki, Neem Ka Thana, Sikar, 332718.
139. Seena Gurjar D/o Bhagwat Singh Gurjar, Aged About 24
Years, R/o New Petrol Pump, Bhagat Singh Colony,
Bandikui, Dausa, 303313.
140. Rajesh Kumar S/o Ramkumar Bhaskar, Aged About 27
Years, R/o Dhandhan, Sikar, 332302.
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141. Ranjana Kumari D/o Maniram Gurjar, Aged About 23
Years, R/o Bhopur Shahpur, Dausa, 321612.
142. Deepika D/o Mahendra Singh, Aged About 28 Years, R/o
Khudot, Jhunjhunu, 333027.
143. Hemlata Kanwar Rathore W/o Dharmendra Singh
Rajawat, Aged About 32 Years, R/o Housing Board,
Dausa, 303303.
144. Dharmendra Singh Rajawat S/o Balveer Singh Rajawat,
Aged About 34 Years, R/o Gupteshwar Road, Housing
Board Colony, Dausa, 303303.
145. Saurabh Aswal S/o Rajendra Kumar Aswal, Aged About 24
Years, R/o Shiv Colony, Manoharpur, Shahpura, Jaipur -
303104.
146. Ajay Singh Pahadiya S/o Hari Singh Pahadiya, Aged About
28 Years, R/o Khateek Pada, Pathena, Bharatpur, 321615.
147. Nitesh Kumar Manju S/o Prabhu Dayal, Aged About 31
Years, R/o Samaspur, Jhunjhunu, 333001.
148. Akshay Kumar Meena S/o Radheshyam Meena, Aged
About 25 Years, R/o 17, Siyaram Vihar, Govindpura,
Sanganer, Jaipur, 302029.
149. Kaluram Choudhary S/o Nanu Ram, Aged About 25 Years,
R/o Meeno Ka Mohalla, Lakhawas, Jaipur, 303007.
150. Rajneesh Ahari S/o Narayan Lal Ahari, Aged About 32
Years, R/o Dhelana, Udaipur, 313903.
151. Anand Kumar Vashnav S/o Om Prakash Vashnav, Aged
About 28 Years, R/o Laxmichand Sanwal Colony,
Jaisalmer, 345001.
152. Hansraj Choudhary S/o Rameshwar Lal Choudhary, Aged
About 31 Years, R/o Bishanpura, Amer, Radhakishanpura,
Jaipur, 303701.
153. Pratap Singh S/o Khemchand Singh, Aged About 41
Years, R/o FN 30/29/08, Varun Path, Mansarovar, Jaipur,
302020.
154. Chanana Ram S/o Laxmana Ram, Aged About 30 Years,
R/o Khichdon Ka Bas, Ranasar Kalan, Barmer, 344704.
155. Abhishek Nehra S/o Kabool Nehra, Aged About 28 Years,
R/o Bakhsipura, Sikar, 332718.
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156. Hardina Ram S/o Ganesha Ram, Aged About 38 Years,
R/o Mamroda, Koliya, Nagaur- 34135.
157. Vikash Kumar Dhaker S/o Kailash Chandra, Aged About
30 Years, R/o Koli Mohalla, Bijoliyan Khurd, Bhilwara,
311602.
158. Kaushal Singh S/o Hetram Singh, Aged About 40 Years,
R/o Helak, Bharatpur, 321303.
159. Dilraj Meena S/o Ram Sahay Meena, Aged About 26
Years, R/o Deeppura, Karauli, 322441.
160. Shish Pal Yadav S/o Gopal Lal Yadav, Aged About 29
Years, R/o Raithal, Rmapura, Jiapur, 303603.
161. Anuja Beniwal D/o Sharwan Ram Beniwal, Aged About 25
Years, R/o Krishn Mandir Ke Pass, Peethawas, Jodhpur,
342027.
162. Divya Choudhary D/o Malaram Gwala, Aged About 37
Years, R/o Jagdamba Nagar, Mata Ka Than, Jodhpur,
342304.
163. Komal Yadav D/o Ashok Yadav, Aged About 26 Years, R/o
Chandali, Rampura, Bansur, Alwar, 301402.
164. Hansa Sharma W/o Mahendra Sharma, Aged About 30
Years, R/o Ramjipura, Nayala, Jaipur, 303012.
165. Suman Saini D/o Suraj Mal Saini, Aged About 31 Years,
R/o 19-A, Gopal Nagar, Vaishali Nagar, Jaipur, 302021.
166. Indra Ranawat D/o Ganpat Singh Ranawat, Aged About
27 Years, R/o Rawla Fala, Kalyanpura, Gadriyawas,
Pratapgarh, 313605.
167. Naveen S/o Dhana Ram, Aged About 26 Years, R/o
Keharwala, Sirsa, Haryana, 125076.
168. Avanish Kumar S/o Om Pratap Singh, Aged About 40
Years, R/o 187, Upla Pana, Kuteena, Alwar, 301708.
169. Anil Kumar S/o Mohar Singh, Aged About 24 Years, R/o
Mahamadpur, Babekhar, Bharatpur, 321615.
170. Deputy Director, Enforcement Directorate, Jaipur, Jaipur,
Zonal Office 2Nd Floor, Jeewan Nidhi II, LIC Building
Bhawani Singh Marg, Jaipur.
171. Kuldeep Singh Son of Shiv Ratan Singh, Age about: 29
years, Correspondence Address: House No. 102, Lanne
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[2025:RJ-JP:33343] (14 of 202) [CW-13806/2024]
No. 6, Padmawati Colony (First), Nirman Nagar, Jaipur
(RAj.)- 302019
172. Mahesh Kumar Choudhary Son of Ashok Kumar
Choudhary, Age About: 25 Years, Address: Jato Ka
Mohalla, Rajwas, Tehsil: Newai, Tonk (Rajasthan) -
304021.
173. Rahul Tak Son of Kanwari Lal, Age About: 30 Years,
Correspondence Address: A-147, Sunder Nagar, Ram
Path, Near Hotel Tejasvi, 200 Feet Bypass, Ajmer Road,
Jaipur (Rajasthan) - 302019.
174. Ravi Kumar Son of Ashiwani Kumar, Age About: 31 Years,
Correspondence Address: Sardar Pura, Ureeka, Jhunjhunu
(Rajasthan)-333033.
175. Pushpendrapal Singh Bhati Son of Virendra Singh Bhati,
Age About: 27 Years, Correspondence Address: A-25,
Ashok Vihar, Manyawas, Mansarovar, Jaipur (Rajasthan) -
302020.
176. Dashrath Singh Son of Kan Singh, Age About: 32 Years,
Correspondence Address: VPO: Mundwara, Tehsil: Dhod,
Sikar (Rajasthan) - 332023.
177. Mamta Swami Daughter of Sitaram Swami, age about: 34
years, Correspondence Address: F-1, 342, Katewa
Naggar, Gurjar ki Thadi, Shyam Nagar, Jaipur
(Rajasthan)-302019
----Respondents
Connected With
S.B. Civil Writ Petition No. 12435/2023
1. Pramod Kumar S/o Harvan Singh, Aged About 32 Years,
R/o 24, Post Gaamadi, Peernagar, Bharatpur, Rajasthan
2. Jasram Meena S/o Vishanswaroop Meena, Aged About 30
Years, R/o- Vpo Dabra, Tehsil Sapotra, Karauli, Rajasthan
3. Ashok Kumar S/o Hari Ram, Aged About 26 Years, R/o-
Jalberi Ranasar Kallan, Dhorimana, Barmer, Rajasthan
4. Chandrakala Delu D/o Hansraj Delu, Aged About 28
Years, R/o-C-31, Purani Shivbari Road, Ambedkar Colony,
Bikaner, Rajasthan
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5. Amar Singh S/o Indraj, Aged About 33 Years, R/o- Vill. 34
Mjd, Vpo- Morjanda Khari, Tehsil Sadulsahar, Lalgarh, Sri
Ganganagr, Rajasthan
6. Manoj Kumar Pankaj S/o Ramdayal Raiger, Aged About 30
Years, R/o 18, Raigro Ka Mohalla, Harsoli, Jaipur,
Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Its Chief Secretary,
Government Secretariat, Jaipur, Rajasthan
2. Rajasthan Public Service Commission, Ajmer Through Its
Secretary, Ghooghara Ghati, Jaipur Road, Ajmer.
3. The Director General Of Police, Rajasthan, Police
Headquarter, Jaipur
4. Director, Central Bureau Of Investigation (CBI), CBI
Headquarters, CGO Complex, Lodhi Road, New Delhi-
110003.
----Respondents
S.B. Civil Writ Petition No. 2837/2025
Maneesh Choudhary S/o Shri Sheeshram Choudhary, Aged About
29 Years, R/o Village Pejuka, Post Bhaloji, Via Rajnota, Tehsil
Kotputli, District Kotputli-Behror (Raj.)
----Petitioner
Versus
1. The State Of Rajasthan, Through Its Principal Secretary,
Department Of Home, Govt. Of Rajasthan, Secretariat,
Jaipur.
2. The Director General Of Police, Police Headquarters,
District Jaipur, Rajasthan.
3. The Secretary, Rajasthan Public Service Commission,
District Ajmer, Rajasthan.
4. The Additional Director General Of Police, Special
Operation Group, Jaipur, Rajasthan.
5. Naresh Kumar S/o Bhera Ram, Aged About 24 Years, R/o
Village And Post Malwara, Tehsil Chitalwana, PS-
Chitalwana, District Jalore, Sanchore- 323041, Currently
In Judicial Custody At Central Jail, Agra Road, Near Ghat
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Gate, Central Jail, Fateh Tibba, Adarsh Nagar, Jaipur,
Rajasthan 302003.
6. Devesh Raika S/o Ramuram Raika, Aged About 30 Years,
R/o Village And Post Gagwana, Ps- Rol, District Nagaur-
341027, Presently Trainee As Sub-Inspector At Rajasthan
Police Academy, Panipech, Nehru Nagar, Jaipur 302016,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. R.P. Singh, Sr. Adv. Assisted by
Mr. Harendar Neel &
Mr. Jaivardhan Singh Shekhawat
Mr. Kuldeep Singh Rathore
Mr. Prakash Lamba
Mr. O.P. Solanki
For Respondent(s) : Mr. Rajendra Prasad, AG with
Ms. Dhriti Laddha, Ms. Harshita
Thakral & Mr. Tanay Goyal
Mr. R.N. Mathur, Sr. Adv. Assisted by
Mr. Digvijay Singh Rajawat,
Mr. Utkarsh Dubey &
Mr. Prateek Mathur
Mr. A.K. Sharma, Sr. Adv. Assisted by
Mr. Rachit Sharma
Mr. Vigyan Shah, AAG with
Mr. Yash Joshi, Mr. Sankalp Vijay,
Mr. Pulkit Bhardwaj, Mr. Rohit Tiwari,
Mr. Priyam Agarwal,
Ms. Ritika Naruka, Ms. Tanisha Pant &
Ms. Manisha Agarwal
Mr. M.F. Baig
Mr. Tanveer Ahamad with
Mr. K. Khan & Mr. Prithvi Pal
Mr. Swadeep Singh Hora with
Ms. Varuni Agarwal
Mr. Akshay Bhardwaj with
Mr. Ajay Singh
Ms. Ajeta Chauhan
Mr. Deen Dayal Sharma
Ms. Nachiketa Pareek
Mr. Tribhuvan Narayn Singh
Mr. Yuvraj Singh Rajawat
Mr. Shreyans Jain for
Mr. Amit Lubhaya
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HON'BLE MR. JUSTICE SAMEER JAIN
Judgment
REPORTABLE
Reserved on: 14/08/2025
Pronounced on: 28/08/2025
PARTS Contents Page Nos.
Part I Prefatory Remarks 18-20
Part II Factual Narrative 20-35
Submissions 35
A. Submission of Petitioners 35-44
B. Submission of Respondents 44-57
Part III (i) On Behalf of Respondent Nos. 1-4 44-49
(ii) On behalf of Respondent Nos. 7-49 i.e. 49-54
Successful Candidates
(iii) On behalf of Respondent Nos. 50-59, 54
Respondent No. 5 and Remaining
Respondents
(iv) On Behalf of Respondent No. 3 i.e. RPSC 54-55
(v) On Behalf of Enforcement Directorate 55-57
Discussions and Findings 57-173
58-59
A. Maintainability of the Petitions
(i) Previous Conduct and Constructive Res 59-68
Judicata
(ii) Failure to amend prayers rendering the 68-76
petitions infructuous
Part IV
(iii) Principles of Delay, Estoppel, 76-83
Acquiescence and waiver
B. Position of law as expounded by the 83-104
Hon'ble Supreme Court of India over the years
C. Key Takeaways from the cited legal 104-106
authorities/precedents
D. Illegalities in the Selection/Recruitment 106-135
Process
E. Effect of the noted illegalities on the 135-157
integrity and future of the impugned
recruitment process of Sub-Inspector 2021
F. Previously concurring views exhibited by the 157-165
Advocate General and the Cabinet Committee
with those expressed by the Chairman, SIT
dated 13.08.2024 as well as the Director
General of Police
G. Fraud at the Grassroot Level Active 166-173
Involvement and Participation of members of
the RPSC
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Part V Conclusion 173-190
Part VI Directions 190-192
Part VII Suo Moto Cognizance and PIL 192-202
Prefatory Remarks
1. In the present batch of writ petitions, the scope of the
controversy involved, albeit not limited to but is broadly and
predominantly defined by the allegedly inequitable, deceitful, and
malpractices-ridden examination process undertaken by the
Rajasthan Public Service Commission (hereinafter, RPSC) for
recruitment of candidates on the post of Sub-Inspector in
pursuance of Advertisement No. 08/2021 dated 03.02.2021 issued
under the Rajasthan Police Subordinate Service Rules, 1989 along
with the Rajasthan Scheduled Areas Subordinate, Ministerial and
Class IV Service (Recruitment and Other Service Conditions)
Rules, 2014.
2. Therefore, considering the fact that the writ petitions
warrant adjudication of common questions of law, with the
consent of learned counsel appearing on behalf of all the parties,
S.B. Civil Writ Petition No. 13806/2024 titled as Kailash
Chand Sharma and Ors. vs. State of Rajasthan and Ors., is
being taken up as the lead case for the purpose of recording the
arguments. It is cautiously clarified that discrepancies in the
present batch of writ petitions, if any, pertain purely to the factual
narratives contained therein and not viz-a-viz the questions of law
to be determined by this Court.
3. For the sake of clarity, the prayers sought by way of the
present petitions are reproduced herein-under:-
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"In these circumstances, it is, therefore, prayed that this
Hon'ble Court may be pleased to accept this writ petition
and;
i the impugned final result dated 01.06.2023,
impugned appointment orders dated 21.09.2023,
04.10.2023, 06.03.2024, 06.06.2024 and 31.07.2024 in
pursuance of Advertisement No. 08/2020-21 dated
03.02.2021 for SI Recruitment Examination 2021 may
kindly be declared illegal and arbitrary and the same may
be quashed and set aside;
ii the impugned actions of the respondent authorities
of not cancelling the entire recruitment process of SI
Recruitment Examination 2021 and also of not cancelling
the appointment orders of selected candidates in
pursuance of SI Recruitment Examination 2021 initiated
vide Advertisement No. 08/2020-2021 dated 03.02.2021
may kindly be declared illegal and arbitrary and the same
may kindly be quashed and set aside;
iii the respondents may kindly be directed by issuing
appropriate writ, order or direction in the nature thereof:
a the investigation of Special Operations Group
(SOG) may kindly be monitored by this Hon'ble Court
with regard to the mass paper leakage and other
irregularities in the SI Recruitment Examination
conducted from 13.09.2021 to 15.09.2021;
b the record of the investigation by SOG with
regard to the mass paper leakage and other
irregularities in the SI Recruitment Examination
conducted from 13.09.2021 to 15.09.2021 may
kindly be directed to be placed before this Hon'ble
Court;
c the record of the investigation by police officials
(other than SOG) with regard to mass paper leakage
and other irregularities in SI Recruitment
Examination conducted from 13.09.2021 to
15.09.2021 may kindly be directed to be placed
before this Hon'ble Court;
d any report submitted by the Special Operations
Group (SOG) to the State Government with regard to
the mass paper leakage and other irregularities in
the SI Recruitment Examination 2021 may kindly be
directed to be placed before this Hon'ble Court;
e the examination conducted from 13.09.2021to
15.09.2021 of SI Recruitment Examination 2021 may
kindly be quashed and set aside being vitiated on
account of leakage of question paper;
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f to conduct fresh recruitment process for
appointment on the post of Sub-Inspector to be
conducted by the recruitment board without
indulging into any malpractices;
g to treat humble petitioners eligible and within
age-limit for appointment in the next recruitment on
the post of Sub-Inspector, as and when they were
eligible when they applied for the post of Sub-
Inspector in pursuance of the SI Recruitment
Examination 2021 initiated vide Advertisement No.
08/2020-2021 dated 03.02.2021;
iv Any other appropriate order or direction which this
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."
Factual Narrative
4. The ineluctable facts, necessary for discerning the
issue(s) at hand, are concisely noted herein-under:-
4.1 That the respondent no.3 i.e. RPSC, which is a
Constitutional body created under Article 315 of the Constitution
of India, administered with the task of supervising and also
organizing the recruitment examinations for public service posts in
the State of Rajasthan, issued an advertisement dated 03.02.2021
for selection on the post of Sub-Inspector under the Rajasthan
Police Subordinate Service Rules, 1989 (hereinafter, Rules of
1989) along with the Rajasthan Scheduled Areas Subordinate,
Ministerial and Class IV Service (Recruitment and Other Service
Conditions) Rules, 2014 (hereinafter, Rules of 2014). (Annexure-
1)
4.2 That in the advertisement dated 03.02.2021, the total
number of posts outlined for recruitment were 859. (Annexure-1)
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4.3 That the criteria of selection prescribed by the
advertisement dated 03.02.2021 was in consonance with the
Rules of 1989. The selection was based on three stages of
examination, namely Written Examination (Stage I), Physical
Efficiency Test (Stage II) and the Interview (Stage III). The
qualifying marks, in each of the different stages of the
examination varied, depending upon the category to which the
candidates belonged (SC/ST/General), in addition to several
relaxations for women candidates. (Annexure-1)
4.4 That the RPSC vide corrigendum advertisement dated
07.06.2021 provided certain relaxations, in terms of age, to the
students belonging to the EWS Category. (Annexure-2)
4.5 That the petitioners, having met the conditions
prescribed by the advertisements, participated in the recruitment
process and submitted their applications online. (Annexures 3 and
4)
4.6 That the respondent-RPSC conducted the Stage I
Written Examination from 13.09.2021 to 15.09.2021. The result of
the said examination was declared on 24.12.2021. (Annexure-5)
4.7 That it is an admitted and undisputed fact of record
that prior to the conduct of the Sub-Inspector Recruitment
Examination 2021, there was a leakage of examination papers
across the State of Rajasthan. In this regard, it is pertinent to take
note of the various FIRs which were filed in the State alleging
malpractices in the conduct of the examination, namely:-
(i) FIR No. 0331/2021 dated 13.09.2021 registered at
Police Station Kotawali Pali, District Pali under Sections
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417, 188 and 120B of IPC, 66D of IT Act, 2008 and
Sections 4,6 and 6(a) of the Rajasthan Public
Examination (Prevention of Unfairness) Act, 1992
(hereinafter, Act of 1992). The FIR alleged mass leakage of
the written examination paper, citing an incident where the
Vigilance Authorities confiscated a Redmi Multimedia Mobile
from a candidate, namely Rajesh Beniwal, in which the solved
examination paper was found, claimed to have reached him
through a coaching institute in Bikaner. (Annexure-6)
(ii) Final Report No. 02 dated 07.12.2021 in FIR No.
0331/2021: The final report, as submitted by the police
authorities after having conducted thorough investigation in
the FIR mentioned above, showcased the role of gangs
involved in leakage of papers for public recruitment exams. It
is noted, as per the final report, that the examination paper
for the Sub-Inspector exam was leaked for a sum of Rs. 15
lakhs, whereas the paper for the specific subject of Hindi was
leaked for Rs.2 lakhs. (Annexure-7)
(iii) FIR No. 0360/2021 dated 14.09.2021 registered at
Police Station Bikaner, Naya Sehar under Sections 420
and 120B of IPC, Section 66D of IT (Amendment) Act,
2008 and Sections 3,4,5 and 6 of the Act of 1992. The
FIR alleged that the gang was involved in a systemic leakage
of the question paper at House No. 193, Murlidhar Vyas
Colony Bikaner, at the hands of several individuals, which also
included figures such as the heads of coaching institutes and
Secretary(s) of Public Schools in the District of Bikaner. In this
regard, it was noted that several solved question papers were
found in the handheld devices of these individuals.
(Annexure-8)
(iv) Final Report No.01 dated 02.02.2022 in FIR No.
360/2021: The final report, as submitted by the police
authorities after having conducted thorough investigation in
the FIR mentioned above, showcased the role of gangs
involved in leakage of papers for public recruitment exams, in
exchange of large sums of money. (Annexure-9)
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(v) FIR No.0326/2021 dated 13.09.2021 registered at
Police Station, Ramnagriya, Jaipur City (East) under
Sections 420 and 120B of IPC. The FIR alleged mass
leakage of solved question papers, whereby the accused were
alleged to be sitting in a parked vehicle outside VIT College,
communicating with the students via call, to offer them solved
question papers in exchange of money. (Annexure-10)
(vi) FIR No.0376/2021 dated 14.09.2021 registered at
Police Station Bhilwara, Subhash Nagar for offences
under Sections 419, 420 and 120B of IPC. The FIR
alleged that the gang members, involved in the mass leakage
of solved question papers, were sitting in a parked vehicle
outside Gayatri Aashram, having conversations with
candidates for delivering the solved papers in exchange of
money. Additionally, the FIR also alleged the planting of
dummy candidates at the examination center for appearing in
the examination. (Annexure-11)
(vii) FIR No.0555/2021 dated 15.09.2021 registered at
Police Station Brahampuri, Jaipur City (North) for
offence under Sections 420, 419, 467, 468,471 and
120B of IPC and Sections 5 and 6 of the Act of 1992.
The FIR alleged the placement of dummy candidates for
appearing in the recruitment examination, in place of the
actual candidates in whose names the admit cards were
issued. (Annexure-12)
(viii) FIR No. 0335/2021 dated 15.09.2021 registered at
Police Station Kotawali Pali, District Pali for offences
under Sections 417, 419 and 120B of IPC and Sections
4 and 6 of the Act of 1992. The FIR alleged the placement
of dummy candidates for appearing in the recruitment
examination, in place of the actual candidates in whose
names the admit cards were issued. (Annexure-13)
(ix) FIR No. 820/2021 dated 17.09.2021 registered at
Police Station Kotawali Alwar, District Alwar for
offences under Sections 417, 419 and 120B of IPC and
Sections 4 and 6 of the Act of 1992. The FIR alleged that
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one candidate, namely Jaidev Sharma, contrary to the rules of
the examination, carried his mobile phone in the examination
center, and uploaded an image of his OMR sheet on social
media, which soon became viral and reached several other
candidates. (Annexure-14)
(x) FIR No. 0297/2021 dated 24.09.2021 registered at
Police Station Dhambola, District Dungarpur for
offences under Sections 420, 467,468,471 and 120B of
IPC and Sections 3 and 6 of the Act of 1992. The FIR
alleged that one Bhanwaral Kadwasra, a teacher of
Government Upper Primary School, Kadwal was running the
racket of planting dummy candidates, in place of actual
candidates, for giving examination in various recruitment
examinations including the subject Sub-Inspector Examination
2021. A total sum of Rs. 12,17,800/- was also recovered from
his residence. (Annexure-15)
4.8 That several candidates, including some of the
petitioners, also filed complaints before the respondent-authorities
for cancellation of the examination paper on account of the mass
leakage of the solved question paper before the conduct of the
examination, alleging the loss of sanctity of the recruitment
process. However, the respondent-authorities did not cancel the
recruitment process and decided to proceed with it. Accordingly,
the result of the written examination was declared on 24.12.2021.
4.9 That Stage II of the recruitment process i.e. Physical
Efficiency Test was conducted by the respondent authorities at
Ajmer, Jaipur I, Jaipur II, Udaipur, Kota and Jodhpur.
4.10 That the respondent-RPSC issued the result dated
11.04.2022 after the culmination of the Physical Efficiency Test, in
pursuance of which, the selected candidates, including some of
the petitioners, were called for the Interview i.e. Stage III.
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4.11 That the respondent-RPSC declared the impugned final
result dated 01.06.2023, in which the petitioners litigating before
this Court, were declared unsuccessful. (Annexure-21)
4.12 That in pursuance of the impugned final result dated
01.06.2023, the DGP Jaipur issued the impugned appointment
orders dated 21.07.2023 and 04.10.2023, thereby appointing
candidates on the post of Sub-Inspector. (Annexures-22 and 23).
4.13 That meanwhile, several FIR's also came to be lodged
before the Special Operations Group (SOG) and ATS alleging the
mass leakage of the written examination papers of the SI
Recruitment Exam 2021 and also, regarding the placement of
dummy candidates across the State of Rajasthan for appearing in
the examination, in place of the actual candidates in whose names
the admit cards were issued. The crux of some of the FIRs lodged
before the SOG is noted herein-under:-
(i) FIR No. 0002/2024 dated 01.02.2024 registered at
Special Police Station (SOG) and ATS for the offence
under Sections 419, 420, 468, 471, 120B of IPC and
Sections 3,4 and 6 of the Act of 1992. The FIR alleged
that the selected candidate in the impugned final result dated
01.06.2023, namely Mr. Daluram Meena who appeared at
Merit No. 1402, did not appear in the written examination and
in his place, a dummy candidate appeared. Moreover, when
the police conducted investigation into the said allegations,
the same were found to be true and consequentially, a FIR
was lodged against Mr. Daluram Meena and the dummy
candidate namely Harish alias Harchand. (Annexure-24)
(ii) FIR No.0010/2024 dated 03.03.2024 registered at
Police Station, Special Police Station (SOG) and ATS for
the offence under Sections 419, 420, 120B of IPC,
Section 66D of the IT (Amendment) Act 2008 and
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Sections 4,5 and 6 of the Act of 1992. The FIR alleged a
systemic leakage of papers and malpractices in the conduct of
SI Recruitment Examination 2021 across the State of
Rajasthan. (Annexure-25)
4.14 That it is also a matter of record that previously a FIR
numbering 540/2020 was registered at Police Station
Sanganer, Jaipur East for the offences under Sections 420,
120B of IPC and Sections 4 and 6 of the Act of 1992, and
during the investigation, it came to light that in Ravindra Ban
Bharti Senior Secondary School situated at Shantinagar,
Hasanpura, Jaipur, Mr. Rajesh Khandelwal worked as a Center
Superintendent. The said institute also happened to be a center
for the SI Recruitment Examination 2021. The investigation
revealed that the kingpin of the organized paper leakage gang in
the SI Recruitment Examination 2021 namely Jagdish Bishnoi
along with his associates, was in active contact with said Mr.
Rajesh Khandelwal for the past 6-7 years. In the past, they
systemically took the help of Mr. Rajesh Khandelwal for leaking the
examination papers for public recruitment exams so that they
could provide the same to candidates across the State for a hefty
price.
4.15 That it is a matter of record that in pursuance of the
above mentioned FIRs, several candidates involved in participating
in the examination whilst exercising unfair means, who happened
to have been declared successful on account of the same, were
arrested by the SOG during investigation. The said arrests gained
traction across the State of Rajasthan, having been reported in
several newspaper publications. (Annexure 26)
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4.16 That the fact of mass leakage of question papers also
gets further support from the fact that previously, the State of
Rajasthan had preferred S.B. Criminal Misc. Petition
numbering 2300/2024 titled as State of Rajasthan and Ors.
vs. Subhash Bishnoi and Ors., before this Court, challenging
the trial court's order of allowing the conditional release of 12
accused individuals in the mass paper leakage scandal, on account
of non-compliance of certain mandates of the Code of Criminal
Procedure by the SOG. The factum of the filing of the said petition,
ipso facto confirmed the claims of mass leakage of question
papers in the impugned recruitment process, with regards to
which an investigation was ongoing, being led by the SOG.
(Annexure-27)
4.17 That it is a matter of record that despite the lodging of
FIRs by the SOG, coupled with the investigation conducted in
pursuance thereof, the respondent-State proceeded with the
appointment process of the selected candidates. Resultantly, the
respondent-State issued the impugned appointment orders dated
06.03.2024, 06.06.2024 and 31.07.2024 qua the selected
candidates for the SI Recruitment 2021. (Annexures-28, 29 and
30)
5. Having taken note of the chronological factual matrix of
the instant matter, which has led to the present lis being litigated
before this Court, it would be appropriate to explicitly highlight
certain factual developments, which have come to light during the
pendency of proceedings before this Court. The noted
developments are detailed herein-under:-
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5.1 That on 13.08.2024, the Additional Director General-
SOG and ATS, issued a letter i.e. Annexure-37, with the
observation that the impugned selection process is devoid of
confidentiality and transparency. Therefore, it was recommended
that the same be cancelled in the interest of public justice.
5.2 That during the course of proceedings, several
successful candidates, who were issued letters of appointment
with regards to the SI Recruitment Examination 2021 were
impleaded as party respondents, opposing the prayer of quashing
of the entire recruitment process.
5.3 That during the course of proceedings before this
Court, a letter dated 10.12.2024, which was undersigned by the
Joint Secretary (Police) was issued to the Joint Secretary (CMO),
highlighting the following developments, namely:-
(I) The constitution of a SIT i.e. Special Investigation Team
on 16.12.2023 under the Chairmanship of the Additional
Director General Police, Mr. Vijay Kumar Singh IPS, to
investigate the claims of paper leakage.
(II) That upon investigation conducted in the FIR filed before
the SOG numbering 10/2024 under various provisions, it was
revealed that several unfair methods, on a large scale, were
used in the SI Recruitment Examination 2021, due to which
numerous tainted candidates were declared successful in the
examination. Furthermore, the letter dated 10.12.2024 also
explicitly recorded the observation that it would not be
possible for the investigation authorities to identify all the
tainted trainees who had benefited from the use of unfair
means in the SI Recruitment Examination, from those that
were genuinely eligible.
(III) That the Director General of Police vide letter dated
22.08.2024 agreed with the recommendations of the
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Additional Director General of Police- SOG and ATS, coupled
with the recommendations of the Chairman SIT regarding the
cancellation of the SI Recruitment Examination 2021.
Accordingly, the Director General of Police forwarded the
report of the Chairman SIT dated 13.08.2024 to the Home
Department, Government of Rajasthan.
(IV) That the Chairman SIT, vide his report dated 13.08.2024,
made the following recommendations and/or observations with
regards to the probable future discourse of the SIT
Recruitment 2021, noted herein-under:-
a) That the SI Recruitment Examination 2021 be
cancelled and thereafter, a new notification/advertisement
be issued for a fresh recruitment process.
b) That the candidates who appeared/participated in the
SI Recruitment Examination 2021, be given at least 3
month's time to prepare for the novel/fresh examination. A
recommendation for granting age relaxation qua the said
candidates was also noted in the report dated 13.08.2024.
c) That if the Sub-Inspector's selected vide the
recruitment process of 2021, who are undergoing training,
happen to fail in the fresh recruitment examination, then
those candidates alternatively be provided an additional
opportunity in the next recruitment exam by bestowing
relaxation in terms of age.
d) That the recommendations made by the Director
General of Police, State Government and the report of the
SIT were forwarded to the Advocate General for the State of
Rajasthan and the latter, in his opinion dated 14.09.2024
also recommended the cancellation of the recruitment
process.
e) That relying upon the recommendations made by the
Director General of Police, opinion of the Advocate General
and the report of the SIT, which were presented for the
perusal and approval of the Chief Minister of the State, a
committee was constituted by the Cabinet Secretariat on
01.10.2024 to examine the situation and arrive at a
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decision qua the future of the SI Recruitment 2021. The
members of the said committee included 6 Cabinet
Ministers of the State Government.
f) That the first meeting of the said Committee was held
on 07.10.2024, whereas the second meeting took place on
10.10.2024. The second meeting was also attended by the
Principal Secretary to the State Government, Law Secretary
to the Government Personnel Department and Secretary,
RPSC.
g) The Committee so constituted, at the behest of the
Chief Minister of the State, recommended the following
actions regarding the future of the SI Recruitment
Examination 2021, namely:-
(i) That the Committee was in agreement with the
Director General's opinion unanimously, which was arrived
at on the basis of the investigation report of the SIT.
(ii) That in view of all the facts presented before the
Committee, including the opinion of the Advocate General,
the Committee agreed on the fact that the entire
recruitment process had proven to be tainted from the
very beginning, where Sub-Inspectors were recruited by
adopting unfair means, which saw unqualified candidates
in public service posts. It was specifically noted that such
candidates would be unable to live up to the sacred oath
of the Rajasthan Police, which is "Trust in the common
man and fear in the criminals".
(iii) The Committee based its findings on the view that
for a corruption free administration in the State, the
people of the State coupled with Government expect that
only personnel with a clean and transparent track record
be selected on such vital posts of Sub-Inspectors, which is
amiss in the impugned selection process of 2021.
h) That accordingly, the final decision of the Committee
was based on the findings/ recommendations forwarded by
the Additional Director General of Police, ATS and SOG
coupled with SIT to the Director General of Police, to cancel
the SI Recruitment Examination 2021, to which the Director
General of Police gave his consent.
(i) That based on the above findings, the Committee
recommended the cancellation of the impugned selection
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process and issued directions to the respondent-RPSC to
conduct the recruitment examination again by including all
the candidates who had applied in the previously conducted
SI Examination, with extra care and caution for complete
transparency in the recruitment process.
(j) The said recommendation(s) of the Committee were
forwarded for the perusal of the Chief Minister of the State
of Rajasthan.
(V) That considering the foregoing report of the Committee,
during the course of proceedings before this Court, vide order
dated 06.01.2025, this Court categorically directed the
responded-State to submit their definitive and final stance
with regards to whether or not the State is in agreement with
the aforementioned recommendations qua the cancellation of
the recruitment process of 2021. Moreover, vide order dated
06.01.2025, this Court also directed the respondent-State to
maintain the status quo in the recruitment process of 2021
and not to initiate any training/field training programmes qua
the selected candidates until the controversy is resolved,
failing which, contempt proceedings could be attracted.
(VI) That the order dated 06.01.2025, as passed by this
Court, was challenged by the respondents who are the
successful candidates of the SI Recruitment Examination 2021
before the Division Bench of this Court in D.B. SAW No.
50/2025 titled as Chetanya Singhal and Ors. vs. State of
Rajasthan and Ors. However, the learned Division Bench,
without a deep dive into the factual contentions of the
appellants, issued directions for this Court to culminate the
proceedings expeditiously vide order dated 22.01.2025,
preferably within a period of two weeks, from the date of
culmination of pleadings before the Court, as the controversy
involved was crucial as it encompasses the fate of thousands
of young individuals.
(VII) That during the course of proceedings, on 10.02.2025,
the respondent-State sought clarification from the court
regarding the directions issued qua the maintenance of status
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quo, to the effect that whether or not criminal proceedings
could be initiated against the successful candidates, if it is
proved during investigation that the said candidates were
involved in adopting unfair means in the impugned
examination. In response, the court clarified that the order of
status quo shall in no way impede upon the State's right to
conduct investigation and arrest the accused. As a result of
the said clarification, several arrests were made by the State,
including some members of the respondent-RPSC, which is the
very body tasked with the fair administration of the SI
Recruitment Examination 2021.
(VIII) That during the regular conduct of the proceedings
before this Court, in consonance with the order of the Division
Bench dated 22.01.2025, the respondent-State on 21.02.2025
sought two months' time to arrive at a final decision regarding
the fate of the SI Recruitment Examination 2021, due to
certain administrative exigencies. The said liberty was given
and the matter was kept for final hearing, whilst reiterating
the position of the Court permitting the State to make arrests
qua the accused, as and when investigation proceeds further.
(IX) That despite the relaxation of two month's time to arrive
at a final decision, as accorded by this Court, when the matter
was listed before this Court on 05.05.2025, a further
extension was sought to decide the fate of the Sub-Inspector
Recruitment Examination 2021. On the said date, the
Enforcement Directorate, arrayed as a party-respondent, also
weighed in and submitted before the Court that they were
seized of the matter, whilst seconding the stance of the
investigation authorities regarding the recording of wide
spread malpractices in the impugned selection process.
(X) That on 01.07.2025, when the matter was listed before
the Court, the learned Advocate General apprised the Court of
the decision arrived at by the office of the Chief Minister, in
pursuance of the meeting conducted on 28.06.2025, whereby
the fate of the SI Recruitment Examination was ascertained to
the result that the same shall not be quashed and initiated
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afresh, at this stage. Rather, it was opined that the selection
process be continued, whilst the investigation authorities carry
out arrests of the tainted candidates, in order to re-instil
public confidence in the recruitment process. Ergo, the
ultimate decision of the State prioritized the need for further
investigation, owing to the principal of proportionality, in order
to carry out more arrests of candidates having prescribed to
unfair means, in order to weed them out from the selection
process and uphold the integrity of the examination.
(XI) That after conducting detailed and prolonged hearings in
the present batch of petitions, whereby due opportunity was
accorded to all the stakeholders, including the petitioners i.e.
unsuccessful candidates, the respondents, which comprised of
the State of Rajasthan, the successful candidates, the RPSC
and the Enforcement Directorate, the judgment was reserved
for consideration and pronouncement on 14.08.2025. The
detailed list of dates with synopsis is reproduced herein
under:-
Sr. Date of Order
No.
1. 08.10.2024 (Adjourned)
2. 23.10.2024 (Adjourned)
3. 18.11.2024 (Interim Order of Status Quo)
4. 22.11.2024 (Adjourned)
5. 06.01.2025 (Detailed Order Regarding Opinion of SIT)
6. 09.01.2025 (R. D. Rastogi Appointed as Amicus
Curaie)
7. 22.01.2025 (Adjourned)
8. 10.02.2025 (Enforcement Directorate directed to be
Impleaded as Party-Respondent)
9. 11.02.2025 (ED Impleaded and SOG report explained
by ADG, SIT)
10. 12.02.2025 (RPSC was directed to Apprise the Court
qua Statistics)
11. 13.02.2025 (AAG made detailed submissions)
12. 17.02.2025 (AAG made detailed submissions)
13. 18.02.2025 (Arguments Heard)
14. 19.02.2025 (Adjourned)
15. 20.02.2025 (Arguments Heard)
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16. 21.02.2025 (Adjournment sought for appropriate
decision to be taken by the State Government)
17. 05.05.2025 (Adjournment sought for appropriate
decision to be taken by the State Government)
18. 15.05.2025 (Adjournment sought for appropriate
decision to be taken by the State Government)
19. 26.05.2025 (Adjournment sought for appropriate
decision to be taken by the State Government)
20. 01.07.2025 (Fixed for Final Hearing & for
Consideration of Minutes of the Meeting of the State
Government)
21. 07.07.2025 (Learned AG made detailed arguments)
22. 08.07.2025 (Recalling/Modification of order dated
07.07.2025)
23. 09.07.2025 (Record from the State Government was
called)
24. 10.07.2025 (Record was Furnished in Sealed Cover
and Arguments made on behalf of Successful
Candidates)
25. 11.07.2025 (Adjourned)
26. 14.07.2025 (Chairman of SIT/SOG was called)
27. 15.07.2025 (Adjourned) [Camera Trial]
28. 17.07.2025 (Record of RPSC was Returned)
29. 22.07.2025 (Adjourned)
30. 24.07.2025 (Adjournment sought on behalf of RPSC
to explain the matter pertaining to information as
given by Examination Centres and Relevant FIRs)
31. 25.07.2025 (Arguments qua Respondents were
Concluded)
32. 28.07.2025 (Adjournment sought on behalf of
Petitioners)
33. 29.07.2025 (Detailed arguments were made by the
petitioners and Directions were issued to Learned AG
to apprise the Court with the Status of Exam)
34. 01.08.2025 (Arguments Continued)
35. 04.08.2025 (Submissions of Petitioners qua
Preliminary Objections and Merits were Concluded and
Arguments for Rebuttal were Continued)
36. 05.08.2025 (Adjourned)
37. 12.08.2025 (Charge-sheets qua Babulal Katara and
Ramuram Raika were called)
38. 13.08.2025 (Arguments of Learned AG were
Concluded)
39. 14.08.2025 (Matters were Reserved)
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SUBMISSIONS
A. Submissions of the Petitioners
6. At the very outset, Major R.P. Singh, Sr. Advocate,
appearing on behalf of the petitioners, emphatically underscored
before this Court a pivotal proposition, asserting that it is the
paramount duty and obligation of the State to ensure that
recruitment examinations for public posts are conducted with
utmost transparency and fairness. This imperative is particularly
pronounced in order to garner and sustain the confidence of the
public at large. Mr. Singh stressed that when the public post in
question pertains to a position of significant responsibility and
importance within the framework of public administration, such as
that of a Sub-Inspector, the necessity for scrupulous integrity and
probity in the recruitment process is magnified manifold. The
rationale for this stringent standard is to instil and maintain an
abiding faith in the efficacy and credibility of the State's
mechanisms for selecting candidates for such critical roles.
7. Learned Senior Counsel further highlighted that any
incidence of malpractices and irregularities in the conduct of such
recruitment examinations, which, it is pertinent to note, stands as
an admitted fact of record in the instant case, has the profoundly
deleterious effect of shaking the confidence, not only of the public
at large but also of the diligent and hard-working candidates who
appeared in the examination. These candidates, it was
emphasized, have spent an inordinate amount of time, studying
and preparing for the examination, thereby placing their legitimate
aspirations and expectations in jeopardy due to circumstances
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entirely beyond their control. Therefore, the lamentable state of
affairs underscores the urgent necessity for the Court to address
and rectify the grievances voiced by the petitioners with the
utmost seriousness and sensitivity with regards to their future.
8. In furtherance of the foregoing submissions, learned
counsel contended that the impugned final result dated
01.06.2023, impugned appointment orders dated 21.09.2023,
04.10.2023, 06.03.2023, 06.06.2024 and 31.07.2024 coupled
with the impugned action of the respondent-State of not cancelling
the entire recruitment process of SI Recruitment Examination
2021, is illegal and arbitrary for the reason that the sphere of
public employment is governed by the mandate of Articles 14 and
16 of the Constitution of India, which are based on the principle of
"equal opportunity", thereby promising the underscored fact that
every candidate shall be selected on the basis of a fair and
transparent selection process in which none of the appearing
candidates shall have an additional undue advantage of having
access to the question papers of the recruitment process or to
their answers, before the examination. Thus, it was argued that
the leakage of examination paper or the answers to the concerned
questions vitiates the selection process as the candidates having
access to such question papers are at an undue advantage on
account of the malpractice and systemic violation at the level of
the selection making and recruitment administering body i.e.
RPSC.
9. Learned Senior Counsel argued that the gang operating
in the State, which is systemically involved through a web/chain of
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individuals connected to officials in positions of power such as
those in-charge of examination centres or secretaries of
educational institutes, as is reflected by way of the FIRs noted
above, has access to such question papers which are then sold to
affluent candidates in exchange for money, resultantly depriving
such candidates who were appearing in the examination based
upon their genuine preparation for the examination and toiling
hard to get selected in public administration. Mr. Singh asserted
that the situation becomes worse when the examination is for
recruitment for the post of Sub-Inspector, in which unemployed
youth appears with the aspiration to get their livelihood for
themselves and their family after preparing hard for such an
examination, in which the entire financial burden falls upon the
shoulders of the candidates families. Thus, the State Government
shoulders a higher responsibility to ensure that every selection is
fair and transparent and in case, even if there is an iota of
evidence that the papers were leaked, it should proceed with the
cancellation of the selection process, as the same shall have the
effect of ensuring that the candidates involved in such
malpractices will be restrained from getting public employment by
using unfair means, to the disadvantage of genuine candidates.
10. Elaborating upon the noted submissions, learned Senior
Counsel emphasised that the impugned action of the State
Government has vitiated the entire selection process due to the
leakage of the question paper, which is not isolated from the
marked presence of dummy candidates at various examination
centres. It was averred that if such a recruitment process is
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saved, merit would be a casualty, which shall in turn generate a
sense of frustration in the deserving candidates seeking
consideration of their candidature for appointment to government
service. The examination process, on account of the impugned
actions, stands denuded of its sanctity, fairness and independent
assessment of merit of the participating candidates.
11. Learned Senior Counsel stressed that the system of
examination in the State has been constant, which has been
pursued over decades and has been accepted by all who are
rational, responsible and sensible, to be an accredited one, for
comparative evaluation of the merit and worth of candidates vying
for public employment. It is thus necessary, for all the role players
in the process, to secure and sustain the confidence of the public
in general and the unemployed youth in particular in the system
by its unquestionable trustworthiness. Such a system is endorsed
because of its sought-after credibility, which is informed by the
tenets of fairness, transparency, authenticity and sanctity, qua
which, there cannot be any compromise at any cost. Having said
that, learned Senior Counsel also highlighted that every
recruitment examination being conducted by a human agency is
likely to suffer from some shortcomings, but deliberate inroads
into its framework of the magnitude and nature, as exhibited by
way of the FIRs noted above, demonstrates a deep-seated and
pervasive impact, which ought not be disregarded or glossed over,
lest it may amount to travesty of a proclaimed mechanism to
impartially judge the comparative merit of the candidates
partaking therein.
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12. Reliance was further placed upon Articles 14 and 16(1)
of the Constitution of India and it was emphasised that a fair and
reasonable process of selection for posts subject to the norms of
equality of opportunity is a constitutional requirement. Where the
recruitment to public employment stands vitiated as a
consequence of systemic fraud or irregularities, the entire process
becomes illegitimate. The requirement that a public body must act
in fair and reasonable terms animates the entire process of
selection. It was underscored that the paper leakage may or may
not involve all of the candidates within the ultimate zone of
selection but that is beside the point for the simple reason that the
gravamen of the charge in the present case is not in regard to the
taint which attaches to the specific group of persons but the
sanctity of the recruitment process as a whole. The precedents of
the Hon'ble Supreme Court, which shall be noted in the averments
to follow, demonstrate the established position of law that when
the credibility of an entire examination stands vitiated by systemic
irregularities, the issue then is not about seeking to identify the
specific candidates who are tainted, but the taint on the
examination conducted as a whole.
13. Learned Senior Counsel further submitted as under:-
13.1 That recruitment to public services must command
public confidence. Persons who are recruited are intended to fulfil
public functions associated with the functioning of the State
Government. Therefore, where the entire process is found to be
flawed, its cancellation may undoubtedly cause hardship to a few
who may not specifically be found to be involved in wrong-doing.
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But that is not sufficient to nullify the ultimate decision to cancel
an examination where the nature of the wrong-doing cuts through
the entire process so as to seriously impinge upon the legitimacy
of the examinations which have been held for recruitment.
13.2 That it is settled law that the cancellation of an
examination, either for the purpose of gaining admission into
professional and other courses or for the purpose of recruitment to
a government post, is justified in cases where the sanctity of the
exam is found to be compromised at a systemic level. The courts
may direct the cancellation of an examination or approve such
cancellation by the competent authority when it is not possible to
separate the tainted candidates from the untainted ones. In this
regard, to substantiate upon the systemic flaws in the SI
Recruitment Examination 2021, learned counsel highlighted the
following systemic deficiencies and widespread malpractices,
namely:-
a. Systemic shortcomings on part of the RPSC in conducting the
impugned examination, such as the absence of the otherwise
promised biometric systems at entrances for preventing the entry
of dummy candidates, CCTV surveillance and videography at
examination centers, amongst other things, which during the
investigation have proved to be pivotal shortcomings for a fair and
thorough investigation. (Re: SIT Report dt. 13.08.2024)
b. The large presence of dummy candidates at examination
centers, who appeared in the place of actual candidates, many of
whom were placed through organized gangs, with several accused
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missing as per the SIT Report dated 13.08.2024, suggesting the
possibility of uncovering many tainted candidates in the future.
c. The SIT report dated 13.08.2024 uncovered widespread
leakage of examination papers across the State of Rajasthan,
including in the districts of Bikaner, Ajmer, Udaipur, Pali and Jaipur
amongst others. The said leakage was done at the behest of
organized gangs, through the support of exam superintendents,
principals of schools that were noted examination centers, past
habitual offenders of paper leaks, members of the RPSC etc.,
highlighting the lamentable state of public administration in such
sensitive examinations. The report dated 13.08.2024 underscores
the possibility of several key accused still absconding, thereby not
ruling out the chances of many tainted candidates still being
uncovered.
d. The widespread confiscation of Bluetooth and handheld devices
from the examination centers, which were used for either
circulating solved OMR sheets on social media or communicating
with paper solving gangs placed outside the examination centers.
13.3 That for cancellation of an examination, it has to be
considered whether the fresh examination was proportionate to
the nature of the grievance and the extent to which the integrity
of the exam was vitiated. The number or portion of students who
can be believed to have indulged in malpractice is a relevant factor
in deciding cases such as the present one, in which a large
number of students have indulged in the mass leakage of the
question paper of the SI Examination 2021.
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13.4 That the sanctity of the impugned examination was
compromised at a systemic level, as opposed to a few instances of
individual malpractices.
13.5 That during the pendency of the subject litigation, on
13.08.2024, even the Additional Director General- SOG and ATS,
issued a letter i.e. Annexure-37, with the observation that the
impugned selection process has been rendered devoid of
confidentiality and transparency. Therefore, it was recommended
that the same be cancelled in the interest of public justice.
13.6 That the letter dated 10.12.2024, which was
undersigned by the Joint Secretary (Police) was issued to the Joint
Secretary (CMO), expressly highlighting the fact that the Special
Investigation Team (SIT) as constituted on 16.12.2023 revealed
that several unfair methods, on a large scale, were used in the SI
Recruitment Examination 2021, due to which numerous tainted
candidates were declared successful in the examination.
Furthermore, the letter dated 10.12.2024 also explicitly recorded
the observation that it would be impossible for the investigation
authorities to identify all the tainted trainees who had benefited
from the use of unfair means in the SI Recruitment Examination,
from those that were genuinely eligible.
13.7 That even the Advocate General of the State of
Rajasthan, in his initial/premier opinion dated 14.09.2024, after
having perused through the findings of the SIT, recommended the
cancellation of the recruitment process.
14. Therefore, in summation, learned Senior Counsel
reiterated and prayed that looking to the arguments noted above,
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the impugned final result dated 01.06.2023 in conjunction with
the impugned appointment orders dated 21.09.2023, 04.10.2023,
06.03.2024, 06.06.2024 and 31.07.2024 may kindly be declared
illegal and arbitrary and consequently be quashed and set aside.
Moreover, the entire selection process, which has been wholly
tarnished by malpractices, be cancelled and a fresh one be
conducted with more attention to detail sans any systemic
malpractices.
15. In support of the arguments noted above, learned
Senior Counsel placed reliance upon the dictum as enunciated in
State of West Bengal vs. Baishakhi Bhattacharyya
(Chatterjee) and Ors.: Special Leave Petition (Civil) No.
9586/2024; Bihar School Examination Board vs. Subhas
Chandra Sinha and Ors. reported in (1970) 1 SCC 648;
Madhyamic Shiksha Mandal MP vs. Abhilash Shiksha Prasar
Samiti and Ors. reported in (1998) 9 SCC 236; Inderpreet
Singh Kahlon and Ors. vs. State of Punjab and Ors. reported
in (2006) 11 SCC 356; Chairman All India Railway
Recruitment Board and Anr. vs. K. Shyam Kumar and Ors.
reported in (2010) 6 SCC 614; State of Tamil Nadu and Anr.
vs. A. Kalaimani and Ors. reported in (2021) 16 SCC 217;
Gohil Vishvaraj Hanubhai and Ors. vs. State of Gujarat and
Ors. reported in (2017) 13 SCC 621; Tanvi Sarwal vs. CBSE
and Ors. reported in (2015) 6 SCC 573; Sachin Kumar and
Ors. vs. Delhi Subordinate Service Selection Board and Ors.
reported in (2021) 4 SCC 631; Vanshika Yadav vs. Union of
India and Ors. reported in (2024) 9 SCC 743; C.
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Channabasavaih etc. vs. State of Mysore and Ors. reported in
AIR 1965 SC 1293; State of Rajasthan vs. Indraj Singh
reported in (2025) SCCOnline SC 518 and Ajay Kumar Shukla
vs. Arvind Rai reported in (2022) 12 SCC 579.
B. Submissions of the Respondents
I) On behalf of Respondent Nos. 1-4 i.e. State of
Rajasthan, Director General of Police, Secretary (RPSC) and
Additional Director General of Police, SOG (Jaipur) , in
conjunction with the counsel for the successful candidates.
16. At the outset, prior to voicing arguments on merits,
learned counsel for the respondents vehemently contested the
maintainability of the present batch of writ petitions before the
Court. In this regard, learned Advocate General Mr. Rajendra
Prasad along with Mr. R.N. Mathur, Mr. A.K. Sharma, Mr. Vigyan
Shah, Mr. Tanveer Ahmed, Mr. M.F. Baig, Mr. Tribhuvan Narayan
Singh and Mr. R.D. Rastogi directed the court's attention to the
first prayer sought by way of the present petitions, which is in
relation to the declaration of not only the impugned final result
dated 01.06.2023 as illegal and arbitrary and to get it quashed
and set aside, but also to declare the impugned appointment
orders dated 21.09.2023, 04.10.2023, 06.03.2024, 06.06.2024
and 31.07.2024 as illegal and arbitrary and to quash and set them
aside. In this regard, learned Advocate General argued that it is
trite law that when a result is challenged where the candidates are
only selected, in that case their impleadment in representative
capacity is sufficient for twofold reasons i.e. (a) the candidate has
not acquired the status of a civil servant (b) selected candidate
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can claim right of appointment based on mere selection. However,
in a case, such as the present one, where appointment orders
have been issued, then such selected candidates do not merely
act as selected candidates but also simultaneously gain the status
of civil servants and therefore, are protected by Article 311 of the
Constitution of India, having acquired the lien on the post on
which they have been appointed. In such circumstances, when
their appointment orders are challenged, each one of them is a
necessary party and the writ petition cannot sustain by impleading
only a few of them in a representative capacity.
17. Furthermore, learned Advocate General, in order to
highlight delay on part of the petitioners before this Court,
submitted that the final result of the Stage-I examination,
conducted from 13.09.2021 to 15.09.2021, was declared way
back on 24.12.2021. The allegations in the petition relate to the
alleged wrongs committed during the Stage-I written examination.
Moreover, the facts noted above, further highlight that even the
FIRs in said regard were registered way back in the month of
September 2021 itself, whereas in some matters even the final
report was submitted on 07.12.2021 and 02.02.2022. Thus, the
fact that wrongs have been committed in the written examination
was very much known to the petitioners from September 2021 to
February 2022 itself, but the petitioners chose not to question the
validity of the selection process at that time. Therefore, the writ
petition suffers from delay and laches and the same deserves to
be dismissed on this ground alone.
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18. In order to further stress on the prolonged delay on
part of the petitioners in approaching this Court, learned Advocate
General apprised the court that the Stage-II examination i.e.
Physical Efficiency Test was conducted for the selected candidates
in the written examination and on 11.04.2022, the selected
candidates were called for interview. The final result was declared
on 01.06.2023, but still no challenge was made by the petitioners
to the process of selection. Thereafter, admittedly on 21.09.2023
and 04.10.2023, 780 and 19 selections were made on probation.
Despite the said large-scale appointments having been made, the
petitioners did not make any challenge to any court of competent
jurisdiction. Subsequently, said selected candidates were also
assigned ranges across the State, who went for nine weeks
foundation courses, followed by 43 weeks of basic training.
Therefore, it was argued that from the aforesaid facts and
circumstances, it was evidently clear that the petitioners were
very much aware of the wrongs committed during the course of
examination since September 2021, yet they not only allowed the
further stages of selection process being continued but declaration
of final result and making appointments on probation, assignment
of ranges and districts and the appointees being sent for different
trainings. Mr. Prasad vehemently contended that the petitioners
deliberately allowed for third party rights to be created in favour
of the appointees and thus, it is absolutely clear that the petition
suffers from unexplained delay and laches and deserves to be
dismissed on that count alone.
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19. Learned Advocate General further submitted that by the
mere virtue of the decision dated 28.06.2025, as taken by the
State Government not to cancel the Sub-Inspector Recruitment
Examination 2021 at the present stage, the writ petitions before
this Court have been rendered infructuous. In this regard, it was
averred that the decision dated 28.06.2025 of the State
Government accepting the recommendation of the Ministers
Committee is with reference to the inputs from various
government authorities, which denotes the fact that at the present
stage, there is no evidence of widespread leakage of examination
paper which may vitiate the selection process by making it
impossible to segregate the tainted and untainted candidates.
Therefore, it was submitted that once the decision is taken by the
State Government, and the same is not challenged specifically,
then the writ petition has to be rendered infructuous. In this
regard, reliance was placed upon the dictum of the Hon'ble Apex
Court as enunciated in R.C. Jain vs. High Court of Patna and
Ors. reported in (1996) 5 SCC 5.
20. Mr. Prasad further argued that it is trite law that the
jurisdiction under Article 226 and the powers of judicial review
should not be invoked by the courts whilst entertaining writ
petitions preferred by such persons who have approached the
court with unclean hands, thereby concealing material facts. In
this regard, learned Advocate General apprised the court of the
fact that previously, in the Year 2022, three of the petitioners
before this court, along with 31 others, had jointly approached
this Court, seeking a similar relief as sought by way of the present
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petitions, vide S.B. CWP No. 7264/2022 titled as Kailash
Chand Sharma and Ors. vs. State of Rajasthan. However, on
21.07.2022, the said petition was withdrawn without seeking any
liberty to file afresh. Therefore, on account of the said withdrawal,
the petitions had been dismissed sans liberty.
21. In this background, learned Advocate General stressed
that the principle of res judicata not only applies in the matter of
decision in previous litigation, but it also engrosses the principal of
constructive res judicata where the challenge made is surrendered
considering the merits of the case. Mr. Prasad, vehemently pointed
out that the petitioners in the present case gave reference of
almost all the FIRs registered in the Year 2021, which were also
included in S.B. CWP No. 7264/2022 titled as Kailash Chand
Sharma and Ors. vs. State of Rajasthan, whereby a similar
prayer in regard to the cancellation of the written examination was
made and therefore, it was only in order to avoid dismissal of the
present petitions based on the principle of constructive res
judicata, the aforesaid material facts qua the lodging of the
previous petitions, was concealed before this court during the
proceedings before it. Hence, it was prayed that on said count of
concealment alone, the present petitions ought to be dismissed.
22. Mr. Prasad, after having previously elaborated on the
aspect of delay and laches, also drew arguments on the principles
of estoppel, acquiescence and waiver whilst arguing that the
Hon'ble Apex Court through a catena of judgments has held that
writ petitions should not be entertained specifically in the matters
of recruitment where the candidates aware of any lacuna in the
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examination process, participates therein and thereafter, having
failed to succeed, challenges the same before the court. It was
argued that in the facts of the present case, a large number of
petitioners are those candidates who have approached this court
after attaining merit in the final result but who consequently failed
to secure appointment orders. Thus, the principal of estoppel,
acquiescence and waver bars the petitioners from approaching
this Court for seeking reliefs, which are barred to them by law. In
support of the said contentions, reliance was placed upon the
dictum of the Hon'ble Apex Court as enunciated in State of
Orissa vs. Laxmi Narayan Das reported in (2023) 15 SCC
273, Shiba Shankar Mohapatra vs. State of Orissa reported in
(2010) 12 SCC 471, Pradeep Kumar Rai vs. Dinesh Kumar
Pandey reported in (2015) 11 SCC 493, Anupam Singh vs.
State of U.P. reported in (2020) 2 SCC 173 and Mohd.
Mustafa vs. Union of India reported in (2022) 1 SCC 294.
II) On behalf of Respondent Nos. 7-49 i.e. Successful
Candidates/Appointees.
23. Learned counsel for the respondents i.e. successful
candidates/appointees of the SI Recruitment Examination 2021,
have vehemently contested the averments of the petitioners while
arguing before this Court that the petitioners in fact, have no
locus standi to file the present set of writ petitions. In this regard,
learned counsel argued that the petitioners have failed to show
how their legal or fundamental right has been violated, especially
when it is an admitted case that the petitioners have participated
in the selection process till the very end. Therefore, the petitioners
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are estopped from challenging the results, only on account of
being unsuccessful. It was averred that the petitioners cannot be
permitted to approbate and reprobate at the same time, only
having approached this Court as an afterthought, having failed to
qualify in the written examination i.e. Stage-I.
24. Furthermore, in order to expand on the contentions of
delay, as drawn by the learned Advocate General, it was argued
that the petitioners have approached this Court after an inordinate
delay and have not provided any explanation whatsoever with
regards to the said delay. In this regard, it was submitted that the
final result of the written examination was declared way back on
24.12.2021, whereas the examination where irregularities are
stated to have been committed, was conducted from 13.09.2021
to 15.09.2021. Therefore, since the alleged irregularities were
conducted at that stage of recruitment process, the petitioners
ought to have approached this Court at the initial stage, as
opposed to having approached this Court, merely as a recourse to
their afterthought. The said argument, it was pointed out, gains
further traction from the fact that FIRs were registered way back
in the month of September 2021 and the petitioners chose to be
on the fence and did not question the validity of the selection
process at that time. Hence, the careless and lackadaisical attitude
of the petitioners does not foster the cause of justice. In this
regard, learned counsel placed reliance upon the dictum of the
Hon'ble Apex Court as enunciated in State of M.P. vs. Nandlal
Jaiswal reported in (1986) 4 SCC 566 and Chennai
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Metropolitan Water Supply and Sewerage Board vs. T.T.
Murali Babu reported in (2014) 4 SCC 108
25. Learned counsel further submitted that the Special
Operations Group (SOG) has already made significant headway
into the irregularities committed during the conduct of SI
Recruitment Examination 2021 and has also submitted its report
to the Government whilst continuing to make further investigation.
In this regard, learned counsel submitted that the appointee-Sub-
Inspectors, who were found guilty of cheating/malpractices, have
already been suspended, which goes on to show that the
investigating agencies have already singled out the persons
involved in the type of wrong doings and have segregated the
others like the answering respondents before this Court, who had
no role to play in the irregularities deemed to have crept in the
written examination. Therefore, it was reiterated that amongst the
selected candidates, who are the respondents before this Court
undergoing training in probation period, are genuine and bonafide
candidates who were selected after thorough preparation for the
examination. Learned counsel also apprised the court of the fact
that many of such candidates/respondents, were previously
employed in various State and Central Government jobs, who quit
the same, after having been declared successful in the SI
Recruitment Examination 2021.
26. Learned counsel for the respondents further argued
that a huge amount of public money has been invested by the
State Government in the training of the selected candidates
including the answering respondents and therefore, interference at
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this belated stage shall cause monetary loss to the public
exchequer. In this regard, it was also submitted that the
answering respondents/selected candidates, who were undergoing
training/working as per their field posting, are getting regular
salary from their respected units as well. Furthermore, learned
counsel averred that the investigation agency i.e. SOG has already
conducted a surprise test of all the selected candidates who are
undergoing training in their probation period. Moreover, the SOG
after examining the result/outcome of the surprise test further
weaselled out 49 selected candidates from various centres.
Therefore, it is abundantly clear that the remaining selected
candidates at training centres including the answering respondents
are bonafide and eligible to confirmed in service. Therefore, any
interference by this Court, at this stage, shall be unwarranted.
27. While highlighting the broadened scope of investigation
to weed out the tainted candidates altogether, learned counsel
argued that the State machinery has not only got the investigation
done thoroughly but also collected material with regard to
anything wrong which is found by the process of investigation and
has been continuously considering the matter at different stages
and therefore, it would be incorrect to jump to the conclusion that
the entire examination can be cancelled in haste without proper
application of mind. In this regard, learned counsel placed reliance
upon the dictum of the Hon'ble Apex Court as enunciated in
Sachin Kumar vs. Delhi Subordinate Service Selection Board
reported in (2021) 4 SCC 631 and Joginder Pal vs. State of
Punjab reported in (2014) 6 SCC 644.
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28. In furtherance of the preceding contentions, learned
counsel on behalf of the selected candidates, stressed before the
court that the said candidates have been selected based on their
hard work and dedication. Moreover, it was also retreated that the
answering respondents were not involved in the paper leak or any
other malpractice and they have invested months, if not years, in
preparation for this exam sacrificing time, resources and other job
opportunities. Therefore, a sudden cancellation shall shatter their
dreams, tarnish their reputation and disrupt their career prospects
despite being honest.
29. Lastly, learned counsel submitted that the recruitment
process is under the purview of the government and the RPSC,
whose duty it is to ensure that the selection process is fair and
doesn't involve any untoward incident. The failure to prevent a
paper leak should not result in blanketed punishment for all the
candidates, especially when the answering respondents/selected
candidates, placed their trust in the system, which must not allow
their futures to be jeopardized on account of administrative
lapses. In this regard, learned counsel placed reliance upon the
dictum of the Hon'ble Apex Court as enunciated in Inderpreet
Singh Kahlon vs. State of Punjab and Ors. reported in (2006)
11 SCC 356 where it was held that while setting aside a selection
process, State has to establish that the process was so tainted
that the entire selection process is liable to be cancelled and that
only if it is found to be impossible or highly improbable to
separate cases of tainted persons from those of non-tainted ones,
can cancellation of entire selection process be ordered.
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Additionally, the dictum of the Hon'ble Apex Court also made clear
that equal treatment cannot be granted to un-equals and that
protection of interest of honest candidates was also necessary.
Lastly, in conjunction with the aforesaid ratio as enunciated in
Inderpreet Singh Kahlon (Supra), reliance was placed upon
the dictum enunciated in Union of India and Ors. vs. Rajesh
P.U. Puthuvalnikathu and Anr. reported in (2003) 7 SCC 285.
III) On behalf of Respondent Nos. 50-59 and Respondent
No. 5 i.e. Successful Candidates/Appointees and the
remaining respondents.
30. Learned counsel appearing on behalf of respondent nos.
50-59 and respondent no.5, who also happen to be the successful
candidates/appointees emerging from the SI Recruitment
Examination 2021, have in substance adopted the arguments
noted above, particularly highlighting the delay on part of the
petitioners which has resulted into the creation of third party
rights in favour of the answering respondents, in addition to
highlighting the factum of their non-involvement in the use of
unfair means, as has been made clear by the investigation
conducted by the investigating agency i.e. SOG (Special
Operations Group). Therefore, it was vehemently prayed that the
present set of petitions be quashed and set aside.
IV) On behalf of respondent no.3-RPSC
31. Mr. Baig, appearing on behalf of the respondent-RPSC
briefly apprised the Court of the mechanism and the procedural
framework regarding the conduct of the SI Recruitment
Examination 2021. In doing so, Mr. Baig argued that the
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contentions of the petitioners regarding the cancellation of the
appointment of the candidates who adopted illegal and unfair
means in the examination and were caught by the SOG in doing
so and the prayer for cancellation of the examination in toto for
conducting afresh, is required to be solely determined by the State
Government because after the stage of recommendation of
candidates by the RPSC, the cancellation of any such appointment
falls with the domain of the State Government.
32. In this background, Mr. Baig submitted that 11
candidates who had been proven to have indulged in the use of
unfair means have already been debarred by the RPSC in
pursuance of the full commission decision dated 11.05.2022. It
was further submitted that apart from these 11 candidates, no
other matter has been received by the RPSC regarding the use of
unfair means. Lastly, Mr. Baig assured the court that the RPSC has
is providing full co-operation to the Additional Director General of
Police, ATS and SOG in the conduct of fair and complete
investigation into the alleged malpractices in the conduct of the SI
Recruitment Examination 2021.
V) On behalf of the Enforcement Directorate:
33. The learned counsel appearing on behalf of the
Enforcement Directorate informed the court that on 13.02.2025,
the Enforcement Directorate filed an affidavit before the court
apprising that it had initiated an investigation into the paper leak
of the Sub-Inspector Police Examination of 2021 under the
provisions of the Prevention of Money Laundering Act, 2002
(hereinafter referred to as the "Act of 2002"). This investigation
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was initiated by recording an Enforcement Case Information
Report (ECIR) bearing No. ECIR/JPZO/10/2024 dated 13.06.2024.
The basis for this ECIR was two FIRs: FIR No. 540 dated
09.12.2020 registered at Sanganer Police Station, Jaipur under
Section 420 of the Indian Penal Code, Sections 4 and 6 of the
Rajasthan Public Examination Act, 1992, and FIR No. 0010/2024
dated 03.03.2024 registered by the Anti-Terrorist Squad (ATS) and
Special Operations Group (SOG), Jaipur under Sections 419, 420,
and 120B of the Indian Penal Code along with Sections 4, 5, and 6
of the Rajasthan Public Examination Act, 1992, in addition to
Section 66D of the Information and Technology Act, 2008. These
FIRs were registered against 40 individuals, and the investigation
was in progress.
34. Subsequently, after initiating the investigation, the
Enforcement Directorate filed an additional affidavit dated
15.05.2025, apprising the court regarding the advancements
made in the investigation. It was informed that in order to conduct
a thorough investigation, the Enforcement Directorate has
obtained details of the properties acquired by the accused from
the State's financial institutions and revenue authorities. This was
done to ascertain the proceeds of crime generated from the
commission of the scheduled offences. The court was also
informed about the material recording of statements of two key
individuals, namely Harshavardhan Meena and Rajendra Kumar
Yadav, after obtaining due permission from the Learned Special
Court (PMLA) CBI-III, Jaipur. Furthermore, the learned counsel
informed that subsequent to the filing of the aforesaid affidavit,
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statements of 6 more persons were recorded under Section 50 of
the Act of 2002. This was done in order to identify the proceeds of
crime generated from the commission of the scheduled offence.
35. Lastly, the court was informed that the Enforcement
Directorate is taking all necessary steps for conducting a crucial
investigation in the matter. The objective is to arrest the kingpins
of the organized gangs involved in the malpractices, while making
enquiries with various banks, revenue authorities, and other
authorities to identify the proceeds of the crimes (PoCs). The
learned counsel submitted that the object of the Act of 2002 is
twofold, namely, the prosecution and punishment of persons
involved in money laundering, and the attachment/confiscation of
proceeds of crime that may be involved in the matter. Thus, it was
informed that the Enforcement Directorate is proceeding in the
matter as per the established procedure and in accordance with
law.
DISCUSSION & FINDINGS
36. After the culmination of a prolonged hearing, this Court
has meticulously heard and considered the arguments presented
by all the parties, carefully considering the nuances of each and
every contention. Moreover, pursuant to the thorough hearing of
the arguments, this Court has equally paid due attention to the
voluminous record that has been submitted by both the sides in
support of their submissions. The said record, replete with detailed
pleadings, affidavits and documentary evidence i.e. from the initial
stage of investigation to executive and state-level decision-
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making, has been scrutinized in conjunction with the various case
laws cited before the Court.
A. Maintainability of the Petitions
37. At the initial stage of discussion, this Court deems it
imperative to assess and determine the maintainability of the
instant batch of petitions, which has been a central point of
contention at the behest of the respondent-State in conjunction
with respondent-successful candidates. This evaluation is to be
undertaken prior to delving into the merits of the petition itself or
addressing the various contentions and secondary arguments
advanced, should the necessity to do so arise in the course of
adjudication.
38. During the course of arguments, the learned counsel
representing the respondent-State, in concurrence with the
learned counsel appearing on behalf of the successful candidates,
raised certain preliminary objections pertaining to the
maintainability of the present batch of writ petitions. As per the
respondents, the challenge to the maintainability of these petitions
was founded upon three grounds, specifically:-
(i) Previous Conduct and Constructive Res Judicata:
The petitioners prior conduct in concealing material
information before the Court, which invokes the bar of
constructive res judicata.
(ii) Failure to Amend Prayers rendering the Petitions
Infructuous: The petitioners omission to amend their
prayers to independently and expressly challenge the
subsequent decision of the Chief Minister dated 28.06.2025
has rendered the prayers so made in the instant petition,
infructuous.
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(iii) Principles of Delay, Estoppel, Acquiescence and
Waiver: The petitioners actions in participating in the
recruitment process despite having knowledge of certain
infirmities and malpractices in the conduct of SI Recruitment
Examination 2021, thereby attracting the principles of
estoppel, acquiescence and waiver.
39. Having duly noted the aforementioned preliminary
objections, this Court shall segment its findings pertaining to the
said objections into three distinct parts. Each part shall address
one of the said objections independently, so as to facilitate a
discrete examination of each ground raised concerning the
maintainability of the writ petitions.
Part I: Previous Conduct and Constructive Res Judicata
40. In the course of arguments on the noted objection, the
learned Advocate General had apprised the Court that the
petitioners have approached this Court with unclean hands. This
contention was evidenced by the fact that the petitioners have
concealed the material circumstance that in the Year 2022, a
petition substantially similar in nature, with prayers largely akin to
those in the instant petitions, was filed before this Court by some
of the petitioners herein (Re: S.B. CWP No. 7264/2022 titled as
Kailash Chand Sharma and Ors. vs. State of Rajasthan).
However, the said petition was dismissed as withdrawn without
any liberty being granted to the petitioners to a file a fresh
petition. The concealment of this vital information, it was argued,
invokes the principle of constructive res judicata, which
necessitates that the petitioners be barred from pursuing the
entire challenge so raised in the present petitions, owing to the
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[2025:RJ-JP:33343] (60 of 202) [CW-13806/2024]
dismissal of the previous petition as dismissed as withdrawn.
Thus, it was contended by the learned Advocate General that the
said concealment was deliberate and out of fear and apprehension
that the present petitions would be dismissed on the basis of such
prior proceedings. Hence, owing to such concealment and unclean
approach, the present petitions were prayed to be dismissed.
41. Upon having meticulously scrutinized the record
presently before this Court, specifically the particulars of the
petition previously filed in the Year 2022 i.e. S.B. CWP No.
7264/2022 titled as Kailash Chand Sharma and Ors. vs.
State of Rajasthan and the broader contextual framework within
which the challenge to the SI Recruitment Examination 2021 is
being raised by the petitioners herein, this Court is unable to lend
credence to and/or accept the arguments advanced by the learned
counsel for the respondents.
42. It is a notable principle in legal jurisprudence that a fact
concealed by a petitioner can only have the effect of persuading
the court that the petitioner has approached the court with
unclean hands when such concealment is not merely an
inadvertent ‘omission’ but is instead a ‘material’ concealment
within the contextual framework of the litigation. For a fact to be
deemed ‘material’, it must possess such a degree of relevancy to
the issue at hand that, had the court been apprised of this fact, a
majority of the contentions raised by the parties to the dispute
could have been expeditiously resolved at once or significantly
impacted thereby. In other words, the materiality of the concealed
fact is to be gauged by its potential to substantially influence the
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court’s consideration of the matter, such that knowledge of the
fact would lead to a swift or conclusive determination of a
significant portion of the issue in dispute/contention.
43. Therefore, in the facts and circumstances of the present
batch of petitions, the key question posited is whether the fact of
the petitioners failure to inform or apprise the court about the
previous filing of S.B. CWP No. 7264/2022, had it been known
to the court earlier, would have likely influenced the court’s
decision or affected the outcome of the present proceedings? The
answer, in the present circumstances, is in the negative, for the
following reasons, namely:-
(a) The previous petition i.e. S.B. CWP No. 7264/2022 was
filed by a total 34 individuals, out of which, only 3 are
common in the array of petitioners in the present batch of writ
petitions.
(b) On a juxtaposition of the reliefs sought in S.B. CWP No.
7264/2022 and the present batch of writ petitions, it becomes
glaringly evident that the claimed overlap is not absolute, as
S.B. CWP No. 7264/2022 was withdrawn almost one year
before the results of the recruitment process were even
declared i.e. the said petition was withdrawn on 21.07.2022
whereas the impugned final result, which is prayed to be
quashed in the present batch of petitions, was not declared
until 01.06.2023.
(c) That even factually, there are glaring developments and
significant changes in the pleadings of the present batch of
petitions. The SOG was constituted almost 17 months after
the withdrawal of the previous petition i.e. on 16.12.2023,
followed by the lodging of FIR No. 10/2024 on 03.03.2024
and the consequential first arrests on 04.03.2024.
(d) That it is glaringly obvious that the petitioners
approached this Court on a fresh cause of action, as exhibited(Downloaded on 28/08/2025 at 10:10:06 PM)
[2025:RJ-JP:33343] (62 of 202) [CW-13806/2024]in the present batch of petitions, which is discernible from the
fact that despite the malpractices being widely known and
admitted, appointment orders were issued by the respondent-
State on 06.06.2024 and 31.07.2024. Therefore, the filing of
the present batch of writ petitions, on 13.08.2024, pursuant
to such appointment orders being issued on the basis of the
final result so declared, is not ‘concealment’ but rather a mere
omission, which could not attract the bar of res judicata,
owing to the discrepancies and developments in the facts as
well as the prayers sought in the two sets of petitions.
(e) The more nuanced rationale to circumvent of the claimed
bar of constructive res judicata, which as displayed above has
no factual applicability, is the fact that in the present factual
context, the larger public interest is at stake, and calls to such
public interest must be timely and efficiently answered to
ensure that justice is not a casualty of technicalities.
44. In support of the aforementioned observations, it would
be prudent to place reliance upon the dictum of the Hon’ble Apex
Court as enunciated in State (NCT of Delhi) vs. BSK Realtors
LLP reported in (2024) 7 SCC 370 where it was held that it is a
well-settled principle of law that the fact suppressed or concealed
by a party must be material in nature, in the sense that such
suppression would have a bearing on the merits of the case. A
‘material fact’, as expounded by the Hon’ble Apex Court, in this
context denotes a fact that is material for the purpose of
determining the lis between the parties. The logical consequence
of this principle is that the materiality of the suppressed fact is to
be assessed in relation to its impact on the grant or denial of the
relief sought. In instances, such as the present one, where the
suppressed fact is not material for the determination of the
dispute between the parties entirely, especially looking to the
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[2025:RJ-JP:33343] (63 of 202) [CW-13806/2024]
subsequent developments (declaration of final result and issuance
of appointment orders) as noted above, the court may not deem it
appropriate to refuse the exercise of its discretionary jurisdiction.
It was further held that in situations where larger public interest is
at stake, courts ought not to allow technicalities to be applied in a
rigid or inflexible manner. Instead, in such cases, a more flexible
and nuanced approach should be adopted by the courts in
considering the implications of the suppression of facts. The
relevant extract of the dictum enunciated in BSK Realtors LLP
(Supra) is reproduced herein-under:-
“25. The law, as we noticed aforesaid, aptly resolves the
first issue. Res judicata, as a technical legal principle,
operates to prevent the same parties from relitigating
the same issues that have already been conclusively
determined by a court. However, it is crucial to note that
the previous decision of this Court in the first round
would not operate as res judicata to bar a decision on
the lead matter and the other appeals; more so, because
this Rule may not apply hard and fast in situations where
larger public interest is at stake. In such cases, a more
flexible approach ought to be adopted by courts,
recognizing that certain matters transcend
individual disputes and have far-reaching public
interest implications.”
45. At this juncture, this Court deems it appropriate to
reference the dictum of the Hon’ble Apex Court as enunciated in
National Confederation of Officers Association of Central
Public Sector Enterprises vs. Union of India reported in
(2022) 4 SCC 764, where the Hon’ble Apex Court held that the
principle of res judicata would not apply when there was no
decision on the merits of the case in a previous petition. In
essence, the Hon’ble Court clarified that the previous dismissal of
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a similar petition did not involve a substantive adjudication on
merits. Therefore, the principle of res judicata would not bar the
subsequent litigation. Similarly, upon a corresponding application
of the said holding in the present factual matrix of the case at
hand, it becomes glaringly obvious that S.B. CWP No. 7264/2022
was withdrawn without having any discussion/adjudication on the
merits of the prayers sought, which have also been significantly
altered since the declaration of the impugned final result dated
01.06.2023. The relevant extract of the dictum enunciated in
National Confederation of Officers Association of Central
Public Sector Enterprises (Supra) is reproduced herein-under:-
“27. The petition was summarily dismissed by this Court
on 10 December 2002 in the following terms:
[…] we are not inclined to entertain the writ
petition, which is accordingly dismissed.
31. The principles of res judicata and constructive res
judicata, which Section 11 of the Code of Civil Procedure
1908 embodies, have been applied to the exercise of the
writ jurisdiction, including public interest litigation. Yet
courts have been circumspect in denying relief in matters
of grave public importance, on a strict application of
procedural rules. In Rural Litigation and Entertainment
Kendra v. State of U.P. : 1989 Supp (1) SCC 504, this
Court observed:
’16. The writ petitions before us are not inter-partes
disputes and have been raised by way of public interest
litigation and the controversy before the court is as to
whether for social safety and for creating a hazardless
environment for the people to live in, mining in the
area should be permitted or stopped. We may not be
taken to have said that for public interest litigations,
procedural laws do not apply. At the same time it has
to be remembered that every technicality in the
procedural law is not available as a defence when a
matter of grave public importance is for consideration
before the court. Even if it is said that there was a final
order, in a dispute of this type it would be difficult to
entertain the plea of res judicata. As we have already(Downloaded on 28/08/2025 at 10:10:06 PM)
[2025:RJ-JP:33343] (65 of 202) [CW-13806/2024]pointed out when the order of 12-3-1985, was made,
no reference to the Forest (Conservation) Act of 1980
had been done. We are of the view that leaving the
question open for examination in future would lead to
unnecessary multiplicity of proceedings and would be
against the interests of society. It is meet and proper
as also in the interest of the parties that the entire
question is taken into account at this stage.’
34. While determining the applicability of the
principle of res judicata Under Section 11 of the
Code of Civil Procedure 1908, the Court must be
conscious that grave issues of public interest are
not lost in the woods merely because a petition was
initially filed and dismissed, without a substantial
adjudication on merits. There is a trend of poorly
pleaded public interest litigations being filed instantly
following a disclosure in the media, with a conscious
intention to obtain a dismissal from the Court and
preclude genuine litigants from approaching the Court in
public interest. This Court must be alive to the
contemporary reality of “ambush Public Interest
Litigations” and interpret the principles of res judicata or
constructive res judicata in a manner which does not
debar access to justice. The jurisdiction Under Article 32
is a fundamental right in and of itself.
35. In this case, since the three judge Bench of this
Court rejected the petition filed by Maton Mines
Mazdoor Singh in limine, without a substantive
adjudication on the merits of their claim, the
present writ petition is not barred by res judicata.”
46. Similarly, in Daryao and Ors. vs. State of UP and
Ors. reported in AIR 1961 SC 1457, a Constitution Bench of the
Hon’ble Apex Court held that orders dismissing writ petitions in
limine will not constitute res judicata. The Court noted that while a
summary dismissal may be considered as a dismissal on merits, it
would be difficult to determine what weighed with the Court
without a speaking order. The relevant extract is reproduced
herein-under:-
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[2025:RJ-JP:33343] (66 of 202) [CW-13806/2024]
“9. We must now proceed to state our conclusion on the
preliminary objection raised by the respondents. We hold
that if a writ petition filed by a party under Art. 226 is
considered on the merits as a contested matter and is
dismissed the decision thus pronounced would continue
to bind the parties unless it is otherwise modified or
reversed by appeal or other appropriate proceedings
permissible under the Constitution. It would not be open
to a party to ignore the said judgment and move this
Court under Art. 32 by an original petition made on the
same facts and for obtaining the same or similar orders
or writs. If the petition filed in the High Court under Art.
226 is dismissed not on the merits but because of the
laches of the party applying for the writ or because it is
held that the party had an alternative remedy available to
it, then the dismissal of the writ petition would not
constitute a bar to a subsequent petition under Art. 32
except in cases where and if the facts thus found by the
High Court may themselves be relevant even under Art.
32.
If a writ petition is dismissed in limine and an order
is pronounced in that behalf, whether or not the
dismissal would constitute a bar would depend
upon the nature of the order. If the order is on the
merits it would be a bar; if the order shows that the
dismissal was for the reason that the petitioner
was guilty of laches or that he had an alternative
remedy it would not be a bar, except in cases which
we have already indicated.
If the petition is dismissed in limine without
passing a speaking order then such dismissal
cannot be treated as creating a bar of res judicata.
It is true that, prima facie, dismissal in limine even
without passing a speaking order in that behalf
may strongly suggest that the Court took the view
that there was no substance in the petition at all;
but in the absence of a speaking order it would not
be easy to decide what factors weighed in the mind
of the Court and that makes it difficult and unsafe
to hold that such a summary dismissal is a
dismissal on merits and as such constitutes a bar of
res judicata against a similar petition filed under
Art. 32.
If the petition is dismissed as withdrawn it cannot
be a bar to a subsequent petition under Art. 32,
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[2025:RJ-JP:33343] (67 of 202) [CW-13806/2024]
because in such a case there has been no decision
on the merits by the Court.
We wish to make it clear that the conclusions thus
reached by us are confined only to the point of res
judicata which has been argued as a preliminary issue in
these writ petitions and no other. It is in the light of this
decision that we will now proceed to examine the position
in the six petitions before us.”
47. The aforementioned line of reasoning also finds its way
in the dictum of the Hon’ble Apex Court in Pujari Bai vs. Madan
Gopal reported in (1989) 3 SCC 433 where it was held that
when a writ petition after contest is disposed of on merits by a
speaking order, then the question decided in that petition would
operate as res judicata, but not a dismissal in limine or dismissal
on the ground of laches or availability of an alternate remedy.
48. Therefore, upon undertaking a cumulative consideration
of the observations delineated hereinabove, it becomes
conclusively evident that within the factual context of the present
batch of writ petitions, when juxtaposed with the petition
previously filed in the Year 2022, what emerges is an ‘omission’ on
the part of the petitioners rather than a ‘material concealment’.
This is because the omission in question does not possess the
requisite power or magnitude to substantially impact or resolve
the lis presently before this Court. Furthermore, the bar of
constructive res judicata shall also not be applicable in the facts
and circumstances of the present case. This is owing to the fact
that the petition withdrawn in the Year 2022 did not involve an
adjudication on the merits of the prayers sought therein.
Additionally, the prayers in the present petitions are noted to be
unidentical to those in the previously withdrawn petition. Hence,
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given that the previous petition was merely withdrawn without any
adjudication on the merits, it does not operate as a bar to the
present proceedings and being adjudicated upon.
49. As a result, considering the larger public interest that is
closely linked to the outcome of the prayers sought in the present
batch of petitions, and taking into account the nature of the
dismissal of the previous petition in the Year 2022 (which was by
way of simple withdrawal), this Court, after having relied upon the
legal principles enunciated in the cases of BSK Realtors LLP
(Supra), National Confederation of Officers Association of
Central Public Sector Enterprises (Supra), Daryao (Supra),
and Pujari Bai (Supra), deems it appropriate to reject the
challenge raised by the respondents regarding the maintainability
of the present batch of petitions on the ground of the alleged bar
of constructive res judicata.
Part II: Failure to Amend Prayers rendering the Petitions
Infructuous
50. During the course of arguments, the learned Advocate
General, Mr. Rajendra Prasad, contended that the present batch of
writ petitions has been rendered infructuous in light of the
decision taken by the State Government on 28.06.2025. This
decision pertains to the State Government’s choice not to cancel
the Sub-Inspector Recruitment Examination 2021 at the present
stage. The Advocate General emphasized that the petitioners’
failure to amend their prayers to expressly and specifically
challenge this subsequent decision of the State Government
renders the prayers sought in the present petitions futile and/or
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infructuous. However, this Court cannot accept the said argument,
as it lacks both substance and merit.
51. It is a well-established and trite principle of law that
under Article 226 of the Constitution of India, the High Courts are
vested with the power to mould the relief in a manner that is
deemed appropriate and just in the facts and circumstances of the
case before them. The power to issue high prerogative writs under
Article 226 is accompanied by the flexibility and discretion to
shape the relief in a way that ensures complete justice is done in
the matter. Depending upon the peculiar facts and circumstances
of each case, the High Court exercising jurisdiction under Article
226 can mould the relief to align with the ends of justice. This
implies that in the adjudication of a writ petition, even if a
petitioner may not be entitled to the specific relief as expressly
claimed by them in their petition, this circumstance by itself does
not operate as a bar or preclude the writ court from granting such
other relief to which the petitioner may otherwise be entitled in
law. The writ court is thus empowered to consider the overall
equities and the legal position arising from the facts of the case
and grant a relief that is just and appropriate, even if it differs
from the specific relief initially claimed by the petitioner.
52. The position of law, as noted above, has been deduced
from the dictum of the Hon’ble Apex Court’s verdict in Central
Council for Research in Ayurvedic Sciences and Anr. vs.
Bikartan Das and Ors. reported in (2023) 16 SCC 462, the
relevant extract of which is reproduced herein-under:-
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[2025:RJ-JP:33343] (70 of 202) [CW-13806/2024]
“51. The second cardinal principle of exercise of
extraordinary jurisdiction Under Article 226 of the
Constitution is that in a given case, even if some action
or order challenged in the writ petition is found to be
illegal and invalid, the High Court while exercising its
extraordinary jurisdiction thereunder can refuse to upset
it with a view to doing substantial justice between the
parties. Article 226 of the Constitution grants an
extraordinary remedy, which is essentially
discretionary, although founded on legal injury. It
is perfectly open for the writ court, exercising this
flexible power to pass such orders as public
interest dictates & equity projects. The legal
formulations cannot be enforced divorced from the
realities of the fact situation of the case. While
administering law, it is to be tempered with equity and if
the equitable situation demands after setting right the
legal formulations, not to take it to the logical end, the
High Court would be failing in its duty if it does not notice
equitable consideration and mould the final order in
exercise of its extraordinary jurisdiction. Any other
approach would render the High Court a normal court of
appeal which it is not.”
53. Similarly, in M. Sudakar vs. V. Manoharan reported
in (2011) 1 SCC 484, the Hon’ble Apex Court observed as
under:-
“9. We have bestowed our serious consideration to the
submissions advanced and we are of the opinion that the
Division Bench of the High Court erred in setting aside
the order of the learned Single Judge. It is an admitted
position that the bye-laws which governs the Trust do not
provide for debarring any member of the Trust from
holding a post for specified period. Bye-laws provide for
removal of the membership in accordance with the
procedure prescribed therein in case a member is found
to be indulging in activities prejudicial to the Trust. The
power to remove the member in our opinion shall not
include power to debar the member from holding an
office of the Trust. As the resolution of the Governing
Body debarring the Appellant from holding the office of
the Trust was valid and operative when the matter was
pending before the learned Single Judge, he did not err in
quashing the resolution. The power to mould relief is(Downloaded on 28/08/2025 at 10:10:06 PM)
[2025:RJ-JP:33343] (71 of 202) [CW-13806/2024]always available to the Court possessed with the
power to issue high prerogative writs. In order to
do complete justice it can mould the relief,
depending upon the facts and circumstances of the
case. In the facts of a given case a writ Petitioner
may not be entitled to the specific relief claimed by
him but this itself will not preclude the Writ Court
to grant such other relief which he is otherwise
entitled. Further delay and latches does not bar the
jurisdiction of the Court. It is a matter of discretion and
not of jurisdiction. The learned Single Judge had taken
note of the relevant facts and declined to dismiss the writ
petition on the ground of delay and latches.
10. True it is that the learned Single Judge had
observed that the writ petition had become in
fructuous and still proceeded to grant relief to the
Appellant. In our opinion, the learned Single Judge may
not be absolutely right in observing that the writ petition
had become in fructuous as the resolution debarring the
Appellant was still operative. In our opinion a writ petition
broadly speaking is held in fructuous when the relief
sought for by the Petitioner is already granted or because
of certain events, there may not be necessity to decide
the issue involved in the writ petition. Here in the
present case the resolution of the Governing Body
was still holding the field when the writ petition
was heard and in fact was to operate for a further
period, hence it cannot be said that the relief
claimed by the Appellant had become in fructuous.
In any view of the matter, as the effect of the order
continued, the learned Single Judge was right in moulding
the relief. The act of the Appellant in removing a large
number of members and financial impropriety will not
clothe the General Body to pass resolution debarring the
Appellant from holding the post for 10 years, as no such
power is conferred by the bye-laws. The action being
patently illegal, the learned Single Judge could not have
declined the relief taking into account the alleged action.”
54. A cumulative reading and analysis of the prayers
sought by the petitioners through the present batch of writ
petitions clearly indicates that the challenge mounted by the
petitioners is directed against the examination process in its
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[2025:RJ-JP:33343] (72 of 202) [CW-13806/2024]
entirety, with a specific focus on the purity and sanctity of the said
process. The latest recommendation or decision dated 28.06.2025
does not inherently traverse or nullify the larger challenge posed
by the petitioners regarding the sanctity of the examination.
Instead, this recommendation/decision, which was made in
response to the broader challenge against the compromised
sanctity of the Sub-Inspector Recruitment Examination 2021,
actually serves to strengthen the contentions of the petitioners
and make their corresponding prayers more robust. This is
particularly so because the further investigation, as detailed in the
SIT Report dated 25.06.2025 (which forms the basis for the said
recommendation/decision dated 28.06.2025), highlights the
existence of large-scale malpractices in the conduct of the written
examination. Rather than rendering the petitions or the prayers
sought therein infructuous, the recommendation/decision dated
28.06.2025 has in fact bolstered certain prayers of the petitioners,
such as those alleging malpractices in the examination process.
This is based on the Charge-sheet No. 7F dated 05.04.2025, which
reveals that 12 of the main kingpins wanted in connection with the
malpractices are still absconding. A reward of up to Rs. 1 lakh has
been announced for information leading to their apprehension,
and non-bailable arrest warrants have been issued against them.
Furthermore, investigation is pending under Section 173(8) of the
Code of Criminal Procedure against 82 criminals involved in the
case.
55. Furthermore, upon undertaking a comprehensive
reading and meticulous analysis of Clauses 3 and 4 of the
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committee report/decision dated 28.06.2025, taken in conjunction
with the affidavit dated 01.07.2025, a manifest and clear
contradiction in the opinion and findings rendered by the
committee becomes distinctly evident. In particular, Clause 3 of
the report/decision dated 28.06.2025 articulates the view that it
would be premature for the recruitment process to be cancelled at
this stage of the proceedings. In contrast, Clause 4 of the same
report envisages and suggests the initiation of a fresh recruitment
process, accompanied by the provision of certain relaxations to be
accorded in the said process. This contradiction between the
aforementioned clauses engenders a palpable and discernible
ambiguity pertaining to the committee’s definitive stance on
whether the recruitment process ought to be continued or
cancelled. The ambiguity thus created is further compounded by
the circumstance that there exists an ongoing and/or pending
investigation which casts a shadow of doubt upon the integrity of
the existing recruitment process that was conducted in the year
2021. In light of the contradiction inherent in the committee’s
report/decision and considering the ongoing investigation which
impacts and impugns the integrity of the recruitment, the said
contradiction does not have the effect of rendering the prayers
sought by the petitioners to be infructuous or devoid of purpose.
Instead, the contradiction in the committee’s findings leads to a
heightened certainty and awareness regarding the lack of integrity
in the recruitment process of 2021. As a consequence of the
foregoing circumstances, the expansive and extraordinary powers
vested in the High Court under Article 226 of the Constitution
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[2025:RJ-JP:33343] (74 of 202) [CW-13806/2024]
become a necessity and imperative in order to render substantial
justice in the matter at hand. The existence of this contradiction
within the committee’s report, coupled with the circumstances
surrounding the recruitment process, thus operates to
automatically nullify the contention advanced on behalf of the
respondents that the petitions have become infructuous by virtue
of the fact that the recommendations/decision dated 28.06.2025
were not expressly challenged by the petitioners in their
pleadings.
56. In view of the foregoing discussion and analysis, it can
be conclusively stated that Article 226 of the Constitution of India
vests in the High Courts an extraordinary remedy that is
fundamentally discretionary in nature. Although this remedy is
grounded in addressing a legal injury/wrong or a legitimate
apprehension faced by the litigant, the exercise of this power is
characterized by a significant degree of flexibility and discretion.
In exercising this extraordinary and flexible power, the writ court
is fully entitled and empowered to pass such orders as are
dictated and guided by considerations of public interest. This
includes taking into account matters of significant public concern
such as malpractices in public recruitment examinations.
Furthermore, the orders passed by the court must also be guided
by and projected in accordance with the principles of equity. Thus,
the enforcement and application of legal principles in the context
of proceedings under Article 226 cannot be undertaken in a
vacuum or in isolation from the realities, nuances, and specific
factual circumstances that pertain to the case at hand.
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57. In the administration of law and in the exercise of
jurisdiction under Article 226, the applicable legal principles are to
be tempered, balanced, and harmonized with considerations of
equity. This balancing act is essential in determining the
framework within which the relief sought by the litigant is to be
considered and adjudicated upon. If the equitable situation
prevailing in the case, or the balance of equities as ascertained
from the facts and circumstances of the case, demands that after
correcting or rectifying any legal infirmities or formulations, the
matter should not be pursued to its logical conclusion or ultimate
endpoint, then the High Court would be failing in its duty if it does
not duly take into account these equitable considerations. In such
a scenario, the court must mould the final order in accordance
with these equitable considerations in exercise of its extraordinary
jurisdiction under Article 226. The interplay and interrelation
between law and equity thus serve as a guiding factor for the
court’s discretion in granting relief under Article 226. This ensures
that the orders passed by the court are in consonance with, and in
harmony with, both the applicable legal principles and the
demands of equity and justice as dictated by the given factual
context of the case.
58. Hence, placing reliance upon the legal principles
enunciated in the cases of M. Sudakar (Supra) and Central
Council for Research in Ayurvedic Sciences (Supra), this
Court considers it appropriate and judicious to reject and strike
down the second preliminary objection raised by the respondents.
This objection pertained to the failure on the part of the
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petitioners to amend their prayers in the writ petitions, which was
contended to render the petitions infructuous. The basis for this
Court’s decision to strike down the said objection is grounded in
the paramount consideration that public interest must not be
allowed to become a casualty or suffer detriment due to rigid
adherence to, or sacrifice of, technicalities. The principles of equity
must intervene and guide the Court’s decision-making process in
order to safeguard and protect the interests of the public, which
interests are manifestly within the purview and jurisdiction of this
Court under Article 226 of the Constitution of India. The
extraordinary jurisdiction conferred upon the High Courts under
Article 226 is designed to ensure that justice is rendered in
matters involving public interest, and in this context, the Court
must be guided by considerations of equity to protect such public
interests. By striking down the said preliminary objection, this
Court underscores the importance of not allowing technical
objections to impede the course of justice, particularly when
matters of public interest are involved. The reliance placed on the
dictum in M. Sudakar (Supra) and Central Council for
Research in Ayurvedic Sciences (Supra) supports the
proposition that in the exercise of powers under Article 226, the
Court must prioritize the protection of public interest and allow
equity to guide its decisions in order to subserve the ends of
justice.
Part III: Principles of Delay, Estoppel, Acquiescence and Waiver
59. During the course of arguments, Mr. Prasad, having
previously elaborated upon the aspect of delay and laches in the
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proceedings, additionally drew arguments focused upon the
principles of estoppel, acquiescence, and waiver. In this context,
Mr. Prasad contended that the Hon’ble Apex Court, through a
series of judgments, has laid down the proposition that writ
petitions, in circumstances such as the present one, ought not to
be entertained by the courts, specifically in matters pertaining to
recruitment. This is particularly so where candidates, being aware
of any alleged lacuna or irregularity in the examination process,
nonetheless participate in the said process without objection.
Subsequently, having failed to achieve success in the recruitment
process, such candidates challenge the same before the court. It
was argued that in the factual matrix of the present case, a
significant number of the petitioners are candidates who have
approached this Court after having attained merit in the final
result of the recruitment examination but who, nevertheless,
failed to secure appointment orders. Consequently, it was argued
that the principles of estoppel, acquiescence, and waiver operate
as a bar to the petitioners seeking reliefs from this Court, as such
reliefs are barred to them by operation of law.
60. Having considered and entertained the argument
proposed by the learned counsel for the respondents, this Court
deems it just, appropriate, and extremely necessary to delineate
and draw out the chronological timeline of events that have
transpired in the facts of the present case. This exercise is
undertaken to establish the precise sequence of events and to
place the circumstances in their proper perspective. It is an
admitted and noted fact of record that the result of the
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examination for the post of Sub-Inspector was declared on
01.06.2023. Subsequent to the declaration of the said result, the
candidates who were successful in the written examination
proceeded to participate in the subsequent stages of the
recruitment process. While these subsequent stages of
recruitment were ongoing, and in view of the widespread issue of
malpractice in the conduct of the examination coming to light, the
State authorities constituted the Special Operations Group (SOG)
on 16.12.2023. This was followed by the registration of First
Information Report (FIR) No. 10/2024 on 03.03.2024, and
consequentially, the first arrests in connection with the
malpractices were made on 04.03.2024. In the intervening period,
the widespread scam and malpractices that had tainted the
examination continued to be reported and make headlines in
newspapers and other media publications. Despite the ongoing
investigation by the SOG into these serious malpractices, and
despite the fact that the magnitude of the scam was of a massive
scale and of deep public importance, the respondents proceeded
to issue appointment orders on 06.06.2024 and 31.07.2024.
61. Therefore, it becomes glaringly clear and evident that
despite the scam having been a matter of common public
knowledge and an alarming factual situation which was being
investigated by a constituted Special Investigation Team, the
petitioners, having been left with no other efficacious or viable
option, approached this Court on 13.08.2024. This approach to
the Court was made after the petitioners were shocked by the fact
that despite such turmoil and controversy surrounding the sanctity
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of the public recruitment process for the post of Sub-Inspector,
the respondents were nonetheless stubbornly bent upon issuing
appointment orders. In this context, the delay in filing the
petition, calculated from the issuance of the last appointment
order on 31.07.2024 to the filing of the petition on 13.08.2024,
was merely of approximately two weeks. This period of time is in
no manner substantial or of such a length as would demand an
explanation for delay or indicate any lack of vigilance on the part
of the petitioners. Instead, it demonstrates that the petitioners
were vigilant and careful in pursuing their legal remedies in a
timely manner given the circumstances. Consequently, the
continuing developments including the issuance of appointment
orders and the constitution of special investigation teams,
demonstrated a recurring cause of action. The petitioners were
cognizant of these developments and approached the Court within
a timely manner.
62. The settled position of law pertaining to the question of
delay in the filing of petitions or seeking reliefs is inherently fact-
specific and depends upon the particular circumstances and
nuances of each individual case. In the context of the present
case, taking into account the constant developments that have
transpired and the factual matrix as a whole, the existence of a
foundational fraud i.e. during the written examination (Stage I)
that vitiates the entire recruitment process from its very inception
assumes critical importance. The presence of such foundational
fraud impacts the consideration of delay in seeking reliefs.
Therefore, regardless of the aforesaid considerations pertaining to
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delay and laches, the equitable relief sought by the petitioners in
the present proceedings cannot be denied to them on the ground
of delay. This is because an analysis of the facts reveals that there
is neither an inordinate delay in the filing of the petitions nor any
culpable negligence attributable to the petitioners. The
promptness with which the petitioners filed the petitions
subsequent to the issuance of the last appointment order
establishes the absence of any undue delay or lack of diligence on
their part. Furthermore, there is no resultant prejudice caused to
the opposite party by virtue of the timing of the filing of the
petitions. In view of these circumstances and given the fact that
foundational fraud vitiates the cause of action from its inception,
the equitable considerations weigh in favour of not denying the
reliefs sought by the petitioners on the sole ground of delay.
63. Furthermore, this Court also deems it appropriate to
note and observe that the record of the instant petition, which has
been taken note of hereinabove, does not in any manner
demonstrate or showcase either a passive or active relinquishment
on the part of the petitioners of their right to challenge the Sub-
Inspector Recruitment Examination 2021. This challenge is based
on the failure of the examination process to uphold and maintain
the integrity of the examination process as well as its sanctity. At
the risk of repetition, this Court emphasizes and notes that the
petitioners, immediately after acquiring knowledge of the issuance
of the last appointment order, approached this Court within a
limited period of two weeks. Consequently, it cannot be said that
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there was any passive acceptance on the part of the petitioners
regarding the fate or outcome of the examination process.
64. Moreover, it also cannot be inferred or said that passive
acceptance subsisted or existed on the part of the petitioners until
the declaration of the impugned appointment orders. This is
because the petitioners, like other citizens of the State, were
basing their trust and reliance upon the Special Operations Group
(SOG) to conduct a thorough investigation into the malpractices
alleged in the recruitment process and to take requisite steps in
that regard. The petitioners had no idea or anticipation that the
respondents, in the context of the malpractices that had come to
light, would actually proceed to issue appointment orders. The
mere fact that the petitioners participated in the recruitment
process does not automatically operate to dissuade or preclude
them from further challenging the integrity of the process. This is
particularly so because a significant set of details pertaining to the
malpractices and the investigation thereof were only unfolded or
became known at a subsequent stage, namely in the year 2024.
The examination process, which held great public importance for
the candidates who had not only invested their time but also
expended resources in preparing for the same, was continuously
kept track of by the candidates/petitioners. Therefore, in the
factual context of the present petitions, the claimed bar of delay,
estoppel, acquiescence, and waiver finds no merit or substance.
65. In support of the observations made herein-above, this
Court deems it appropriate to place reliance upon the dictum of
the Hon’ble Apex Court as enunciated in Baishakhi
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Bhattacharya (Supra), the relevant extract of which, is
reproduced herein-under:-
“43. WBSSC and the candidates have raised pleas of
estoppel, delay, and laches in filing the writ petitions. In
our view, the impugned judgment correctly dismisses
these pleas, relying on this Court’s judgment in Chennai
Metropolitan Water Supply and Sewerage Board and Ors.
v. T.T Murali Babu: (2014) 4 SCC 108. The judgment
distinguishes between acquiescence, delay and
laches, noting that they have distinct
characteristics, though the underlying principle
remains one of estoppel. Laches refers to
remissness or slackness, involving unreasonable
delay or negligence in seeking equitable relief,
which prejudices the other party. It arises from the
neglect of a party to assert their right, thereby
preventing them from obtaining relief. In our
opinion, this bar does not apply here, as the fraud
and illegalities were only uncovered in 2021 and
2022. Applying the defence of laches, which is not a
statutory bar, would be contrary to equity and
justice in these circumstances. The principle of
acquiescence also does not apply, as it assumes
knowledge of the act, followed by passive
acceptance. Therefore, it introduces a new implied
defence that does not fit the facts of this case.
Delay, as a general principle, encompasses both
laches and acquiescence, and delay is always fact-
specific. In this case, where fraud was concealed,
as well as a cover up was practised, these principles
cannot be applied.
44. We have already partially addressed the plea of failure
to adhere to the principles of natural justice while
examining the applicable case law. It is also important to
emphasize that, in this case, public notices were issued,
and the candidates/applicants/Petitioners were afforded
the opportunity to inspect the data and present their
arguments. In light of the facts of this case, we are of the
opinion that the principles of natural justice cannot be
invoked to validate the fraud that has occurred. These
principles are not rigid or inflexible; rather, they must be
applied with due regard to the specific facts and
circumstances at hand.”
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66. Hence, in light of the observations recorded herein-
above, it is deemed appropriate and judicious to strike down and
dismiss the preliminary objections that have been raised by the
respondents.
67. As a natural and logical consequence of the striking
down of these preliminary objections, this Court shall now proceed
to delve into, examine, and adjudicate upon the contentions and
arguments that have been raised by the respective sides. The
focus of this examination shall be on the issue pertaining to the
sanctity of the examination in question. Furthermore, the Court
shall also consider and determine in what circumstances, if any, it
would be necessary and appropriate for the examination to be
conducted afresh. This determination shall be made taking into
account the extent of the malpractices that have been alleged and
established in the recruitment process, and whether or not these
malpractices were systemic in nature, thereby impacting the
overall validity and fairness of the examination process.
68. At this stage, this Court would deem it appropriate to
outline that in evaluating the merits of the case going forward,
due weightage shall be accorded to the interplay of the factual
matrix as presented through the record and the legal principles
enunciated through the cited case laws, as noted above, in order
to arrive at a just and judicious determination of the broader issue
of public importance i.e. the future of public examinations for
recruitment on an integral public post of Sub-inspector in the
State of Rajasthan, which has been ongoing since the Year 2021,
seeking finality viz-a-viz it’s fate.
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B. Position of Law as expounded by the Hon’ble Supreme
Court of India over the Years.
69. At this nascent stage of discussion, this Court feels it
rather indispensable to carefully juxtapose the legal authorities
cited by the learned counsel for both the sides, especially
regarding the scenarios which permit the cancellation of public
examinations altogether upon any malpractices being discovered
as opposed to those circumstances, where the recruitment’s fate
remains unchallenged whilst certain candidates at fault are simply
weeded out, without disturbing the recruitment process in-toto.
The said exercise shall lay down before the Court the foundational
basis to assess the petitioner’s prayers regarding the cancellation
of the examination, as opposed to the State’s stance of rather
weeding out the guilty whilst permitting the selection process of
2021 to see the light of day.
70. In Bihar School Examination Board vs. Subhas
Chandra Sinha and Ors. reported in (1970) 1 SCC 648, a 3
Judge Bench of the Hon’ble Supreme Court was faced with a
challenge where several instances of malpractice and third-party
interference were reported at a particular examination centre for
the Secondary School Examinations. While dealing with the issue
at hand, the Hon’ble Supreme Court held that in circumstances
where the behaviour of all examinees/candidates, or at least a
vast majority of them, at a specific examination centre indicates
the use of unfair means or cheating, it might not be necessary for
the examination board to provide individual opportunities for
hearings to each of the candidates if the decision is made to
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cancel the entire examination. This scenario is distinct from a case
where a single individual is accused of using unfair means and
needs to defend themselves against those specific allegations.
71. In essence, it was deducted that when an examination
is compromised due to widespread use of unfair means, it
represents a unique category of circumstances. In such cases, the
pervasive nature of cheating or irregularities affects the overall
integrity of the examination process at that centre, making it
unnecessary to provide individual notices or hearings to each
candidate before deciding to cancel the examination. The rationale
behind this is that widespread nature of unfair practices taints the
entire examination process, placing it in a separate category from
individualized charges of misconduct. Accordingly, given the broad
impact of the unfair means on the examinations validity and
integrity, the Hon’ble Apex Court held that the Bihar School
Examination Board was not obligated to offer individual hearings
to candidates before canceling the entire exam due to the
overarching issue of widespread cheating or irregularities, thereby
acknowledging the distinction between addressing isolated
instances of misconduct versus dealing with a situation where the
examination process as a whole has been compromised by
extensive use of unfair means. The relevant extract of the Hon’ble
Apex Court’s dictum is reproduced herein-under:-
“12. This is not a case of any particular individual who is
being charged with adoption of unfair means but of the
conduct of all the examinees or at least a vast majority of
them at a particular center. If it is not a question of
charging any one individually with unfair-means but to(Downloaded on 28/08/2025 at 10:10:06 PM)
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was held,
must the Board give an opportunity to all the candidates
to represent their cases ? We think not. It was not
necessary for the Board to give an opportunity to
the candidates if the examinations as a whole were
being cancelled. The Board had not charged any one
with unfair means so that he could claim to defend
himself. The examination was vitiated by adoption of
unfair means on a mass scale. In these
circumstances it would be wrong to insist that the
Board must hold a detailed inquiry into the matter
and examine each individual case to satisfy itself
which of the candidates had not adopted unfair
means. The examination as a whole had to go.”
72. In Madhyamic Shiksha Mandal MP vs. Abhilash
Shiksha Prasar Samiti and Ors. reported in (1998) 9 SCC
236, the Hon’ble Supreme Court defined the scope of judicial
review in examinations where mass copying and use of unfair
means was established as a matter of fact and held that the entire
examination ought to cancelled owing to a report indicating
widespread cheating and a breach of exam security involving the
leakage of the question paper. The circumstances revealed that
teachers overseeing the examination centres had failed to object
to students bringing books into the examination hall, which
suggests that the teachers were complicit in allowing this
misconduct to occur. Therefore, in light of these findings, the
cancellation of the entire examination was deemed appropriate.
73. It is rather to pertinent to note that in Madhyamic
Shiksha Mandal MP (Supra), the Hon’ble Supreme Court stated
and clarified in the ruling that the potential adverse impact on
some innocent students who may have been affected by this
decision to cancel the examination as a whole, in the sense that
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they might not have engaged in any misconduct themselves, was
considered inconsequential in the overall decision to cancel the
examination. In other words, despite the possibility that there
might have been students who took the exam without resorting to
unfair means and who might suffer as a result of the cancellation,
this factor did not outweigh the necessity of canceling the
examination given the serious breaches of exam integrity that had
occurred due to mass copying, leakage of the question paper, and
the complicity of teachers in allowing books into the exam hall.
Thus, the Hon’ble Supreme Court weighed the gravity of these
irregularities and led to the conclusion that canceling the entire
examination was the appropriate course of action, regardless of
the impact on potentially innocent students. The relevant extract
of the dictum enunciated in Madhyamic Shiksha Mandal MP
(Supra), is reproduced herein-under:-
“2………….In the face of this material, we do not see any
justification in the High Court having interfered with the
decision taken by the Board to treat the examination as
cancelled. It is unfortunate that the student community
resorts to such methods to succeed in examinations and
then some of them come forward to contend that
innocent students become victims of such misbehavior of
their companions. That cannot be helped. In such a
situation the Board is left with no alternative but to
cancel the examination. It is extremely difficult for
the Board to identify the innocent students from
those indulging in malpractices. One may feel sorry
for the innocent students but one has to appreciate
the situation in which the Board was placed and the
alternatives that were available to it so far as this
examination was concerned. It had no alternative
but to cancel the results and we think, in the
circumstances, they were justified in doing so. This
should serve as a lesson to the students that such
malpractices will not help them succeed in the(Downloaded on 28/08/2025 at 10:10:06 PM)
[2025:RJ-JP:33343] (88 of 202) [CW-13806/2024]examination and they may have to go through the drill
once again. We also think that those in charge of the
examinations should also take action against their
Supervisors/Invigilators, etc., who either permit such
activity or become silent spectators thereto. If they feel
insecure because of the strong-arm tactics of those who
indulge in malpractices, the remedy is to secure the
services of the Uniformed Personnel, if need be, and
ensure that students do not indulge in such
malpractices.”
74. Whereas, in Union of India and Ors. vs. Rajesh P.U.
Puthuvalnikathu and Anr. reported in (2003) 7 SCC 285, the
Hon’ble Apex Court tasked a Special Committee with scrutinizing
the answer sheets of a total of 318 candidates. This included both
successful candidates (134 in number) and unsuccessful
candidates (184 in number). Upon conducting this scrutiny, the
Special Committee identified only 31 candidates out of these as
having been involved in unfair practices during the examination.
Therefore, based on the findings of the Special Committee, this
Court made a determination regarding the decision that had been
taken by the competent authority. The competent authority had
decided to cancel the entire recruitment process due to the
occurrence of unfair practices. However, the Hon’ble Apex Court
struck down this decision qua cancellation of the examination
whilst expounding that the cancellation of the entire recruitment
process would be an extreme measure. It was considered
unreasonable and unnecessary given the specific circumstances of
the case, particularly because only a relatively small number of
candidates (31 out of 318 scrutinized) were found to have
engaged in unfair practices.
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75. In arriving at the decision of non-cancellation of the
entire examination, the Court applied a particular test or criterion
which involved assessing whether there were widespread and
pervasive issues or irregularities that had the effect of
undermining the entire examination or recruitment process.
Additionally, the Court considered whether it was impossible to
distinguish or “weed out” those candidates who had benefited
from the irregularities or illegalities from those who had not.
Resultantly, since the number of candidates involved in unfair
practices was limited (31 out of the scrutinized candidates), and
given that it was possible to identify and deal with those specific
candidates rather than impacting the entire recruitment process,
the Court found that cancelling the entire process was not
justified.
76. In this background, this Court now deems it
appropriate to take note of the three-pronged test expounded by
the Hon’ble Apex Court in Inderpreet Singh Kahlon and Ors.
vs. State of Punjab and Ors. reported in (2006) 11 SCC 356.
The Hon’ble Apex Court laid out and explained three key principles
that must be followed when considering the cancellation of
appointments due to issues with the selection process. Firstly, it
was noted that before canceling the appointments, there needs to
be a level of satisfaction on the part of the State regarding the
adequacy and sufficiency of the evidence or material collected.
This material should be enough to lead the State to conclude that
the selection process was compromised or tainted in some
significant way. Secondly, to ascertain whether the illegalities or
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irregularities that occurred are serious enough to undermine the
entire selection process- meaning they go to the root of the
matter and thus vitiate the whole process- the satisfaction of the
State must be based on a thorough and reasoned investigation.
This investigation should be conducted in a manner that is fair and
transparent. Thirdly, there must be enough evidence or material to
justify the conclusion that either the majority of the appointments
made were part of a fraudulent scheme or purpose, or that the
system of selection itself was corrupt.
77. This three-pronged test, as outlined by the Hon’ble
Apex Court in Inderpreet Singh Kahlon (Supra) is deemed
appropriate for guiding decisions on whether to cancel
examinations en masse due to malpractices or the use of unfair
means by candidates. Adherence to these principles is necessary
when deliberating on such cancellations to ensure that any
decision made is justified and based on substantial grounds. The
relevant extract of the judgments is reproduced herein-under:-
“27. If the services of the appointees who had put in few
years of service were terminated; compliance of three
principles at the hands of the State was imperative, viz.,
to establish (1) Satisfaction in regard to the sufficiency of
the materials collected so as to enable the State to arrive
at its satisfaction that the selection process was tainted;
(2) determine the question that the illegalities committed
go to the root of the matter which vitiate the entire
selection process. Such satisfaction as also the sufficiency
of materials were required to be gathered by reason of a
thorough investigation in a fair and transparent manner;
(3) Whether the sufficient material present enabled the
State to arrive at satisfaction that the officers in majority
have been found to be part of the fraudulent purpose or
the system itself was corrupt.”
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78. In this discourse, it would be prudent to take note of
the Hon’ble Apex Court’s findings in Chairman, All India
Railway Recruitment Board and Anr. vs. K. Shyam Kumar
and Ors. reported in (2010) 6 SCC 614 where initially the High
Court had overturned the decision made by the Railway
Recruitment Board to cancel the impugned examination and
instead conduct a retest due to allegations of malpractices
including widespread copying, leakage of the question paper, and
impersonation, however, in appeal, the Hon’ble Apex Court
intervened and ultimately struck down the High Court’s decision
and upheld the opinion and decision of the Railway Recruitment
Board. The Railway Recruitment Board had decided to cancel the
examination and conduct a retest after considering the evidence
on record. The evidence pointed to extensive irregularities and
malpractices in the initial written test. In upholding the Railway
Board’s decision qua cancellation, the Hon’ble Apex Court took
into account the widespread nature of the irregularities and
malpractices that had occurred in the first test. These irregularities
and malpractices included mass copying by candidates, instances
of impersonation, and leakage of the question paper. The Court
concluded that these issues had significantly compromised the
integrity of the examination. Rather than being limited to
misconduct by just a handful of candidates, the problems were
pervasive and had tainted the entire examination process.
79. Therefore, considering the facts and circumstances of
the case, along with the overarching goal of ensuring a fair
selection process for candidates, the Hon’ble Apex Court opined
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that the Railway Recruitment Board’s decision to cancel the
examination was both reasonable and balanced, especially given
the extent of the malpractices which rendered the goal of the
examination vitiated and invalid. Hence, to ensure fairness in the
selection process, the decision to cancel the examination and
order a re-test was deemed appropriate and reasonable. The
relevant extract of the Hon’ble Apex Court’s dictum is reproduced
herein-under:-
“37. We, therefore hold, applying the test of Wednesbury
unreasonableness as well as the proportionality test, the
decision taken by the Board in the facts and
circumstances of this case was fair, reasonable, well
balanced and harmonious. By accepting the third
alternative, the High Court was perpetuating the
illegality since there were serious allegations of
leakage of question papers, large scale of
impersonation by candidates, mass copying in the
first written test.
38. We are also of the view that the High Court has
committed a grave error in taking the view that the order
of the Board could be judged only on the basis of the
reasons stated in the impugned order based on the report
of vigilance and not on the subsequent materials
furnished by the CBI. Possibly, the High Court had in
mind the constitution bench judgment of this Court in
Mohinder Singh Gill and Anr. v. The Chief Election
Commissioner, New Delhi and Anr. : (1978) 1 SCC 405
39. We are of the view that the decision maker can
always rely upon subsequent materials to support
the decision already taken when larger public
interest is involved. This Court in Madhyamic Shiksha
Mandal, M.P. v. Abhilash Shiksha Prasar Samiti and Ors.:
(1998) 9 SCC 236 found no irregularity in placing reliance
on a subsequent report to sustain the cancellation of the
examination conducted where there were serious
allegations of mass copying.
The principle laid down in Mohinder Singh Gill‘s case is
not applicable where larger public interest is involved and
in such situations, additional grounds can be looked into
to examine the validity of an order. Finding recorded by
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the High Court that the report of the CBI cannot be
looked into to examine the validity of order dated
04.06.2004, cannot be sustained.
………
43. We are also of the view that the High Court was in
error in holding that the materials available relating to
leakage of question papers was limited and had no
reasonable nexus to the alleged large scale irregularity.
Even a minute leakage of question paper would be
sufficient to besmirch the written test and to go for
a re-test so as to achieve the ultimate object of fair
selection.”
80. Similarly, the Hon’ble Apex Court in Tanvi Sarwal vs.
CBSE and Ors. reported in (2015) 6 SCC 573 ordered the
cancellation of the All India Pre-Medical and Pre-Dental Entrance
Test (AIPMT) due to widespread malpractices involving the use of
electronic devices to cheat. The Court found that a deep-rooted
conspiracy involving a gang of persons using electronic devices
had compromised the integrity of the examination. The
malpractices included transmitting answer keys to candidates
during the test. Resultantly, the Court directed the Central Board
of Secondary Education to conduct a fresh examination within a
span of four weeks. In arriving at the decision, due weightage was
accorded to the status reports filed by the investigating agency,
which revealed the extent of the malpractices and the involvement
of a nationwide network. The decision, in essence, emphasized the
importance of maintaining the sanctity and fairness of competitive
examinations like AIPMT. The relevant extract of the judgment is
reproduced herein-under:-
“12. The investigating agency in its report has
stated in clear terms that from the disclosures
recorded, it is beyond doubt that the strategy of
providing answer key has been executed by an(Downloaded on 28/08/2025 at 10:10:06 PM)
[2025:RJ-JP:33343] (94 of 202) [CW-13806/2024]organized gang with a network spreading over
different parts of the country. The Inspector General
of Police, Haryana who was present with his team, having
been granted the leave, submitted that the investigation
in full swing is in progress and that undoubtedly many
more beneficiaries of the plot would be identified at the
earliest. He however could not, provide a deadline of
time by which it could be done and the ongoing
investigation could be completed. He frankly
admitted as well, that in the process it might not be
possible to identify each and every beneficiary of
the malpractice perpetrated.
13. On a consideration of the revelations in course of the
investigation, we are of the view that the examination
indeed have been exposed to a deep rooted conspiracy of
a gang of persons who with the aid of electronic devices
have been able to access the beneficiary candidates with
the answer keys during the test so as to enable them to
solve the question paper. This, as the investigation
discloses was on the basis of a premeditated design
and the benefit has been extended on monetary
consideration. These, we hasten to add, are
gathered from the status reports submitted before
this Court from time to time, the authenticity
whereof has not been questioned. The disclosures,
to state the least, are startling and alarming as
well. The status reports disclose involvement of
persons who had been similarly involved in such a
strategy and are the beneficiaries thereof. We have
noted that the investigation in the cases registered
has progressed well and having regard to the
magnitude of the exercise involved, we accept that
some more time would be necessary to complete
the same in all respects.
…….
16. Segregation only of the already 44 identified
candidates stated to be the beneficiaries of the
unprincipled manoeuvre by withholding their
results for the time being, in our comprehension
cannot be the solution to the problem that
confronts all of us. Not only thereby, if the process
is allowed to advance, it would be pushed to a
vortex of litigation pertaining thereto in the
foreseeable future, the prospects of the candidates
would not only remain uncertain and tentative,
they would also remain plagued with the prolonged(Downloaded on 28/08/2025 at 10:10:06 PM)
[2025:RJ-JP:33343] (95 of 202) [CW-13806/2024]anguish and anxiety if involved in the ordeal of
court cases. Acting on this option, would in our
estimate, amount to driving knowingly the students, who
are not at fault, to an uncertain future with their
academic career in jeopardy on many counts. Further,
there would also be a lurking possibility of unidentified
beneficiary candidates stealing a march over them, on
the basis of the advantages availed by them through the
underhand dealings as revealed. Having regard to the
fact, that the course involved with time would yield the
future generations of doctors of the country, who would
be in charge of public health, their inherent merit to
qualify for taking the course can by no means be
compromised.
…..
19. We are aware, that the abrogation of the
examination, would result in some inconvenience to
all concerned and that same extra time would be
consumed for holding a fresh examination with
renewed efforts therefor. This however, according
to us, is the price, the stakeholders would have to
suffer in order to maintain the impeccable and
irrefutable sanctity and credibility of a process of
examination, to assess the innate worth and
capability of the participating candidates for being
assigned inter se merit positions commensurate to
their performance based on genuine and sincere
endeavours. It is a collective challenge that all the
role-players would have to meet, by rising to the
occasion and fulfill the task ahead at the earliest,
so as to thwart and abort the deplorable design of a
mindless few seeking to hijack the process for
selfish gain along with the unscrupulous
beneficiaries thereof. Though the Board has taken a
plea that having regard to the enormity of the exercise to
be undertaken, the same cannot be redone before four
months, we would emphasize that this is an occasion
where it (the Board) ought to gear up in full all its
resources in the right spirit, in coordination with all other
institutions that may be involved so as to act in tandem
and hold the examination afresh at the earliest. In the
course of the arguments, this Court was apprised that on
previous occasions such type of examination had been
held anew within a period of one month. We have no
reason to doubt, that all other institutions would not lag
behind to extend all possible assistance to the Board in(Downloaded on 28/08/2025 at 10:10:06 PM)
[2025:RJ-JP:33343] (96 of 202) [CW-13806/2024]its renewed endeavour. We are not unaware that in
holding the present examination as well as in
participating in the exercise, all genuinely
concerned have put in tireless efforts. All these
however have been rendered futile by a handful of
elements seeking to reap undue financial gain by
subjecting the process to their evil manoeuvres. We
have thus no hesitation to order that the All India
Pre-Medical and Pre-Dental Test stands
cancelled….”
81. In Gohil Vishwaraj Hanubhai and Ors. vs. State of
Gujarat and Ors. reported in (2017) 13 SCC 621, the Hon’ble
Apex Court upheld the Government of Gujarat’s decision to cancel
the 2014 Revenue Talati Examination due to widespread
malpractices and allegations of large-scale tampering. In doing so,
the Hon’ble Apex Court applied the principles of judicial review viz-
a-viz illegality and irrationality alongside wednesbury’s
unreasonableness and procedural impropriety in the conduct of
the examination. The Court found that the decision to cancel the
examination was reasonable and not perfectly proportionate
considering the underlying need to maintain the examination’s
integrity, especially taking note of the fact that identifying
individual wrongdoers would be impractical and time-consuming.
82. While cancelling the examination, the Hon’ble Apex
Court held as under:-
28. The submission by the Appellants is that the mere
fact that some of the candidates resorted to some
malpractice cannot lead to the conclusion that the entire
examination process is required to be cancelled as it
would cause undue hardship to huge number of innocent
candidates. In other words, the Appellants urge this
Court to apply the primary review test.
29. We have already held that there were large scale
malpractices at the examination process and the State(Downloaded on 28/08/2025 at 10:10:06 PM)
[2025:RJ-JP:33343] (97 of 202) [CW-13806/2024]was entitled to take appropriate remedial action. In the
context of the occurrence of such malpractice obviously
there can be two classes of candidates: those who had
resorted to malpractice and Ors. who did not. By the
impugned action, no doubt, all of them were treated
alike. Whether such herding together would amount to
the denial of the equal protection guaranteed Under
Article 14? is the question.
Identifying all the candidates who are guilty of
malpractice either by criminal prosecution or even
by an administrative enquiry is certainly a time
consuming process. If it were to be the
requirement of law that such identification of the
wrong doers is a must and only the identified
wrongdoers be eliminated from the selection
process, and until such identification is completed
the process cannot be carried on, it would not only
result in a great inconvenience to the
administration, but also result in a loss of time
even to the innocent candidates. On the other hand,
by virtue of the impugned action, the innocent
candidates (for that matter all the candidates
including the wrong doers) still get an opportunity
of participating in the fresh examination process to
be conducted by the State.
The only legal disadvantage if at all is that some of them
might have crossed the upper age limit for appearing in
the fresh recruitment process. That aspect of the matter
is taken care of by the State. Therefore, it cannot be said
that the impugned action is vitiated by lack of nexus with
the object sought to be achieved by the State, by herding
all the candidates at the examination together.”
83. In the case of State of Tamil Nadu and Anr. vs. A.
Kalaimani and Ors. reported in (2021) 16 SCC 217, numerous
allegations surfaced pointing to large-scale malpractices in the
examination process. Specifically, these malpractices involved
tampering with Optical Mark Recognition (OMR) sheets. The
Teachers Recruitment Board conducted a further scrutiny of the
examination results and findings. Upon this scrutiny, it was
discovered that a total of 196 candidates had benefited from
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fraudulent alterations of their marks. Given these circumstances,
the Court drew upon and relied on the principles and rulings
previously enunciated in the case of Gohil Vishwaraj Hanubhai
(Supra). The Court held that in situations like this, where serious
doubts have been cast regarding the magnitude and extent of
manipulation and malpractices in the conduct of the examination,
due weightage and consideration must be given to these doubts.
This is despite the fact that such a decision might cause
inconvenience to candidates who were not involved in or tainted
by the malpractices.
84. Resultantly, the Court upheld the finding of the
Teachers Recruitment Board that there existed a likelihood or
chance of more individuals being involved in the manipulation of
marks in the examination. The decision taken by the Board to take
action in light of these findings was considered to be a bona fide
decision. The rationale behind this was to instill and maintain
confidence in the public regarding the integrity of the selection
process for teachers. The Board’s actions were aimed at ensuring
that the selection process was fair, transparent, and free from the
influence of malpractices, thereby upholding the credibility of the
examination outcomes.
85. Similarly, in Sachin Kumar and Ors. vs. Delhi
Subordinate Service Selection Board and Ors. reported in
(2021) 4 SCC 631, the Hon’ble Apex Court made observations
regarding the determination of when the examination process is
compromised or vitiated due to the presence of irregularities. The
Court noted that making such a determination necessitates a
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thorough and in-depth fact-finding inquiry into the specifics of the
case. The crux of the matter lies in assessing whether the
irregularities that occurred were systemic in nature, meaning they
were widespread or ingrained enough within the examination
process to undermine the sanctity, credibility, and integrity of the
entire process. In certain cases, the irregularities detected may be
so severe that they border on or even constitute fraud. When this
happens, the credibility and legitimacy of the examination process
are severely damaged. In such scenarios where widespread
irregularities or fraud have corrupted the process to a significant
extent, and it becomes difficult or impossible to distinguish or
separate the participants who were tainted by these irregularities
from those who were not involved, the only viable option may be
to cancel the entire result of the examination.
86. Having said that, the Hon’ble Apex Court observed that
on the other hand, there are cases where irregularities were
committed but only by some of the participants. In these
situations, it might be feasible to segregate or distinguish the
wrongdoers from those candidates who adhered to the rules and
did not engage in any misconduct. Here, the principle is that the
innocent candidates should not suffer or be penalized for the
wrongful actions of others. By identifying and segregating those
who were guilty of misconduct, the selection process for the
remaining untainted candidates can proceed to its logical
conclusion. The Hon’ble Apex Court underscored that this
approach aligns with the constitutional principles of equality of
opportunity as guaranteed under Article 16(1) of the Constitution
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[2025:RJ-JP:33343] (100 of 202) [CW-13806/2024]
of India while also adhering to the fundamental requirements of
Article 14 of the Constitution of India, which mandates that any
process undertaken by the state must be fair, equitable, and
reasonable.
87. In essence, the Court clarified that due care must be
taken to ensure that innocent candidates are not unfairly
penalized or treated in the same manner as the wrongdoers by
virtue of cancelling the entire examination process. In an event
where they are, treating both the innocent and the wrongdoers
equally in such a scenario would amount to treating unequals
equally, which would be a violation of Article 14 of the
Constitution. The principle is that innocent candidates should not
be punished for faults or misconduct they did not commit. Thus, it
was conclusively held that while the recruiting body has a certain
measure of discretion in making decisions regarding the conduct
and outcome of examinations, however, such decisions are always
subject to judicial control and review and accordingly, the body
must balance its discretion with the need to ensure fairness and
equity in the process.
88. The relevant extract of the dictum enunciated in
Sachin Kumar (Supra) is reproduced herein-under:-
“57. Recruitment to public services must command
public confidence. Persons who are recruited are
intended to fulfil public functions associated with
the functioning of the Government. Where the
entire process is found to be flawed, its cancellation
may undoubtedly cause hardship to a few who may
not specifically be found to be involved in wrong-
doing. But that is not sufficient to nullify the
ultimate decision to cancel an examination where
the nature of the wrong-doing cuts through the
entire process so as to seriously impinge upon the(Downloaded on 28/08/2025 at 10:10:06 PM)
[2025:RJ-JP:33343] (101 of 202) [CW-13806/2024]legitimacy of the examinations which have been
held for recruitment. Both the High Court and the
Tribunal have, in our view, erred in laying exclusive focus
on the report of the second Committee which was
confined to the issue of impersonation. The report of the
second Committee is only one facet of the matter. The
Deputy Chief Minister was justified in going beyond it and
ultimately recommending that the entire process should
be cancelled on the basis of the findings which were
arrived at in the report of the first Committee. Those
findings do not stand obliterated nor has the Tribunal
found any fault with those findings. In this view of the
matter, both the judgments of the Tribunal and the High
Court are unsustainable.”
89. More recently, in Vanshika Yadav vs. Union of India
and Ors. reported in (2024) 9 SCC 743, the Hon’ble Apex Court
shed further light on the distinction between the tainted and
untainted candidates in an examination where malpractices are
alleged and what recourse must the examination administrating
body take in an event where the two sets of candidates may or
may not be distinguishable. The Court made observations
regarding the methodology that courts should employ when
adjudicating cases that involve allegations of malpractices in
examinations or similar competitive processes. The Court stressed
the importance of adopting a holistic view of the circumstances
surrounding the allegations of malpractice. This holistic approach
involves assessing the extent to which unfair means were utilized
during the examination process. Additionally, it involves evaluating
whether it is feasible to differentiate or separate the candidates
who were implicated or tainted by these malpractices from those
candidates who remained untainted and conducted themselves in
accordance with the rules.
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90. In the process of adopting this comprehensive or
holistic view, and in making a determination regarding the
allegations of malpractice, the Court must ensure that the
allegations are substantiated. This substantiation requires that the
material available on record, which includes investigative reports
or other relevant evidence pertaining to the case, supports the
conclusion that malpractices did indeed occur. The Court
underscored the necessity of having at least some evidence on
record to justify reaching a conclusion about the occurrence and
implications of the alleged malpractices. At the same time, the
Supreme Court clarified that the threshold or standard of evidence
needed to establish that malpractices occurred does not need to
be excessively rigid or unreasonably strict. In particular, the
evidence or material on record is not required to conclusively point
to a singular, definitive finding that malpractice took place at a
systemic level throughout the examination.
91. Therefore, for the Court to be satisfied that
malpractices have affected the examination process, there needs
to be a genuine or real possibility of systemic malaise or
widespread problems as indicated by the material presented
before the Court. This suggests that the evidence must be
indicative of a level of malpractices significant enough to
potentially compromise the overall integrity of the examination
process.
92. Most recently, the Supreme Court of India in Special
Leave Petition (Civil) No. 9586/2024 titled as State of West
Bengal vs. Baishakhi Bhattacharyya (Chatterjee) and Ors.
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[2025:RJ-JP:33343] (103 of 202) [CW-13806/2024]
upheld the Calcutta High Court’s decision declaring the 2016 West
Bengal School Service Commission (WBSSC) recruitment process
null and void, citing systemic fraud, procedural lapses and
manipulation in the recruitment process. In support of the
malpractices, reliance was placed upon the evidence on record
which exhibited serious irregularities including rank jumping, fake
panels and prima facie liability of the WBSSC officials themselves.
The primary rationale, underscoring the tone of the judgment,
stressed on the fact that ‘fraud vitiates everything’, overriding
individual innocence in the face of systemic corruption and
administrative complicity. The Court relied on several precedents,
many of which are discussed above, to justify the quashing of the
recruitment process due to compromised integrity and public
confidence, which are the cornerstones of any fair selection
process in the public sphere.
93. The relevant extract of the dictum enunciated in
Baishakhi Bhattacharyya (Supra) is reproduced herein-under:-
“19. The following principles emerge from the aforesaid
discussion:
• When an in-depth factual inquiry reveals systemic
irregularities, such as malaise or fraud, that undermine
the integrity of the entire selection process, the result
should be cancelled in its entirety. However, if and
when possible, segregation of tainted and untainted
candidates should be done in consonance with fairness
and equity.
• The decision to cancel the selection en masse must
be based on the satisfaction derived from sufficient
material collected through a fair and thorough
investigation. It is not necessary for the material
collected to conclusively prove malpractice beyond a
reasonable doubt. The standard of evidence should be
reasonable certainty of systemic malaise. The
probability test is applicable.
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• Despite the inconvenience caused to untainted
candidates, when broad and deep manipulation in the
selection process is proven, due weightage has to be
given to maintaining the purity of the selection process.
• Individual notice and hearing may not be necessary
in all cases for practical reasons when the facts
establish that the entire selection process is vitiated
with illegalities at a large scale.
……..
43. WBSSC and the candidates have raised pleas of
estoppel, delay, and laches in filing the writ
petitions. In our view, the impugned judgment
correctly dismisses these pleas, relying on this
Court’s judgment in Chennai Metropolitan Water
Supply and Sewerage Board and Ors. v. T.T Murali
Babu: (2014) 4 SCC 108. The judgment distinguishes
between acquiescence, delay and laches, noting that they
have distinct characteristics, though the underlying
principle remains one of estoppel. Laches refers to
remissness or slackness, involving unreasonable delay or
negligence in seeking equitable relief, which prejudices
the other party. It arises from the neglect of a party
to assert their right, thereby preventing them from
obtaining relief. In our opinion, this bar does not
apply here, as the fraud and illegalities were only
uncovered in 2021 and 2022. Applying the defence
of laches, which is not a statutory bar, would be
contrary to equity and justice in these
circumstances. The principle of acquiescence also does
not apply, as it assumes knowledge of the act, followed
by passive acceptance. Therefore, it introduces a new
implied defence that does not fit the facts of this case.
Delay, as a general principle, encompasses both laches
and acquiescence, and delay is always fact-specific. In
this case, where fraud was concealed, as well as a
cover up was practised, these principles cannot be
applied.”
C. Key takeaway’s from the cited legal
authorities/precedents, discussed above.
94. After having carefully taken note of the judicial
developments over the years, this Court deems it appropriate to
outline the key principles regarding the cancellation of a selection
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process due to systemic irregularities or fraud, deduced from the
foregoing judgments of the Hon’ble Apex Court. They are as
follows:-
* Principle 1: Cancellation Due to Systemic
Irregularities: When an in-depth factual inquiry reveals systemic
irregularities like malaise or fraud that undermine the integrity of
the entire selection process, then in such circumstances, the result
should be cancelled in its entirety. However, if and where possible,
segregation of tainted and untainted candidates should be done,
with special emphasis on fairness and equity.
* Principle 2: Basis for Cancellation Decision: The decision
to cancel the selection en masse must be based on sufficient
material collected through a fair and thorough investigation. This
material does not need to conclusively prove malpractice beyond a
reasonable doubt. Instead, the standard of evidence should be
reasonable certainty of systemic malaise, applying the probability
test.
* Principle 3: Prioritizing Process Purity: Despite the
inconvenience caused to the untainted candidates, when broad
and deep manipulation in the selection process is proven, due
weightage has to be given to maintaining the purity of the
selection process. This ensures public trust in government
recruitment and upholds Article 14 and 16 of the Constitution of
India, certifying equality before the law and equality of
opportunity in public employment.
* Principle 4: Individual Notice and Hearing: Individual
notice and hearing may not be necessary in all cases for practical
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reasons when the facts establish that the entire selection process
is vitiated with illegalities at a large scale. This approach prevents
undue delays and ensures swift action to restore fairness,
especially when systemic fraud affects the entire process.
D. Illegalities in the Selection/Recruitment Process
95. After having meticulously taken note of and considered
the legal jurisprudence pertaining to the subject of when, and
under what circumstances, if at all, the entire selection process
ought to be struck down in cases where irregularities have been
alleged or established, this Court, at this present stage of the
proceedings, deems it necessary to analyze the record of the
instant petition. This analysis is undertaken with the purpose of
noting in great detail and particularity, the outcome of the
investigation that has been conducted by the Special Investigation
Team (SIT). The SIT’s investigation was constituted to inquire into
the allegations of malpractices in the Sub-Inspector (SI)
Recruitment Process 2021. The object of this detailed examination
is to explicitly lay down, delineate, and particularize the extent
and scope of the malpractices that were found to have crept into,
tainted, or otherwise impacted the said SI Recruitment Process
2021.
96. The report that has been submitted by Mr. Vijay Kumar
Singh, who holds the position of Additional Director General of
Police for the Anti-Terrorist Squad (ATS) and Special Operations
Group (SOG), and who is also the Chief/Chairman of the Special
Investigation Team (SIT), dated the 13.08.2024, sets forth in
detail the findings and outcomes of the investigation that was
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conducted under the aegis of the SIT into the allegations of
malpractices and irregularities in the Sub-Inspector Recruitment
Process 2021. The findings noted are as follows:-
A) The paper of both the shifts of the examination conducted on
13.09.2021 was leaked by the Kaler Gang:
(i) At Shri Ramsahay Adarsh Secondary School, located in
Rampura Basti, District Bikaner, the solved and leaked
examination paper was copied and transmitted using a
Bluetooth device by Mr. Tulcharam Kaler and Mr. Paurav Kaler,
who are related as uncle and nephew. The investigation team
noted that a Bluetooth device operates in a manner similar to
a mobile communication device, wherein it utilizes a
connection to a mobile phone which has a SIM card, and
communicates through a small earpiece that is placed in the
ear of the user. In this particular instance, a call was made
from a mobile phone operated by a person located outside the
examination centre to candidates who were sitting inside the
examination centre. Upon the initiation of the call from the
outside person, the Bluetooth device automatically activated,
thereby enabling the earpiece to receive the communication.
In accordance with the established modus operandi of the
Kaler paper leak gang, both the Bluetooth device as well as
the mobile phone that were utilized for the purpose of
transmitting the leaked paper were destroyed immediately
after the conclusion of the examination.
(ii) It is an established fact that both Mr. Tulcharam Kaler
and Mr. Paurav Kaler have previous criminal antecedents. Mr.
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Tulcharam Kaler was selected as a Sub-Inspector in 1991 but
was dismissed from service in 1993 due to a case registered
against him under Sections 365, 342, and 394 of IPC. In
2007, both appeared in the Sub-Inspector exam together;
Tulcharam wrote the exam for Paurav by exchanging answer
sheets, leading to Paurav’s selection. After a 2010 complaint
to RPSC, both were arrested, and Paurav was denied joining
as Sub-Inspector. Subsequently, Tulcharam opened Chanakya
Coaching Institute in Bikaner where Paurav taught since 2011.
Using the institute as cover, the Kaler Gang leaked papers and
facilitated cheating via Bluetooth devices for candidates in
government jobs. The investigation notes the Kaler Gang
didn’t need the paper before the exam as cheating was done
inside the exam hall using Bluetooth earpieces.
(iii) Other members of the Kaler-operated paper leak gang
included Rajaram alias Raju Matrix, who ran Matrix Classes
coaching centre in Bikaner. Raju Matrix and Tulcharam Kaler
had good relations, teaching in each other’s institutes. They
also had contacts with Mr. Charan and Praveen Kumar, who
taught in Bikaner coaching institutes. Praveen Kumar was
later selected as an auditor in CAG Jaipur.
(iv) The written examination for the Rajasthan Police Sub-
Inspector Recruitment 2021 was scheduled to be conducted
over the course of three days, specifically on the 13 th, 14th,
and 15th of September 2021, with the examination being held
in two shifts each day. One of the designated examination
centers for the conduct of this examination was Shri
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Ramsahay Adarsh Secondary School, located in Bikaner. The
Kaler Gang, in active collusion and concert with Raju Matrix,
devised and executed a plan to leak the question papers for
all three days of the examination before the commencement
of the examination. Dinesh Singh Chauhan, who holds the
position of Director/Owner of the said Shri Ramsahay Adarsh
Secondary School, entered into a monetary deal with Raju
Matrix and his associates to leak the question papers for all
three days of the examination prior to the start of the
examination, for a sum of Rs. 5 lakhs per day.
(v) On the first day of the examination, 13.09.2021, Dinesh
Singh Chauhan assigned Raju Matrix the duty of acting as an
invigilator for the impugned examination at his school. Before
the start of the first shift of the examination, Dinesh Singh
Chauhan opened the sealed envelope containing the question
paper for the first shift (Hindi paper), and gave the said paper
to Raju Matrix. Raju Matrix then took a photograph of the said
question paper using his mobile phone and sent it to the Kaler
Gang on their mobile numbers. Similarly, before the start of
the second shift of the examination, Dinesh Singh Chauhan
opened the sealed envelope containing the question paper for
the second shift (General Knowledge paper), gave it to Raju
Matrix, who again took a photograph of the paper using his
mobile phone and sent it to the Kaler Gang.
(vi) Thereafter, in order to solve the leaked question papers
that had been sent to them, the Kaler Gang utilized the aid
and assistance of professors from coaching institutes,
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specifically Mr. Charan and Mr. Kumar, who were professors of
Hindi and General Knowledge respectively. With their help, the
Kaler Gang solved the leaked papers and subsequently
communicated the answers to the candidates who were part
of their network, in exchange for monetary considerations.
During the course of the investigation into this matter, a case
bearing number 10/2024 was lodged against the accused
persons named hereinabove, under Sections 419, 420, 467,
468, 471, 477, 477A read with Section 34 and 120B of the
Indian Penal Code (IPC), Sections 3, 4, and 5 of the Rajasthan
Public Examination (Prevention of Unfair Means) Act 1992,
and Section 66D of the Information Technology Act. Following
the lodging of the case, the accused persons were arrested
and they narrated the above-noted facts during the
investigation.
(vii) Due to the documented paper leak that occurred in
Bikaner alone, three candidates were successfully selected to
the post of Sub-Inspector, namely Ankita Godara, Manisha
Siyag, and Prabha Bishnoi. In addition to these selected
candidates, several other candidates, namely Surendra Jat,
Manisha Gila, Manoj, Babita, Nirma, Rajaram Bishnoi, and
Raghuveer Charan, passed the written examination with the
aid of the leaked paper. However, these latter candidates were
unable to succeed beyond the stage of the written
examination. At this stage, it is also material to note that
Dinesh Singh Chauhan, who holds the position of
Director/Owner of the school and who had opened the sealed
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envelopes containing the question papers, was arrested on
the evening of 13.09.2021. As a consequence of his arrest, he
was unable to further aid and assist the Kaler Gang in
obtaining the question papers for the subsequent days of the
examination.
(viii) At the same time, it is a noteworthy and significant fact
that the leaked examination papers which were transmitted to
Raju Matrix via Dinesh Singh Chauhan, were not only sent to
the Kaler Gang but were also disseminated to Narendra
Khinchhad and Vikas Bishnoi in the district of Pali through the
medium of Whatsapp. In relation to the said leakage of the
examination paper, further cases were lodged in Pali, and
arrests were made in connection therewith.
(ix) In Pali, a report was submitted by Mr. Hemand Kumar
Joshi, Principal of Bharatiya Vidya Mandir Higher Secondary
School Ramnagar Pali, under Sections 420, 417, 188, 120B of
IPC, Sections 4/6 and 6A of the Rajasthan Public Examination
(Prevention of Unfair Means) Act 1992, and Section 66D of
the IT Act. The report pertained to an incident involving
Rajesh Beniwal, a candidate in the recruitment process,
whose examination center was Bharatiya Vidya Mandir Higher
Secondary School, Pali. During the Hindi paper examination of
the first shift on 13.09.2021, a Redmi multimedia mobile was
found in Rajesh Beniwal’s underwear when invigilator Mr.
Pawan Sharma checked at around 10:30 AM. Rajesh Beniwal
disclosed that his friend Narendra Khinchhad, sitting in a Tata
Harrier car outside, was aiding in cheating. Both were
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arrested. Notably, in Narendra Khinchhad’s car, items
including a mobile POCO X3, Bluetooth device, spy camera,
Wifi dongle, and a diary with instructions on cheating were
found. Interrogation revealed associates of Beniwal and
Khinchhad in Bikaner had solved and distributed the leaked
paper. The Redmi device had a Business Group on WhatsApp
with answers to the leaked paper. Investigation showed
Rajesh Beniwal and Narendra Khinchhad contacted Dinesh
Singh Chauhan to leak papers from Shri Ramsahay Adarsh
Secondary School, Bikaner.
(x) Regarding the monetary aspect of the deal concerning
the paper leakage, Dinesh Singh Chauhan initially demanded
twenty lakh rupees for his involvement. However, Rajesh
Beniwal and Narendra Khinchhad found this excessive, leading
them to contact Raju Matrix. Raju Matrix negotiated with
Dinesh Singh Chauhan, and they reached an agreement for
the supply of the leaked question papers for a sum of Rs. 15
lakhs. As per the investigation report concerning the leak of
the question paper in Bikaner and Pali, it is extremely
significant and material to note that Raju Matrix received the
Hindi Question Paper from Dinesh Singh Chauhan at 9:50 AM
on 13.09.2021. Dinesh Singh Chauhan took a photograph of
the paper and sent it to Narendra Khinchhad and Vikas
Bishnoi through WhatsApp. The latter had the paper solved by
coaching operator Naresh Dan and sent the solved paper
back. A paper solving team operated from House Number C-
193 Muralidhyar Vyas Colony. The team comprised Dinesh
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Beniwal, Vikas Saran, Rajaram, Suresh Kumar, Mahesh, and
Vasudev.
(xi) It is extremely important to note, as per the SIT Report,
that dozens of people were connected to the WhatsApp
Business Group of Exam Master Rajesh Beniwal’s mobile.
Therefore, the SIT Chairman explicitly noted in the report that
the possibility of the solved examination papers having
reached many more candidates cannot be ruled out. In
essence, the investigation team concluded that the possibility
of the leakage in Bikaner having led to a large-scale
circulation across the State cannot be ruled out, and
information regarding the large extent of such circulation
might not be fully known to the investigation team. Similar
suit, on a similar pattern, was also followed for the second
paper on 13.09.2021 i.e. General Knowledge, which came in
the possession of the Kaler Gang, who helped candidates
cheat with the aid of Bluetooth devices.
(xii) The investigation report, explicitly noted the fact of the
filing of charge-sheet’s against the above named accused.
B) Exam paper of both shifts of 14.09.2021 leaked by Jagdish
Bishnoi Gang (Ravindra Bal Bharti Senior Secondary School,
Shanti Nagar, Hasanpura, Jaipur).
(i) Modus Operandi: Copying done from the solved leaked
paper by the Jagdish Bishnoi Gang.
(ii) It is an established fact of record that Jagdish Bishnoi is
a habitual offender with a propensity for engaging in
malpractices related to paper leaks in examinations. He was
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initially posted as a third-class teacher in March 2008 at
Government Higher Primary School, located in Tehsil Fagi,
District Jaipur. He remained posted at this school until October
2010. In October 2010, Jagdish Bishnoi was transferred and
posted to Government Higher Primary School Dhabas,
Hirapura, Jaipur. However, merely two days after joining the
said school, he was suspended from service due to the
registration of case number 335/2010 at Police Station
Kardhani, Jaipur. This case pertained to allegations of cheating
in the recruitment examination for his own job. Subsequently,
Jagdish Bishnoi, also known by the alias Guru, was dismissed
from government service in the year 2020 owing to his
involvement in the leakage of papers for various
examinations. While holding the position of a government
teacher, Jagdish Bishnoi initiated the practice of providing pre-
examination papers to candidates by leaking these papers for
various competitive exams. By doing so, he took unfair
advantage of the situation and garnered benefits, thereby
establishing himself as the kingpin of a paper leak gang.
(iii) Jagdish Bishnoi, along with other associates of his gang,
has been leaking papers for competitive examinations since
the year 2010. He provided these leaked papers to various
candidates before the examinations, in return obtaining unfair
benefits. He is considered the main leader of the gang that
engages in leaking papers and facilitates cheating by others.
As of the current date, Jagdish Bishnoi has over 13 criminal
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antecedents that are akin to the offense of paper leakage in
public recruitment examinations.
(iv) The modus operandi of the Jagdish Bishnoi gang for
leaking the examination paper for the impugned examination
is as follows: The Rajasthan Public Service Commission
(RPSC) conducted the examination from 13.09.2021 to
15.09.2021 across the entire State. Candidates were required
to solve one paper in the morning shift (10:00 AM to 12:00
PM) and another paper in the evening shift (3:00 PM to 5:00
PM). One of the designated examination centers for this exam
was Ravindra Bharti Senior Secondary School, Jaipur. Jagdish
Bishnoi, in connivance with Pankaj Chaudhary and Shivratan,
hatched a criminal conspiracy to leak the question papers of
this examination in collaboration with Rajesh Khandelwal, the
center superintendent of Ravindra Bharti Senior Secondary
School. As part of this conspiracy, Rajesh Khandelwal
arranged for Pankaj Chaudhary to be an invigilator to facilitate
access to the principal’s office where the question papers
were kept. The plan was for Pankaj Chaudhary to enter the
principal’s office before the question papers arrived, take a
photograph of the paper using a mobile phone, and send it to
Jagdish Bishnoi via WhatsApp.
(v) On 13.09.2021, due to heavy surveillance outside the
principal’s office, the gang could not execute the plan
successfully. However, on 14.09.2021 and 15.09.2021, Pankaj
Chaudhary entered the principal’s office, hid in a small room
before the question papers arrived, made a slit in the packet
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containing the question papers, took a photograph of the
paper, and sent it to Jagdish Bishnoi via WhatsApp. Jagdish
Bishnoi, who was at an apartment in Rangoli Garden, Jaipur,
with his paper solvers (Ganhar Lal Manju, Praveen Bishnoi,
Rajiv Bishnoi), took a printout of the question paper, got it
solved, and sent the solved paper to site handlers of Pankaj
Chaudhary across Rajasthan via a WhatsApp group.
(vi) Candidates who had deals with Pankaj Chaudhary were
taught the solved leaked paper near their respective
examination centers through these site handlers on
14.09.2021. After teaching, site handlers took candidates to
examination centers. Post-first shift, candidates were taken
out, taught the second shift paper, and sent back. Jagdish
Bishnoi’s associate Pankaj Chaudhary provided site handlers
across Rajasthan. Arrested candidates couldn’t provide
information about site handlers, suggesting they may be
numerous and still at large. A reward of Rs. 1 lakh has been
announced for Pankaj Chaudhary, presumed to be abroad.
(viii) During the examination, Jagdish Bishnoi sent the solved
question paper not only to the WhatsApp group but also to
Harshvardhan Meena, another member of the organized gang,
via WhatsApp on 14.09.2021. Harshvardhan Meena then sent
the solved paper to his associates Ashok Singh Nathawat and
Rajendra Yadav alias Raju, and to Rinku Sharma, via
WhatsApp. As per Harshvardhan Meena’s instructions, Ashok
Singh Nathawat and Rajendra Yadav traveled to Udaipur on
14.09.2021 and taught the solved papers to two boys there.
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Harshvardhan Meena also sent the solved paper to Rinku
Sharma. The solved paper was made available to many
candidates. Ashok Singh Nathawat sold the paper dated
14.09.2021 to Anil Kumar Meena, who further sold it to
Bhupendra Saran, and then to Suresh Dhaka. Anil Kumar
Meena taught the paper to candidates through site handlers
at different locations.
(ix) The members of this gang destroyed mobile handsets,
SIM cards, printers, etc., used during the examination to
destroy evidence. It was the gang’s modus operandi to
destroy mobile systems after the exam to prevent detection
and to ensure beneficiaries also destroy their devices. The
gang members communicated through various calling
applications and virtual numbers on social media, ensuring
end-to-end encrypted safety of conversations.
(x) It is extremely important and noteworthy that
Harshvardhan Meena, Anil Kumar Meena, Bhupendra Saran,
Rinku Sharma, and Suresh Dhaka are notorious for
involvement in paper leaks of various examinations. Anil
Kumar Meena, then Principal of Government Higher
Secondary School in Sihori district, in connivance with RPSC
member Babu Lal Katara, leaked papers in the Second Class
Teacher Recruitment Examination 2022, leading to large-scale
cheating including the “Bakaria bus incident” where 42 people
cheated together. In the context of the current examination,
Anil Kumar Meena sent papers of both shifts on 14.09.2021 to
associates Vinod Rewad, Kamlesh Meena, Arun Sharma, and
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others. Anil Kumar Meena and associates taught these papers
to numerous candidates on a large scale. Associates Vinod
Rewad and Kamlesh Meena are absconding. Vinod Rewad
operates a school in his village with a big network for teaching
papers. Kamlesh Meena works in railways in Ajmer and has
made many candidates cheat. Arun Sharma taught papers to
several candidates in Jodhpur at Anil Kumar’s behest. The
gang operates across Rajasthan, making it difficult to
determine the extent of paper distribution and cheating.
Bhupendra Saran sold the solved paper to Suresh Dhaka for
Rs. 50 lakh for large-scale cheating through site handlers.
जगदीश बिश्नोई गैंग द्वारा सॉल्वड लीक पेपर की नकल करवाकर चयनित करवाये
गये अभ्यर्थी
परीक्षा दिनांक 14.9.2021
क्र. नाम अभ्यर्थी मेरिट रोल परीक्षा केन्द्र का नाम प्रशिक्षण
सं. नम्बर नम्बर संस्थान का
नाम
1. श्रीमती चंचल कुमारी 372 631127 CHHATRAPATI आरपीटीसी
पत्नी श्री भजनलाल SHIVAJI CHILDREN किशनगढ़
पुत्री श्री श्रवणराम SR. SEC. SCHOOL गिरफ्तार
विश्नोई, उम्र 25 साल, SHIVPURA. KOTA,
निवासी फिटकासनी, DISTT./TEHSIL
थाना कुडी भगतासनी KOTA, PIN CODE
जिला जोधपुर 324001. PH-
(हार्डकोर अपराधी 9414939375
श्रवण बाबल की पुत्री)
2. श्रीमती नारं गी कुमारी 1092 423608 ADARSH VIDYA आरपीए
पत्नी श्री रामजीवन NIKATAN SEC जयपुर
पुत्री विरमाराम SCHOOL REGIONAL गिरफ्तार
बिश्नोई, उम्र 27 साल, COLLEGE
निवासी डूंगरवा, पुलिस CHORAHA, AJMER,
थाना बागोड़ा, जिला DIST.: AJMER PIN
जालौर (जगदीश CODE 305001 PH-
बिश्नोई की साली) 8432230668
3. श्रीमती एकता पत्नी 123 539303 NAVJEEVAN SR. आरपीए
अंकित राहड़ पुत्री श्री SEC. SCHOOL जयपुर
मोहनसिंह जाट, उम्र KRISHNAPURI, 8. गिरफ्तार
31 साल निवासी 10 RAKDI, SODALA
पूनिया कॉलोनी, पुलिस JAIPUR, PIN-
थाना कोतवाली, जिला 302001 PH-0141- (Downloaded on 28/08/2025 at 10:10:06 PM) [2025:RJ-JP:33343] (119 of 202) [CW-13806/2024] चुरू 2450212 4. श्रवण कुमार बिश्नोई 199 693176 SANGAM आरपीए पुत्र श्री जयकिशन INTERNATIONAL जयपुर विश्नोई उम्र 32 साल, SCHOOL BEHIND गिरफ्तार निवासी राणसर खुर्द , AYURVEDIC तहसील गुड़ामालानी, HOSPITAL, थाना रामेश्वरी गैस MAINROAD, NORTH टर्मिनल, जिला बाड़मेर SUNDERWAS UDAIPUR PH- 9680079015 5. सुभाष विश्नोई पुत्र 28 505173 GOVT. SR. SEC. आरपीए अर्जुनराम विश्नोई, उम्र SCHOOL OLD जयपुर 32 साल निवासी गुड़ा VIDHYADHAR गिरफ्तार बिश्नोईयान, थाना NAGAR, SEC-S, विवेक विहार, जिला JAIPUR PIN_CODE जोधपुर 302039 PH-0141- 2234200 6. अजय बिश्नोई पुत्र श्री 55 559244 SHIVALIK PUBLIC आरपीए बाबूराम, जाति बिश्नोई SR SEC. SCHOOL जयपुर उम्र 27 साल, निवासी 59-60, JAGDISH गिरफ्तार विनायक पुरा, भवाद, VIHAR, NEAR BUS थाना करवड़, जिला STAND, जोधपुर। JAGATPURA, JAIPUR PIN- 302001 PH-0141- 27555631 7. मनोहर लाल पुत्र श्री 52 507426 MAHATMA GANDHI आरपीए किशनाराम विश्नोई, GOVT. SCHOOL जयपुर उम्र 30 साल, निवासी DHANI गिरफ्तार फागलिया, थाना KUMAWATAN, बाखासर, जिला SANGNER, JAIPUR, बाड़मेर DIST/TEHSIL JAIPUR PIN-302001 PH-0141-2732289 8. दिनेश कुमार पुत्र श्री 119 687884 RASHTRA BHARATI आरपीए गंगाराम, निवासी ACADEMY SR SEC जयपुर जाम्बो जी का मन्दिर, SCHOOL BEHIND गिरफ्तार तहसील धोरीमन्ना, RAJASTHAN थाना धोरीमन्ना, जिला HOSPITAL, SECTOR बाड़मेर 14, HIRAN MANGRI, UDAIPUR PIN-313001 PH- 9660261950 9. अभिषेक बिश्नोई पुत्र 8 552064 DHRUV BAL ज्वॉईन नहीं दलपतसिंह जाति NIKETAN SR.SEC. किया बिश्नोई, उम्र 32 साल, SCHOOL गिरफ्तार निवासी गुड़ा (BUILDING NO.3) बिश्नोईयान तहसील WING-1 10, लूनी, पुलिस थाना SITARAMPURI, OLD विवेक विहार, जिला RAMGARII MODE] जोधपुर AMER ROAD, JAIPUR PIN- 302001, PH- 7230066773 (Downloaded on 28/08/2025 at 10:10:06 PM) [2025:RJ-JP:33343] (120 of 202) [CW-13806/2024] 10. प्रवीण बिश्नोई पुत्र श्री 33 588281 GOVT. SEC. ज्वॉईन नही कुलदीप, निवासी SCHOOL HEERA किया डावल, थाना PATH, फरार चितलवाना, जिला MANSAROVER सां चौर JAIPUR, PH- 2786824 11. अभय सिंह पुत्र श्री 7 678756 MAHATMA GANDHI आरपीए पूनम चन्द, निवासी GOVT. SCHOOL जयपुर सिवाड़ा थाना KANWARPADA फरार चितलवाना, जिला NANI GALI सां चोर JAGDISH CHOWK, UDAIPUR, DIST.: UDAIPUR PIN- 313001 PIH- 12. भागीरथ बिश्नोई पुत्र 87 525262 VEDIK GIRLS SR. आरपीए श्री जयकिशन, निवासी SEC. SCHOOL जयपुर फरार मोखातरा, तहसील ADRASH NAGAR रानीवाड़ा, जिला RAJA PARK, जालौर JAIPUR, PIN- 302001 PH-0141- 2621146 13. गोविन्द कुमार पुत्र श्री 39 521970 BHASKAR PUBLIC आरपीए बीरमा राम चौधरी, SR SEC SCHOOL जयपुर फरार निवासी भादरू ं ना, AGRWAL सां चोर थाना झाब, DISPENSARY जिला सां चोर 117/353, FARM, ROAD MANSROVER, JAIPUR, DIST.: JAIPUR PIN-302001 PH-2397129 C) Paper leak of both the shifts of 15.09.2021 by Jagdish
Bishnoi Gang (Ravindra Bal Bharti Senior Secondary School,
Shanti Nagar, Hasanpura, Jaipur).
In congruence with the pattern noted above, the Jagdish
Bishnoi gang facilitated cheating by utilizing solved leaked
papers. The kingpin of the gang, Jagdish Bishnoi, arranged for
the leakage of papers for both shifts of the examination
conducted on 15.09.2021. This was achieved through Pankaj
Chaudhary and Shivratan in connivance with Rajesh
Khandelwal, who was the center superintendent of Ravindra
Bharti Senior Secondary School. The modus operandi
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employed for leaking the papers on 15.09.2021 was identical
to that used for the examination conducted on 14.09.2021.
जगदीश बिश्नोई गैंग द्वारा सॉल्वड लीक पेपर की नकल करवाकर चयनित करवाये
गये अभ्यर्थी
परीक्षा दिनांक 15.9.2021
क्र. नाम अभ्यर्थी मेरिट रोल नम्बर परीक्षा केन्द्र का नाम प्रशिक्षण
सं. नम्बर संस्थान का
नाम
1. नरे श कुमार पुत्र श्री 1 826334 CHOUDHARY आरपीए
भेराराम बिश्नोई, उम्र PUBLIC SR. SEC. जयपुर
25 साल, निवासी SCHOOL गिरफ्तार
मालवाड़ा थाना (ENGLISH
चितलवाना, जिला MEDIUM) 32-33,
जालौर (सां चौर) JANTA NAGAR,
RAKADI,
SODALA, JAIPUR
PIN- 302001 PH-
0141-2450217
2. गोपीराम जां गू पुत्र श्री 135 790598 HEERA LAL आरपीए
किशनाराम बिश्नोई, SHOUBHAG MAL जयपुर
उम्र 25 साल, निवासी SEC SCHOOL गिरफ्तार
सियागों की बेरी, थाना ROAD NO 5,
धोरीमन्ना, जिला CINE MAGIC
बाड़मेर CINEMA HALL KE
PASS, BIKANER,
DIST/TEHSIL
BIKANER, PIN-
334001 PH-
1512110350
3. सुश्री राजेश्वरी पुत्री श्री 542 839127 NAVJEEVAN SIR. आरपीए
बाबुलाल बिश्नोई उम्र SEC. SCHOOL I जयपुर
25 निवासी हालीवाव 8, गिरफ्तार
पोस्ट विरावा, थाना KRISHNAPURI,
चितलवाना जिला RAKDI, SODALA
जालोर JAIPUR, PIN-
302001 PH-
0141-2450212
4. सुरेन्द्र कुमार पुत्र श्री 20 743823 CENTRAL आरपीए
मोहनराम विश्नोई उम्र ACADEMY SR. जयपुर
29 साल, निवासी SEC, SCHOOL गिरफ्तार
दां ता सरनाउ, थाना SCH. NO-8,
सां चौर जिला सां चौर GHANDHI
NAGAR, ALWAR,
DIST/TEHSIL
ALWAR, PIN
CODE-301001
PH-0144-
2345897
5. श्रीमती प्रेमसु खी पत्नी 72 973437 GOVT. GIRLS SR. आरपीए
श्री राजकुमार पुत्री श्री SEC. SCHOOL जयपुर
रामस्वरूप विश्नोई, BEHIND गिरफ्तार
उम्र 29 साल, निवासी JAGDISH
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मुक्ता प्रसाद, सेक्टर TEMPLE,
3. सोनू मोंनू स्कूल JAGDISH
के पास, बीकानेर CHOWK, DIST:
UDAIPUR PIN-
313001 PH
0294-2421253
6. रोहिताश्व कुमार पुत्र 385 942213 LZEBRA आरपीए
श्री शिशुपाल जाट, COLLEGE BLOCK जयपुर
उम्र 42 साल निवासी B. SYDNEY गिरफ्तार
भुडा का बास, थाना STREET.
मलसीसर, जिला RAWATBHAΤΑ
झुन्झुनु ROAD,
DIST/TEHSIL
KOTA PIH-
9460176313
7. करणपाल गोदारा पुत्र 22 889027 R.P. SR. आरपीए
ओमप्रकाश जाट, उम्र SECONDARY जयपुर
27 साल निवासी 34, SCHOOL WING2 गिरफ्तार
जाटों का मोहल्ला, 18-19. DEV
वार्ड नंबर 5. लालेरा NAGAR C
पोस्ट खोकरना, थाना RAMPURA ROAD.
लूणकरणसर, जिला SANGANER,
बीकानेर JAIPUR PH-
9414261954
8. विवेक भाम्बु पुत्र श्री 24 843424 VINAYAK PUBLIC आरपीए
जगदीश चन्द्र जाट, SR. SEC. जयपुर
उम्र 32 साल, निवासी SCHOOL NEAR गिरफ्तार
पूनिया कॉलोनी, थाना POWER HOUSE,
कोतवाली चूरू, 'जिला SHUSHANT CITY-
चुरू (यूनिक भाम्बु 1. MACHWA,
उर्फ पंकज चौधरी KALWAR ROAD
का भाई) JAIPUR,PIN
302001 PH-
01412860092
9. सुरेन्द्र कुमार बगड़िया 3 922449 GOVT.GIRLS SR. आरपीए
पुत्र श्री हरीराम SEC. SCHOOL जयपुर
बगड़िया, जाति जाट, MAHA MANDIR गिरफ्तार
उम्र 27 साल, निवासी LAL MAIDAN,
ढाका की ढाणी, थाना PAOTA-C ROAD,
सदर सीकर, जिला JODHPUR,
सीकर DIST/TEHSIL
JODHPUR, PIN-
342001 PH-
0291-22941030
10. दिनेश बिश्नोई पुत्र 6 938334 SAROJ DEVI आरपीए
लेहराराम, जाति PUBLIC SR. SEC. जयपुर
बिश्नोई, उम्र 28 साल, SCHOOL A-111 गिरफ्तार
निवासी 42, कुडी PRATAP NAGAR
गायत्री विहार, DEOLIARAB
भगतासनी, पुलिस ROAD,
थाना कुड़ी BORKHEDA,
भगतासनी, जिला KOTA, DIST
जोधपुर /TEHSIL-KOTA,
PIN 324001 PH-
9887639543
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11. राकेश पुत्र सुरेश 13 941622 ARIHANT आरपीए
कुमार, जाति जाट, ACADEMY SR जयपुर
उम्र 28 साल, निवासी SEC. SCHOOL गिरफ्तार
मालीगां व, पुलिस थाना TRUCK UNION
बग्गड़, जिला झुन्झुनु KB SAAMNE
RANGBADI,
KOTA, DIST
TEHSIL-KOTA,
PIN CODE -
324002 PH-
9782781691
12. मालाराम पुत्र 10 784346 BASIC ENGLISH आरपीए
मां गीलाल, जाति SR. SEC. जयपुर
बिश्नोई, उम्र 29 साल, SCHOOL NAYA गिरफ्तार
निवासी डोलीकला, SHAHAR,
तहसील कल्याणपुर, BIKANER,
पुलिस थाना DIST/TEHSIL
कल्याणपुर, जिला BIKANER, PIN -
बालोतरा 334001 PH-
1512522424
13. अशोक सिं ह नाथावत 35 983815 GOVT. GIRLS ज्वॉईन नही
पुत्र श्री रुडाराम SR.SEC. SCHOOL किया गिरफ्तार
रावणा राजपूत, उम्र AMBAMATA NEAR
32 साल, निवासी दे वा MALLATALAI
का बास, थाना CRICLE,
रे नवाल, जिला जयपुर AMBAMATA,
ग्रामीण UDAIPUR,
313004 PH-
2942430684
14. राजेन्द्र कुमार उर्फ 53 979232 UDAIPUR ज्वॉईन नही
राजु यादव पुत्र श्री किया
तेजपाल यादव, उम्र गिरफ्तार
30 साल, निवासी
टाडावास, थाना
कालाडे रा, जिला
जयपुर ग्रामीण
15. 15. राजीव बिश्नोई 70 810752 अजमेर ज्वॉईन नहीं
पुत्र श्री 70 किया
भगवानाराम बिश्नोई, गिरफ्तार
उम्र 29 साल, निवासी
सरनाउ, थाना सां चौर,
जिला सां चौर
16. सिद्धार्थ यादव पुत्र श्री 59 728876 अजमेर ज्वॉईन नही
राजेन्द्र यादव, निवासी किया
कुमावत झोटवाड़ा, फरार
जयपुर कॉलोनी,
17. शंकर लाल पुत्र श्री 144 881615 PRINCE आरपीए
राजूराम, निवासी CHILDREN जयपु र फरार
गडरा नेहड़ीनाडी, ACADEMY SEC.
तहसील व थाना SCHOOL MANSA
धोरीमन्ना जिला MATA NAGAR,
बाड़मेर HARMADA,
SIKARROAD,
JAIPUR, PIN
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302001 PH-
9782788272
D) Paper leak of both the shifts of the examination on
15.09.2021 by the Kaler Gang at Shri Ramsahay Adarsh
Secondary School, Bikaner.
For the said paper leak, the Special Investigation Team
(SIT) provided a special note that detailed the involvement of
the Kaler Gang in the cheating scandal. It was noted that as
per the pre-planned scheme of the gang, Tulcharam Kaler and
Paurav Kaler could not obtain the papers for the examination
dates of 14.09.2021 and 15.09.2021 directly from Shri
Ramsahay Adarsh Secondary School, Bikaner, where cheating
was eventually facilitated. Instead, Paurav Kaler purchased
the solved leaked papers for both shifts of the examination
held on 15.09.2021 from Praveen Bishnoi, who is a paper
solver associated with the Jagdish Bishnoi gang. This
purchase was made for a sum of Rs. 10 lakh, and
subsequently, Paurav Kaler made candidates cheat using
these leaked papers as mentioned above.
It is noteworthy and of significant concern that there is
no established connection between Jagdish Bishnoi and the
Kaler Gang. The fact that the paper from the Jagdish Bishnoi
gang reached the Kaler Gang underscores the worrying trend
that different gangs or groups can unite for selfish reasons to
facilitate paper leaks. This highlights the uncertainty and
complexity in ascertaining the actual number of beneficiaries
involved in the cheating scandal. The SIT noted that the
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modus operandi employed makes it beyond imagination to
trace or limit the dissemination of the leaked paper. Once the
paper is leaked, it becomes very difficult to fathom the extent
of its circulation, the number of hands it reaches, and the
overall impact of the leak.
कालेर गैंग द्वारा दिनांक 15.9.2021 की दोनों पारियों का पेपर लीक (श्री
रामसहाय आदर्श सैकेण्डरी स्कूल, रामपुरा बस्ती, जिला बीकानेर)
तुलछाराम कालेर / पौरव कालेर गैंग (चाचा-भतीजा) द्वारा सॉल्वड लीक
पेपर की ब्लूटूथ से नकल करवाकर चयनित करवाये गये अभ्यर्थी
दिनांक 15.9.2021
क्र. नाम अभ्यर्थी मेरिट रोल परीक्षा केन्द्र का नाम प्रशिक्षण
सं. नम्बर नम्बर संस्थान का
नाम
1. जयराजसिंह पुत्र 79 862399 SURENDRA BAL आरपीए जयपुर
आसूसिंह, जाति BHARTI SR. SEC. गिरफ्तार
राजपूत, उम्र 29 SCHOOL VIVEK
साल, निवासी सुरधनां VIHAR METRO
चौहानान, पुलिस थाना STATION, PILLAR
दे शनोक,जिला NO. 88, NEW
बीकानेर SANGANER ROAD
JAIPUR PIN CODE-
302001, PH-0141-
2290158
2. मनीष बेनीवाल पुत्र 100 840015 ALFA आरपीए जयपुर
श्री श्रवण कुमार, INTERNATIONAL गिरफ्तार
जाति विश्नोई, उम्र 26 ACADEMY SR. SEC.
साल, निवासी गां व SCHOOL, WING-1
जां गलू तहसील नोखा, KATARIYA FARM
पुलिस थाना नोखा, HOUSE, SIRSI,
जिला बीकानेर ROAD
VISHNAWALA,
DIST: JAIPUR PIN
CODE 302001 PH-
2470195
3. मोनिका पुत्री श्री 34 714064 BHAGWAN आरपीए जयपुर
रामधन, निवासी MAHAVEER PUBLIC फरार
तारपुरा, तहसील SR SEC. SCHOOL
सीकर, थाना दादिया, PANCHSHEEL,
जिला सीकर AJMER PH- null
4. प्रियंका गोस्वामी पुत्र 102 858724 SHIV SHAKTI आरपीए जयपुर
श्री कैलाश गिरी PUBLIC SR. SEC. फरार
गोस्वामी, निवासी SCHOOL A-51-53,
डिफेंस कॉलॉनी, DADHICHI NAGAR,
नां दडी फाटा, बनाड़ OPP. VKIA
रोड़, थाना बनाड़, ROADNO. 6.
जिला जोधपुर (पौरव MURLIPURA
कालेर की साली JAIPUR, DIST/
है ) TEHSIL- JAIPUR.
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PIN CODE-302001
PH-9214339321
E) Sub-Inspectors selection through dummy candidates on
13.09.2021, 14.09.2021 and 15.09.2021 and dummy candidates
arrested during the examination:-
During the investigation of case number 10/2023 filed
before the Special Operations Group (SOG), several Sub-
Inspectors who had commenced training at the Rajasthan
Police Academy, Jaipur, were arrested. These Sub-Inspectors
were found to have engaged in a scheme where dummy
candidates appeared in the examination in their place, leading
to the selection of the actual candidates through cheating.
The dummy candidates took part in the examination after
receiving a large sum of money from the actual candidates.
The cheating method involving dummy candidates
included the use of innovative and shocking modus operandi.
These included candidates wearing fake wigs that contained
electronic devices with SIM cards, as well as the use of small
devices inserted in the candidates ears. These devices
facilitated cheating with the aid of Bluetooth technology.
Significant sums of money, as high as 8 lakh rupees, were
exchanged for arranging and participating in these cheating
incidents.
Regarding the possibility of cheating via dummy
candidates, the Special Investigation Team (SIT) specifically
noted that cheating using Bluetooth technology is feasible
only when the person cheating has access to the solved
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[2025:RJ-JP:33343] (127 of 202) [CW-13806/2024]leaked paper. This implies that the paper reached this
particular gang from some other unknown source,
independent of those previously noted. This revelation
underscores the alarming extent and complexity of the paper
leakage network, making it extremely difficult to fully capture
and summarize the scope of the issue as well as its impact on
the integrity of the impugned examination.
Furthermore, investigations into the sphere of dummy
candidates appearing in place of actual candidates revealed
that kingpins such as Bhanwarlal Bishnoi, in collusion with
associates, arranged for dummy candidates to appear in the
examination instead of the original candidates at various
examination centers across Rajasthan. Thus, it is noted that
gangs were operating not only to leak papers but also to
ensure the availability of dummy candidates to appear in
place of actual candidates in the examination. This aspect of
the cheating scandal is extremely alarming.
At this juncture, this Court deems it necessary to take
note of the details of the cases registered in connection with
the impugned recruitment process. The table containing the
requisite details is reproduced herein under:-
उप निरीक्षक / प्लाटू न कमाण्डर भर्ती परीक्षा के दौरान दर्ज प्रकरणों का विवरण
क्र. स. एफआईआर नम्बर नाम थाना जिला
1. 360/2021 नयाशहर बीकानेर
2. 331/2021 कोतवाली पाली
3. 335/2021 कोतवाली पाली
4. 326/2021 रामनगरिया जयपुर (पूर्व)
5. 820/2021 कोतवाली अलवर
6. 555/2021 ब्रहम्पुरी जयपुर (उत्तर)
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7. 319/2021 शास्त्रीनगर जयपुर (उत्तर)
8. 373/2021 विद्याधरनगर जयपुर (उत्तर)
9. 376/2021 सुभाषनगर भीलवाडा
10. 297/2021 धम्बोला डूंगरपुर
11. 284/2021 भुपालपुरा उदयपुर
F) Flaws exposed in the Conduct of the SI Recruitment
Examination 2021, as highlighted by the Special Investigation
Team (SIT):
(i) In the notification and instructions issued by the
Rajasthan Public Service Commission (RPSC), it was initially
decided that the Sub-Inspector Recruitment Examination
would be conducted at examination centers located at all the
divisional headquarters (totaling 07) across the state of
Rajasthan. However, contrary to this earlier fixed criteria for
the conduct of the recruitment examination as stipulated by
the RPSC, the examination was ultimately conducted not only
at the examination centers in the divisional headquarters but
also at some additional selected districts. These additional
districts included Alwar, Pali, Bhilwara, and Rajsamand.
(ii) In the context of the impugned recruitment examination,
the Rajasthan Public Service Commission (RPSC) initially
decided that the examination would be conducted in
government institutions and schools located in districts with
divisional headquarters. The examination was to be conducted
under the duty and supervision of government
personnel/officers acting as invigilators. However, later on, the
recruitment examination was conducted by establishing
examination centers in private schools, and private invigilators
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[2025:RJ-JP:33343] (129 of 202) [CW-13806/2024]were put on duty. The selection of examination centers such
as Ravindra Bal Bharti School and Shri Ramsahay Secondary
School, where the examination superintendents like Rajesh
Khandelwal allowed an ineligible person to handle charge,
clearly indicates that a completely transparent process was
not adopted for selecting examination superintendents. This
lack of transparency enabled the leakage of papers, as noted
above. Fraud was committed in the recruitment process
across the State by leaking papers from these schools even
before the examination was conducted.
The SIT highlighted that even prior to this impugned
examination, there were instances where papers of many
recruitment examinations were leaked from private schools in
Jaipur, leading to the cancellation of those examinations.
Despite these previous incidents, the investigation did not find
that any extra precautions were taken at any level for such
examination centers in the impugned examination, on part of
the RPSC.
(iii) The RPSC is completely dependent on the nodal officer
of the rank of Additional District Magistrate (ADM) from the
district administration for making arrangements for the
examination. Unfortunately, this nodal officer does not take
full interest in the arrangements related to the examination.
Employees working in the examination cell under the nodal
officer for a long time have been found to play a major role in
determining the examination centers and planning the list of
officers for various duties. It is very easy to get selected as an
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examination center and to get duty at a desired center by
influencing the people in the examination cell. Thus, the RPSC
is completely responsible for this chaos; they have no
effective control in conducting the examination.
(iv) The duty allocation of officers, invigilators, etc.,
employed for the examination was not randomized. Due to
this lack of randomization, dishonest examination centers
could easily manipulate the system to their advantage and rig
the examination.
(v) The Rajasthan Public Service Commission (RPSC) had
established norms for ensuring security and monitoring during
the examination. These norms included provisions for internet
shutdown, biometric verification, deployment of jammers,
monitoring via CCTV cameras, and videography at the
examination centers during the conduct of the examination.
However, on the day of the examination, there was a notable
absence of such monitoring and security measures being
effectively implemented. Despite repeated communications to
the RPSC regarding the necessity of videography, the
investigation team did not receive videography footage from
many examination centers. This indicates that no definite or
effective arrangement for videography was made at all
centers.
As a result, incidents were reported and cases were
registered regarding the use of mobile phones at the
examination centers on the days of the examination.
Shockingly, videos recorded by mobile phones from within the
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examination hall were also going viral. Candidates were
caught cheating using Bluetooth technology. There was a lack
of biometric or other technological checks at the entrance of
the examination centers, which resulted in an inability to
conduct investigations regarding the presence of dummy
candidates or the use of Bluetooth devices. Due to the lack of
arrangements for taking biometric fingerprints, many dummy
candidates were able to appear in the examination.
The video of the Optical Mark Recognition (OMR) sheet
from the examination hall went viral, and all these types of
undesirable incidents related to the paper leak and other
crimes noted above took place. More so, the papers for both
shifts of the examination on 13.09.2021 were leaked before
the start of the examination. The solved paper was
communicated to candidates via WhatsApp by groups like the
Kaler Gang and individuals like Narendra Khinchhad. In this
regard, case number 360/2021 was registered in Bikaner. The
investigation into this case proved that before the
commencement of the examination, the paper was leaked
from Shri Ramsahay Adarsh Secondary School, as noted
above whereby after getting the paper solved through a
coaching institute, the solved paper was disseminated to
many places through various WhatsApp groups.
Despite this leakage and the evidence of cheating, the
RPSC conducted the examination the next day without taking
any concrete action or implementing additional security steps
for organizing the examination over the subsequent two days.
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This lack of action potentially encouraged, enabled, and
facilitated cheating during the remaining days of the
examination.
(vi) The Rajasthan Public Service Commission (RPSC) had
originally fixed the date for conducting the examination as
04.09.2021 for a single day. However, suddenly the decision
was changed, and the examination was conducted over three
days (13th, 14th, and 15th September 2021). This change
increased the chances of paper leakage and also heightened
the likelihood of dummy candidates appearing in the
examination. For comparison and to establish the lack of
organizational skills and diligence on the part of RPSC for the
impugned examination, it is noteworthy that the Rajasthan
Teacher Eligibility Test 2021 was conducted within a single day
on 26.09.2021. This test had a record number of 25,35,542
candidates registered. Despite the number of candidates in
the impugned examination being less than one-third of those
in the Teacher Eligibility Test, the RPSC’s sudden decision to
conduct the examination over three days instead of the
initially scheduled one day provided an additional opportunity
for the paper leak gang to exploit the situation.
(vii) According to RPSC guidelines, the arrival time of
candidates at the examination center was supposed to be
9:00 AM for the first shift and 2:00 PM for the second shift.
However, this was suddenly changed, allowing candidates to
arrive up to 10 minutes after the commencement of the
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examination. As a result, candidates who used unfair means
got the opportunity to read the solved paper.
(viii) For the impugned examination, candidates submitted a
total of Rs. 14,54,73,850/- as a fee to the RPSC. However, the
attendance sheet contained very blurred photos of the
candidates, making it difficult to correctly identify them. The
photographs of the applicants in the admit card were so small
that it was unclear whether the invigilator could be sure that
the candidate matched the photograph. Many candidates, for
creating a false illusion, mixed their photographs with those of
dummy candidates. Thus, despite collecting a large amount of
money as a fee, the RPSC did not put in place strong systems
to conduct the examination smoothly.
(ix) In the notification for the impugned examination
conducted by the Rajasthan Public Service Commission
(RPSC), there was no information provided regarding the
conduct of the examination in six shifts across three days nor
was there any mention of the normalization of marks. The
RPSC subsequently undertook normalization of marks for the
examination. As a result of this normalization process, the
marks for the papers of the examination held on 15.09.2021
were increased by 10-15 marks. For the examination held on
14.09.2021, the marks were increased by 8-10 marks.
Conversely, the marks for the papers of the examination
conducted on 13.09.2021 were reduced.
In the context of recruitment for 859 posts, the
distribution of selections based on the examination days was
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as follows: 19% of the posts were filled by candidates from
the examination of 13.09.2021, 28% of the posts were filled
by candidates from the examination of 14.09.2021, and 53%
of the posts were filled by candidates from the examination of
15.09.2021. Notably, an almost equal number of candidates
appeared in the examination on all three days. This outcome
reflects a gross inequality for those who appeared in the
examination on 13.09.2021 compared to the subsequent two
days, owing to the said vague marks normalization process.
Information was sought from the RPSC regarding the
methodology of marking under the normalization process. In
response, the RPSC refused to provide this information by
invoking confidentiality. This refusal makes it clear that the
RPSC wants to avoid transparency regarding the normalization
process and its implications.
(x) The Rajasthan Public Service Commission (RPSC) did not
provide any information as per the rules to applicants who
submitted several applications under the Right to Information
(RTI) Act regarding the process and selection in the said
recruitment examination. By withholding this information, the
RPSC prevented applicants from contributing to fair action by
drawing attention to deficiencies in the recruitment process.
This lack of transparency casts a shadow of doubt on the
integrity of the recruitment process.
(xi) While investigations and actions were underway against
main accused individuals like Suresh Dhaka, Suresh Kumar,
and RPSC member Babu Lal Katara in relation to the 2nd
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Class Teacher Recruitment Examination (FIR No. 227/2022
registered in Udaipur), the RPSC gave the responsibility of
conducting the interview process for the impugned
recruitment to the same member, Babu Lal Katara. Babu Lal
Katara was facing investigation for alleged involvement in a
scam, fraud, and cheating at the time. This decision raises
severely heightened doubts about the integrity of the process.
It is noteworthy that the 2nd Class Teacher Recruitment
Examination 2022 conducted by RPSC was cancelled based on
FIR 227/2022 in Udaipur, which involved a suspect caught
solving the paper in a bus. In contrast, despite 11 FIRs being
registered related to paper leaks, copying, and use of dummy
candidates in the impugned examination and recruitment
process of Sub-Inspectors 2021, no such action was taken by
the RPSC.
(xii) The simultaneous selection of the son and daughter of
the former RPSC member Shri Ramuram Raika in the
recruitment process also creates a shadow of doubt, as
highlighted in the investigation authorities report.
E. Effect of the Noted Illegalities on the Integrity and
Future of the Impugned Recruitment Process of Sub-
Inspectors 2021
97. At this critical juncture, the paramount task before this
Court is to meticulously assess the integrity and future of the
impugned recruitment process of the Year 2021. This assessment
must be conducted in consonance with the legal position as
promulgated by the Hon’ble Apex Court over the years, as noted
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above. Simultaneously, this Court must accord careful thought and
grave attention to the irregularities that have infiltrated the
recruitment process, as also noted in detail in the preceding
discussion. It is explicitly made clear that the aforementioned
established irregularities, which are not exhaustive as further
investigation into the matter is still underway even after the
passage of almost four years since the examination took place,
cumulatively and incrementally delineate the contours within
which this Court must navigate to adjudicate upon the reliefs
sought by the petitioners before this Court.
98. To ensure utmost clarity and objectivity in the
adjudication process, this Court shall independently examine the
facts of the case and form its own conclusion. This exercise shall
be conducted in sync with the views expressed by various
executive and other authorities such as the Special Operations
Group (SOG), the Advocate General, Cabinet Ministers, and the
Chief Minister of the State of Rajasthan. The gravity of the
situation necessitates a thorough and judicious balancing of the
legal position with the irregularities that have crept into the
recruitment process to determine the future course of action
regarding the said recruitment, which must for all intents and
purposes, see a definite outcome, looking to the future of
thousands of individuals, which are left in jeopardy at the
moment.
99. Therefore, the issue which warrants this Court’s
application of mind, can be framed as under:-
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“Whether, considering the pervasive malpractices
that were an integral part of the recruitment
process of Sub-Inspectors initiated in the Year
2021, the said recruitment process should be
canceled in its entirety; or whether an attempt
should be made, if feasible, to distinguish and
segregate those candidates who were involved in
tainted practices from those who were not, with the
objective of safeguarding the interests of
candidates who did not resort to unfair means in
the said recruitment process?”
100. As has been established from the position of the law
discussed above in excruciating detail, the current legal position
on the subject dictates the Court that when an in-depth factual
inquiry reveals systemic irregularities, such as malaise or fraud,
that undermine the integrity of the entire selection process, the
result of the recruitment process should be canceled in its entirety.
However, if and when possible, segregation of tainted and
untainted candidates should be done in consonance with principles
of fairness and equity. The position of law further emphasizes that
the decision to cancel the recruitment process en masse must be
based on the satisfaction derived from sufficient material collected
through a fair and thorough investigation.
101. It is clarified that it is not necessary for the material
collected to conclusively prove malpractice beyond a reasonable
doubt, as that standard is reserved for the criminal sphere of law.
In the context of drawing inferences of taint in the recruitment
process, a preponderance of possibilities regarding the use of
extensive malpractice shall form a sufficient benchmark for
assessing the future of the recruitment. In reaching a decision
regarding the future of the recruitment, due weightage has to be
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given to maintaining the purity of the selection process. This
consideration is paramount despite the inconvenience caused to
the untainted candidates owing to the presence of broad and deep
manipulation in the process, when cancellation is recommended.
102. The established law also makes it clear that in a
decision to cancel the entire recruitment process, individual notice
and hearing may not be necessary in all cases for practical
reasons. This is particularly so when the facts establish that the
entire selection process is vitiated with illegalities at a large scale.
103. Therefore, against the backdrop of the facts and
circumstances detailed at length herein -above, this Court is
strongly of the opinion, after having been convinced
beyond any shadow of doubt, that the impugned selection
process of Sub-Inspectors, as conducted by the Rajasthan
Public Service Commission (RPSC) in the Year 2021, ought
to be canceled in its entirety. This conclusion is inescapable
when one considers the widespread and egregious
malpractices that have sullied the said selection process. In
the context of the facts of the present case, characterizing
the pervasive and injurious actions that have occurred as
mere ‘malpractices’ would be an exercise in linguistic
politeness. The reality is that these actions encompass not
only reprehensible and ghastly instances of paper leakages
that occurred across the entire State of Rajasthan through
gangs working in sync for monetary benefits but also the
shocking and unacceptable substitution of actual
candidates with dummy candidates, made possible due to
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the unimaginable negligence on part of RPSC. These
heinous acts were perpetrated with the active connivance
of certain officials who were entrusted with the critical
responsibility of ensuring that a safe, secure, and fraud-
preclusive environment was provided for the candidates
appearing in the examination.
104. The magnitude of these malpractices, which have
tainted the selection process at its very core, raises grave
concerns about the integrity and validity of the entire recruitment
exercise. The involvement of officials in facilitating such
fraudulence compounds the gravity of the situation and
underscores the imperative need for annulling the entire selection
process to uphold the sanctity of the recruitment process and to
ensure fairness and equity for all candidates who participated in
good faith. The actions complained of, strike at the very
foundation of the trust reposed in the RPSC to conduct
examinations in a fair, transparent, and secure manner.
105. This Court’s decision for the cancellation of the entire
examination is fueled by the following circumstances/actions,
namely:-
105.1 It is established through evidence and investigation
that the examination papers for all three scheduled days of the
examination, namely the 13th, 14th, and 15th of September
2021, were leaked by various organized gangs operating within
the State. These gangs include the Kaler Gang, Narendra
Khinchhad, Amit Kumar, as well as the Jagdish Bishnoi Gang.
Further, these distinct gangs (Jagdish Bishnoi and Co.) aided and
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assisted Paurav Kaler of the Kaler Gang by selling him leaked
papers for monetary considerations when he was unable to obtain
them himself in Bikaner. This highlights an intrinsic and
interconnected network of individuals across the State who not
only engaged in paper leaks themselves, being habitual offenders
in this sphere of crime prior to the incident in question, but also
collaborated and expanded the reach of the leaked papers across
the State for monetary benefits. This underscores the fact that in
pursuit of unfair advantages driven by greed, individuals acting
against the law can collaborate and form alliances to achieve their
common goals.
Therefore, as carefully and lengthily detailed in the Special
Investigation Team (SIT) Report submitted by the Special
Operations Group (SOG) dated 13.08.2024, it is established by
way of investigation that the leak of papers was definite and
occurred for all three days of the examination. In such
circumstances, particularly considering the fact that in previous
years, based on criminal cases and widespread malpractices (even
of a lesser magnitude compared to the present factual matrix),
several examinations have been canceled (such as the 2nd Class
Teacher Recruitment Examination 2022 conducted by the RPSC),
the present impugned recruitment process ought to be canceled
as well. This cancellation is necessary to uphold the integrity of
the State in the conduct of public recruitment examinations.
Candidates appear in these examinations solely based on the
confidence they have in state institutions, and thus, maintaining
the sanctity of these processes is paramount. The list of the
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previously cancelled recruitment examination is reproduced herein
under:-
राजस्थान सरकार द्वारा पू र्व में निरस्त की गई कुछ भर्तियों की सूची
क्र.सं. नाम भर्ती वर्ष
1. राजस्थान पुलिस कानिस्टे बल भर्ती परीक्षा 2017
2. जेल प्रहरी भर्ती परीक्षा 2018
3. कनिष्ठ अभियन्ता सिविल (ड़िग्री) भर्ती परीक्षा 2020
4. हाईकोर्ट एलड़ीसी भर्ती परीक्षा 2020
5. रीट भर्ती परीक्षा 2021
6. राजस्थान पुलिस कानि. भर्ती परीक्षा 2021
7. वरिष्ठ अध्यापक भर्ती परीक्षा 2022
105.2 Furthermore, the decision to cancel the recruitment
process also finds substantial support from the Special
Investigation Team’s (SIT) investigation, which reveals that a
large number of selections were facilitated through the use of
dummy candidates. In a striking revelation, 9 Sub-Inspectors who
were already undergoing training at the Rajasthan Police Academy
were arrested after it was discovered that they had been selected
with the assistance of dummy candidates. Among the numerous
cases of dummy replacement documented in the investigation,
notable instances include Varsha Kumari appearing in the
examination on 13.09.2021 in place of Indubala, and on
14.09.2021 in place of Bhagwati Bishnoi. Significantly, Varsha
Kumari also appeared in the examination as herself on
15.09.2021. It is of critical importance to note that the report
indicates Varsha Kumari is currently absconding with a substantial
bounty placed on her arrest.
Similarly, Ashok Kumar Godara facilitated the selection of
Shyam Pratap Singh and Shravan Kumar Godara by appearing in
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the examination in their place. In another instance, Chammi
Bishnoi appeared in the examination in place of Manju Bishnoi and
her sister Santosh. Both Ashok Godara and Varsha Kumari, who
appeared as dummy candidates, are presently absconding from
the law. Moreover, during the conduct of the examination,
instances were recorded where real candidates and their
corresponding dummy candidates sitting in their place were
arrested at the examination centers. This highlights not only poor
management but also underscores a profound and unfortunate
systemic failure at the examination centers. This issue of systemic
failure is not isolated but rather pervasive, indicating deep-rooted
vulnerabilities in the oversight and security mechanisms employed
during the examination process.
Many of the dummy candidates involved in these
malpractices are currently absconding. The SIT, through its
investigation and in its report, has unequivocally stated that there
is a significant possibility that many more dummy candidates will
be exposed once those who are absconding are apprehended. The
systemic failure regarding the implementation of biometric checks
and videography at the examination centers effectively
advantaged the fraudsters by hindering the ability of investigation
authorities and administration to identify the dummy candidates
who appeared at the various examination centers across the 6
shifts. Given these circumstances, the possibilities of further
revelations of malpractices are extensive and potentially far-
reaching.
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105.3 The systemic failure inherent in the examination
process, evident from its very inception, underscores that the
examination was predisposed to failure even before its conduct
due to inadequate arrangements made by the RPSC. These
inadequate arrangements are highlighted by the fact that although
RPSC had initially established norms for security measures such as
internet shutdowns, biometric verification of candidates,
deployment of jammers, monitoring of examination centers
through CCTV cameras, and videography, unfortunately, such
monitoring and security measures were not implemented on the
days of the examination (13th, 14th, and 15th of September).
Surprisingly, no explanation has been provided for this deviation
from the established norms.
Furthermore, despite requests from the investigation team to
RPSC regarding the supply of videography of examination centers,
the videography footage from many centers has not been
received. This absence of footage is attributed either to the lack of
existence of such recordings or for reasons best known to RPSC,
clearly indicating that no definite arrangements for videography
were made despite RPSC’s own previously stipulated norms. The
examination was also plagued by incidents such as the use of
phones at examination centers on the day of the examination,
videos of OMR sheets taken with mobile phones going viral on
social media, and the operational and widespread use of Bluetooth
devices. Additionally, there was a systemic failure in the form of a
lack of biometric technology at the entrance of the examination
centers. Due to this deficiency, no effective checking could be
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conducted regarding the presence of dummy candidates, resulting
in the actual figure of dummy candidates remaining
unascertainable to date.
Moreover, during the examination, the presence of very
blurred and unclear photographs on the attendance sheets of
candidates has led to many incidents coming to light among those
known, while several remain unknown. Thus, this scenario does
not merely display a systemic failure on the part of RPSC, which
was entrusted with conducting the examination, but also a loss of
sanctity of the entire examination process. It remains uncertain
whether all tainted candidates can be identified because the
infrastructure in place, for reasons unknown, provides very little
assistance in ascertaining them. This situation forms a key
consideration in this court’s decision to cancel the examination.
105.4 The decision to cancel the recruitment process also
finds substantial support in the Special Investigation Team (SIT)
report dated 13.08.2024. This report indicates that a large
number of complaints, specifically numbering 333 in total, were
received by the investigation agencies through the Special
Operations Group’s (SOG) helpline regarding the paper leak, use
of dummy candidates, and candidates who appeared in the
examination using restricted and impermissible devices such as
Bluetooth. The Chairman of the SIT expressly noted that the
review, investigation, and search pertaining to these complaints
were still underway. This is due to the fact that many complaints
continue to surface, given the large number of suspected
candidates involved in the malpractices.
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More specifically, the report details that as of 13.08.2024,
searches regarding approximately 700 Sub-Inspectors were yet to
be conducted. It is anticipated that such searches could take a
considerable amount of time, and the passage of time could
further prejudice the conduct of a fair and thorough investigation.
The Chairman of the SIT noted that it is impossible to separate
the candidates who were involved in malpractices from those who
were not on the basis of the material on record. However, based
on confirmed advancements in the investigation, it was the
opinion of the Chairman SIT that the examination papers were
leaked not only by the gangs previously named but also by other
gangs. Drawing an analogy with the presence of several veins of
minerals in mining operations, the Chairman concluded that many
other groups are suspected to have indulged in unfair means and
that there are chances that these groups will come to light as the
search and investigation progress.
105.5 As of 13.08.2024, charge sheet has been presented in
court against 64 accused individuals in case number 10/2024
lodged before the Special Operations Group (SOG) Police Station.
Among these 64 accused, 37 are Sub-Inspectors who have been
arrested. Of these 37 Sub-Inspectors, 4 had not joined training
prior to their arrest. In addition to the Sub-Inspectors, 27 other
criminals linked to the paper leak operation have been arrested.
However, despite these arrests, 68 accused individuals or leads
are still absconding. A significant number of these absconding
accused are members of gangs involved in the malpractices,
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including site handlers who played critical roles in the execution of
the paper leak.
It is noted that only after the arrest of these absconding
accused, which may require a significant amount of time, will new
revelations regarding the full extent of the paper leak and the
identities of all those who benefited from it come to light with
certainty. It is expected that the number of individuals who
benefited from the paper leak, once all facts are uncovered, will be
substantial.
105.6 The fact that there is a highly disproportionate number
of selections on the post of Sub-Inspectors from the three days of
the examination casts a significant shadow of doubt on the
integrity of the examination. This is particularly concerning given
the continued malpractices, including the leak of examination
papers, on the final day of the examination. In this regard, it is
noted that although an almost equal number of candidates
appeared in the examination on the 13th, 14th, and 15th of
September 2021, the number of candidates selected varies
markedly across these days. Specifically, the number of
candidates selected is the lowest on 13th September (157
candidates), a day when the paper leakage was somewhat
unsuccessful in parts, such as in the second shift. In contrast, on
14th September, 269 candidates were selected as the leakage
pertained to both shifts of the examination. Furthermore, on 15th
September, a significantly higher number of candidates (433
candidates) were successful.
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Moreover, an analysis of the top 300 rankers reveals that
only 35 candidates from 13.09.2021 and 98 candidates from
14.09.2021 were among the top rankers, whereas a substantially
larger number of candidates (167 candidates) from 15.09.2021
were among the top 300 rankers. It is an established fact on
record that the examination papers for 14.09.2021 and
15.09.2021 were leaked widely by the Jagdish Bishnoi gang. The
same question paper and its solutions were also circulated among
other gangs, including Paurav Kaler and associates. Following the
semi-failure of the paper leak on 13.09.2021, it is plausible that
all gang members, encouraged by the success of the paper leak in
both shifts on 14.09.2021, may have found more customers
among candidates on 15.09.2021, leading to a higher number of
successful candidates on the final day.
105.7 The deliberate non-availability of information and
documents related to the impugned recruitment process, despite
recourse to the Right to Information (RTI) Act, casts a significant
shadow of doubt and concern regarding the mechanism of conduct
of the examination and the illegalities that have permeated the
process. In this context, it is noted that many applicants across
the state sought information and documents relating to the First
Information Reports (FIRs) filed in the state pertaining to the
recruitment process. However, the RPSC did not provide the
requested information or documents in response to applications
received under the RTI Act, 2005. The RPSC cited Sections 8(j),
7(9), and 11 of the RTI Act, claiming confidentiality as the basis
for withholding such information. This lack of transparency casts a
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shadow of doubt on the transparency of the entire recruitment
process. Transparency is a key element in ensuring that no
systemic failures are permitted to vitiate a recruitment process in
its entirety.
105.8 That it would be extremely inappropriate, unfair, and
shocking to the system and all stakeholders of the welfare of the
State if Sub-Inspectors, regardless of their number, who were
recruited through unfair means, are permitted to remain in
service. In this context, it is noted that in the Rajasthan Police,
the responsibility of controlling crime and maintaining law and
order at the ground level rests heavily on the shoulders of the
Sub-Inspector. Initially, a Sub-Inspector usually works as the
second officer at a police station, and upon promotion to the post
of Police Inspector, he/she performs the duties of a Station Officer.
The Station Officer acts as a pivotal figure in society. In times of
crisis, poor, helpless, weak, destitute, and suffering men, women,
and children turn to police stations, making this a critical testing
time for the Station Officer. The Station Officer listens to the
concerns of this segment of society and endeavors to secure their
rights, embodying both human and legal aspects of their job.
Additionally, the Station Officer is responsible for protecting
people’s lives, preventing land mafias from illegal encroachments,
taking strict action against smugglers of liquor, narcotics, and
opium, and ensuring legal action against anti-social elements.
If a Sub-Inspector or any officer of the rank of constable
passes the selection examination by utilizing unfair means in
collusion with an organized criminal gang, it is highly questionable
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whether such an individual will be able to discharge their duties at
the police station properly and with the confidence of the public.
Certainly not. Moreover, when such officers occupy a position that
rightfully belonged to another deserving candidate, they are
unlikely to fulfill their duties with the requisite dedication.
Consequently, Sub-Inspectors employed through such unfair
means would likely lack the complete softness, generosity, and
sensitivity towards the general public that they are meant to
serve. It is noteworthy that a person selected for the post of Sub-
Inspector can receive promotions up to the post of Additional
Superintendent of Police. Therefore, the selection process for Sub-
Inspectors should be conducted through a transparent and
sanctified process. A candidate selected through wrongful means
and an ineligible person working in such a post will only
undermine the justice system of society and impair the functioning
of the police.
105.9 As per the Special Investigation Team (SIT) report
dated 13.08.2024, the Chairman of the SIT has explicitly noted
that identifying all the Sub-Inspectors who were recruited through
unfair means is not only a very time-consuming process but is
also largely impossible. During the investigation, a cautious
approach was adopted considering the suspected accused were
Sub-Inspectors under training. Despite having all the information,
it was decided not to arrest them until the case was fully
disclosed. As a result of this criterion, two trainees from the first
lot and five trainees from the second lot were sent back to the
academy. The Chairman informed the court that there were many
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major obstacles encountered during the investigation. Managing
the administrative arrangement of keeping 30-35 accused in police
custody at the same time and investigating them simultaneously
posed a significant challenge. During interrogation, disclosures by
gang members revealed the names of beneficiaries. However,
given the possibility of many more names surfacing in the future
due to the high number of absconding candidates and the fact that
several gang members and candidates remain unidentified
because of systemic failures in conducting the examination,
uncovering all tainted candidates from among the untainted ones
would not only be an exercise in futility but also extremely time-
consuming. Furthermore, there is no guarantee of achieving fool-
proof results, which are a must if positions of great public
importance such as that of Sub-Inspectors are to be filled in
Rajasthan Police.
105.10 The possibility of the Rajasthan Police Department
having tainted candidates in service, a scenario that could
potentially unfold if the examination is not canceled in light of the
recommendations of the Special Investigation Team (SIT) as
detailed above and in consonance with the actual status and
position of the ongoing investigation, would be rather detrimental
and harmful for the society and its members at large. The
implications of allowing individuals who may have been selected
through unfair means to serve in critical positions within the police
force are profound and far-reaching. To properly uphold and fulfill
the motto of the Rajasthan Police, which is “Trust in the Public and
Fear in the Criminals,” it is imperative and necessary to cancel the
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Sub-Inspector recruitment/examination of 2021. This necessity
stems from the fact that the perception of this examination, which
has been tainted and plagued with malpractices, many of which
are yet to be fully uncovered and investigated, would only serve to
erode and push the public’s confidence further away from the
police. This outcome would be an alarming sign for both the public
and the State machinery, indicating a potential breakdown in the
trust that is so crucial for effective policing and maintenance of
law and order.
A corruption-free administration is possible only when
individuals with transparent and impeccably clean images are
selected for such critical roles. However, such expectations of
integrity, honesty, and transparency cannot be reasonably placed
upon candidates who have themselves been selected through
corrupt means, leveraging unfair advantages and malpractices to
secure their positions. Hence, to ensure that this recruitment
process is rendered corruption-free and to send a strong, positive
message to the public regarding the commitment of the
authorities to uphold the highest standards of integrity in public
service, it is necessary to cancel this recruitment. This necessity is
further underscored by the fact that it would be extremely
difficult, if not practically impossible, to classify with certainty
which candidates are tainted by the malpractices and which are
not, especially considering that four years have passed since the
examination took place. The passage of time coupled with the
complexities of the investigation and the systemic failures noted in
the conduct of the examination make it even more challenging to
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differentiate between those who were selected fairly and those
who benefited from malpractices.
106. Thus, in furtherance of the observations recorded
herein-above, it is of paramount importance and, rather
crucial for this Court to emphatically underscore and bring
to the forefront of consideration the profound and
inescapable reality that even if this Court were to harbor
the desire and exert Herculean efforts to attempt the
segregation of tainted candidates from those who are
untainted in the context of the Sub-Inspector Recruitment
Examination of 2021, it would nonetheless prove to be an
endeavor steeped in futility, and an undertaking that would
be filled with insurmountable challenges. This is because
such an attempt would inevitably lead to the fracturing of
the very systemic integrity of the impugned examination.
The investigation, which has been painstakingly detailed
and evidenced by the numerous arrests of individuals
implicated in the malpractices, the reports of many accused
who are currently absconding from the law, all of which
have been meticulously reproduced and discussed in the
preceding discourse, clearly and unequivocally indicate that
no definite position or conclusive statistic regarding the
precise number of tainted candidates can be ascertained.
Moreover, the said number of candidates who may have
been tainted by the pervasive malpractices would remain
unidentifiable due to the systemic lapses and deficiencies
that were inherent in the very conduct of the examination.
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These lapses, which have been amply demonstrated
through the investigation, cannot, at this stage, after the
passage of four long years since the examination took
place, be rectified or remedied in any manner that would
ensure the restoration of the integrity of the process. The
efflux of time, coupled with the complexities and the far-
reaching extent of the malpractices that have been
uncovered, render it impossible to disentangle the web of
deceit and unfair means that has filled the examination
process.
107. In this context, the examination process, which has
been compromised by vulnerabilities and doubts arising from
malpractices, cannot be remedied by attempting to distinguish
between candidates who were involved in misconduct and those
who were not. Any attempt to preserve a process that has been
significantly compromised would disrupt the principles of fairness
and transparency that are essential to the administration of
justice. Therefore, in order to maintain the integrity and sanctity
of the recruitment process for Sub-Inspectors in the Rajasthan
Police, it is clear that the only appropriate course of action is to
cancel the examination in its entirety. Although this step may be
necessary despite its potentially adverse consequences, it is
essential to prevent further erosion of public trust in the police
force. Public trust is a foundational element for the effective
maintenance of law and order and the administration of justice.
108. At this stage, this Court deems it appropriate to note
that during the course of arguments, the learned counsel for the
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respondents had advanced an argument to the effect that the
cancellation of the examination would be prejudicial to those
successful candidates who had participated in the impugned
recruitment process after having relinquished their jobs in either
the State or Central Government. However, this argument, when
considered in the context of the systemic irregularities and the
comprehensive failure of the recruitment process, is liable to be
rejected.
109. In this regard, it is noted that even for such successful
candidates who had quit their previous employment to pursue the
recruitment process for the position of Sub-Inspector, the entire
selection process has been rightly declared as canceled due to the
egregious violations and illegalities that have occurred in the
recruitment process. These violations have impinged upon the
rights guaranteed under Articles 14 and 16 of the Constitution of
India to all candidates. As a consequence, all appointments made
pursuant to this recruitment process, regardless of whether a
successful candidate was tainted or had previous government
service, are liable to be canceled. This is because the systemic
frauds that have been perpetrated in the recruitment process have
left no aspect of the process untouched or unaffected by the taint
of illegality.
110. Notwithstanding the above, in sync with the dictum of
the Hon’ble Apex Court as enunciated in Baishakhi
Bhattacharyya (Supra), for successful candidates who had
previously been employed in different departments of the State
Government and who quit their employment with the intention of
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joining the services of Sub-Inspector in pursuance of the
impugned recruitment process, a limited right is recognized. These
candidates shall have the right to apply to their previous
departments for continuation in service. Such applications shall be
processed by the respective departments within a period of three
months. Furthermore, these candidates shall be allowed to resume
their positions in their previous departments without the gap
between their quitting the previous employment and the
subsequent attempted joining being treated as a break in service.
However, it is made clear that for the period during which these
candidates were purportedly employed under the disputed
recruitment process as Sub-Inspectors, no wages shall be paid by
their former departments.
111. The foundational irregularities and fraud that have
clearly defined the impugned recruitment process cannot be
overlooked merely to secure the interests of candidates who may
not have been individually tainted. In cases where recruitment to
public employment is vitiated as a consequence of systemic fraud
or irregularities, the entire selection process itself becomes
illegitimate. It is an acknowledged fact that the leakage of the
examination papers may or may not have tainted and/or involved
all of the successful candidates who ultimately fell within the zone
of selection. However, this consideration is beside the point for the
simple reason that the gravamen of the charge is not focused on
the taint that attaches to a specific group of accused/tainted
individuals, but rather pertains to the sanctity off the recruitment
process as a whole. The entire selection process is guided by the
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fundamental principle that a public body must act in a fair and
reasonable manner. The presence of systemic fraud or
irregularities undermines this principle, thereby rendering the
entire recruitment process illegitimate, even for the untainted
successful candidates.
112. The argument put forth by the learned counsel for the
respondents to the effect that a substantial loss would potentially
be suffered by the State exchequer in the event the recruitment is
canceled and the examination is required to be conducted afresh,
lacks nuance, for the simple reason that the loss of public
faith in the State machinery simply cannot be equated with
any loss to the State exchequer. The rationale behind this is
that monetary assets required to conduct a re-examination are
replenishable and can be allocated or reallocated by the State, as
needed. In stark contrast, the loss of public faith due to allowing a
systemically vitiated recruitment process to see the light off the
day and to be implemented would be long-lasting and very
difficult to reverse. Gaining back the trust of the public, who are
the biggest stakeholders of the public machinery and recruitment
processes, would be a challenging and potentially protracted
endeavor. The importance of maintaining public trust in the
integrity of recruitment processes conducted by the State
machinery cannot be understated, as it is foundational to the
legitimacy of public institutions, such as the Police Force, of which
Sub-Inspectors form a key part. Thus, the potential loss of
public faith outweighs considerations of monetary loss to
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the State exchequer in the context of ensuring the integrity
of the recruitment process.
F. Fraud at the Grassroot Level: Active Involvement and
Participation of Members of the RPSC.
113. In addition to the grave irregularities that have plagued
the impugned recruitment process for Sub-Inspectors at the hands
of external forces such as the Bishnoi and Kaler Gang amongst
others, the charge-sheet(s) filed by the investigation authorities,
which were duly received by the Court during the pendency of the
proceedings as part of the record, have removed the veil of
credibility from the face of RPSC as well. These charge-sheets
have exposed not only the lack of integrity in the impugned
recruitment process of Sub-Inspectors but also the complete
absence of rectitude in certain members of the RPSC. The
members in question vitiated the recruitment process even before
the written examination was conducted. The key takeaways from
the charge-sheet, which highlight the mass fraud, cheating, and
dishonesty perpetrated not merely by external gangs, but also
through the active connivance and participation of members of the
RPSC, are shocking and evoke dismay. The revelation of such
active involvement of RPSC members in the malpractices
associated with the recruitment process underscores the depth of
corruption and the extent to which the integrity of the process has
been compromised. This connivance between internal members of
the RPSC and external gangs in perpetrating fraud in the
recruitment process is a matter of significant concern, as it strikes
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at the very foundation of the credibility and trustworthiness of the
RPSC in conducting fair and transparent examinations.
114. As per the details revealed in Charge-Sheet Nos.
07/2024 dated 01.05.2024, No. 07A/2024 dated 22.05.2024,
07B/2024 dated 29.07.2024, and 07C/2024 dated 17.09.2024, it
has come to light that during the conduct of the impugned
recruitment examination/process for Sub-Inspector of Police, Mr.
Babu Lal Katara held a position as a member of the RPSC. In this
capacity, he bore the responsibility of overseeing the preparation
of paper sets for the examination. Mr. Babu Lal Katara, with the
assistance of his coordinator Mr. Madhur Mohan, arranged for the
preparation of two paper sets each for the subjects of Hindi and
General Knowledge from subject experts. In the first week of
August 2021, the then Chairman of RPSC, Mr. Bhupendra Singh,
informed Mr. Babu Lal Katara about receiving one set each of Hindi
and General Knowledge from RPSC Member Manju Sharma. After
receiving these sets and after moderation was done, Mr. Babu Lal
Katara kept all the paper sets along with their model answer keys
in his custody with the intention of eventually handing them over
to the Chairman of the Commission.
115. In this manner, Mr. Babu Lal Katara retained custody of
three sets of both subjects (a total of six sets with answer keys) in
a cupboard located in the restroom of his office. At the time, Mr.
Ramuram Raika was also a member of the Commission alongside
Mr. Babu Lal Katara. Mr. Ramuram Raika approached Mr. Babu Lal
Katara with a request to help his son, Devesh Raika, in the Sub-
Inspector Examination of 2021. In response to this request, Mr.
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Babu Lal Katara instructed Mr. Ramuram Raika to take a
photograph of the paper set and model answer key kept in the
cupboard in his restroom. Accordingly, Mr. Ramuram Raika took a
photograph of the paper set and its model answer key using his
mobile. Thus, while holding a constitutional post and being
entrusted with the duty to uphold the integrity of the examination,
Mr. Babu Lal Katara leaked the papers for all three days of the
Sub-Inspector of Police Examination 2021 by making them
available to fellow member Ramuram Raika to facilitate cheating
by his son.
116. As narrated in the charge-sheet, these actions
demonstrate how the systemic breakdown of the integrity of the
impugned recruitment process began even before the conduct of
the examination. Notably, the papers were first leaked in the first
week of August, whereas the examination was scheduled to take
place on the 13th, 14th, and 15th of September 2021.
117. In this background, it is noted that subsequent to the
impugned paper leak, Mr. Babu Lal Katara was also involved in
another paper leak for the recruitment of 2 nd Class Teachers, as
conducted by the RPSC in the Year 2022, wherein he sold the
question paper prior to the conduct of the examination to one Anil
for a personal monetary benefit of Rs. 60 lakhs. Due to this illegal
sale, Anil further sold the paper multiple times, on account of
which the Bakaria bus incident came to light, whereby many
individuals were taught the leaked paper in a moving bus. Qua
said leakage, criminal antecedent arising from FIR No. 227/2022
under Sections 419,420,120B of IPC and Sections 3,4,5,6,9 and
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10 of Rajasthan Public Examination Act 2022 are reflected against
Mr. Babu Lal Katara. Despite the lodging of the said FIR in the Year
2022, Mr. Babu Lal Katara sat as a panelist in the interviews
conducted for the impugned recruitment process, for reasons best
known to the RPSC. Thus, when the recruitment process was
being conducted by a member of the RPSC who lacks integrity and
morals, and who does not even deserve to hold the constitutional
post of being a RPSC Member owing to the past leakage of papers,
the entrustment on such an individual to conduct the interview for
the impugned recruitment process is agonizing and largely
infuriating for those who depend upon honest selections and
recruitment in public posts.
118. If the individual responsible for overseeing the
interview process is himself implicated in the leakage of the
examination papers, then it is certainly not reasonable to expect
that the candidates he interviews for employment are honest and
untainted candidates who have not resorted to unscrupulous
methods to secure selection. The inclusion of Mr. Babu Lal Katara
in the interview panel is sufficient to establish and fasten systemic
failure in the impugned recruitment process of 2021. Furthermore,
the pervasive and unending systemic failure, which has its roots in
the very body administering the recruitment process (the RPSC),
also encompasses the incident involving the simultaneous
selection of the son and daughter of former RPSC Member Mr.
Ramuram Raika. Mr. Babu Lal Katara helped Mr. Ramuram Raika’s
son by leaking the paper to him, allowing him to take a
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photograph of the examination paper and its model answer key,
thereby facilitating cheating in the examination.
119. With regard to Mr. Ramuram Raika, who acted in
collusion with Mr. Babu Lal Katara to obtain the examination paper
and its model answer key in advance of the Sub-Inspector
recruitment examination of 2021, the charge-sheet dictates that
prior to the conduct of the examination, Mr. Raika wrote a letter to
the then Chairman of the RPSC, Mr. Bhupendra Singh. In this
letter, Mr. Raika requested relaxation from being involved in the
impugned recruitment process on the grounds that his son,
Devesh Raika, was a participant in the same examination.
However, despite disclosing the information regarding his son
Devesh’s participation in the examination, Mr. Raika actively
concealed from the Commission the fact that his daughter, Shobha
Raika, was also appearing in the same examination. Thus, the
disclosure made by Mr. Raika regarding his son’s participation in
the examination was merely a façade and for appearances only.
Mr. Raika actively concealed his daughter’s participation in the
examination while utilizing his influence as a Member of the
Commission to obtain the examination paper in collusion with
fellow member Mr. Babu Lal Katara, through the mechanism
delineated above. In this regard, it is noted that both Shobha and
Devesh Raika, who obtained Top 10 Ranks in the impugned
examination owing to the paper leakage, had previously appeared
in several examination such as UPSC, RAS amongst others since
the Year 2018 but failed to clear any. The charge-sheet notes in
clear and unequivocal terms that the said examination papers
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were leaked at a very early stage, specifically even before the
papers reached the printing press. Consequently, the magnitude of
their wide reach and the potential number of beneficiaries of the
leaked papers is extremely difficult to ascertain or gather, despite
Herculean efforts in investigation.
120. In furtherance of the aforementioned circumstances,
the involvement of additional members of the RPSC has come to
light. In order to ensure that Shobha Raika secured good marks in
the interview stage of the recruitment process, Mr. Ramuram
Raika met with the then Chairman of RPSC, Sanjay Shrotriya, and
other RPSC Members including Mr. Babu Lal Katara, Ms. Manju
Sharma, Ms. Sangeeta Arya, and Mr. Jaswant Rathi. During these
meetings, Mr. Raika requested these members to ensure that his
daughter passed the interview. Prior to Shobha’s interview, Mr.
Raika showed a photograph of Shobha to Mr. Babu Lal Katara on
the day of the interview, informing him that Shobha would attend
the interview wearing the same dress as in the photograph. Since
the RPSC Chairman is responsible for deciding the composition of
the interview board for each candidate, Mr. Babu Lal Katara
advised Mr. Ramuram Raika to first meet with the RPSC Chairman,
Sanjay Shrotriya. Mr. Raika met with Chairman Shrotriya and
subsequently informed Mr. Babu Lal Katara to do the needful.
Accordingly, Shobha Raika’s interview was conducted before an
interview board of which Mr. Babu Lal Katara was a part. Mr. Babu
Lal Katara ended up awarding Shobha 34 marks. In a similar
manner, there was a 3-day holiday before Devesh Raika’s
interview. During this period, Mr. Ramuram Raika met with RPSC
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Chairman Mr. Sanjay Shrotriya at his official residence.
Subsequently, Mr. Raika met with RPSC Members Manju Sharma
and Sangeeta Arya and spoke with Mr. Jaswant Rathi on the
phone. Mr. Sanjay Shrotriya took part in Devesh Raika’s interview
and awarded him 28 marks.
121. Mr. Babu Lal Katara’s involvement in the rigging of the
Sub-Inspector Recruitment Examination 2021 continues as per the
charge-sheet filed in FIR No. 10/2024. On 10.09.2021, through
his nephew Vijay Kumar Damor, Mr. Katara provided Kundan
Kumar Pandya with a register containing handwritten questions
and answers for both shifts of all three days of the examination.
Kundan Kumar Pandya then entered into an agreement with
Sandeep Kumar Lata to teach the questions and answers to three
candidates for Rs. 10 lakh per candidate. On the night of
11.09.2021, Sandeep Kumar Lata received a photocopy of the
register containing 600 handwritten questions and answers (300
per subject) from Kundan Kumar Pandya. Sandeep Kumar Lata
provided a set of these photocopies to Purshottam Dhadhich, a
government accountant in Udaipur, at his official residence. At
Purshottam Dhadhich’s behest, Renu Kumari and her sister
Radhika took the examination on all three days and in both shifts
using the leaked questions. Additionally, a plan was made to
provide the leaked paper to Purshottam Dhadhich’s brother Manish
Dhadhich, who had also applied for the recruitment examination.
122. At this juncture, this Court notes that the instances
documented above are merely illustrative examples among the
numerous other incidents of systemic malpractices that have come
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to light through the charge-sheets that have been filed. These
malpractices have been perpetrated either by members of the
RPSC themselves, including involvement of the Chairman of the
RPSC, or by external gangs whose roles have been discussed in
detail in the preceding discourse. The relevant extract of the
charge-sheets is reproduced herein-under:-
“श्री बाबूलाल कटारा पुत्र श्री वजेराम कटारा जाति कटारा
उम्र 60 साल निवासी ग्राम मालपु र पोस्ट नई बस्ती थाना
सदर जिला डूंगरपुर हाल 79 आई/9, टोडरमल लेन अजमे र-
उप निरीक्षक/प्लाटू न कमाण्डर परीक्षा 2021 दिनां क 13 सितम्बर
से 15 सितम्बर 2021 तक राजस्थान लोक सेवा आयोग द्वारा
आयोजित की गई थी। उक्त परीक्षा के दौरान श्री बाबूलाल कटारा
राजस्थान लोक सेवा आयोग में सदस्य था। वर्तमान में श्री
बाबूलाल कटारा को आयोग से निलम्बित कर दिया गया है । श्री
रामू राम राईका के साथ ही श्री बाबूलाल कटारा भी आयोग में
सदस्य था। श्री बाबूलाल कटारा के पास इस परीक्षा के पेपर सेट
तैयार करवाने का दायित्व था। श्री बाबूलाल कटारा ने अपने
कॉर्डिनेटर श्री मधु र मोहन रं गा के सहयोग से विषय विशेषज्ञों से
दो-दो पेपर सेट हिन्दी व सामान्य ज्ञान के तैयार करवाये। माह
अगस्त 2021 के प्रथम सप्ताह में तत्कालीन राजस्थान लोक सेवा
आयोग अध्यक्ष श्री भू पेन्द्र सिंह द्वारा एक-एक सेट हिन्दी व
सामान्य ज्ञान का आरपीएससी सदस्य श्रीमती मंजू शर्मा से प्राप्त
करने बाबत श्री बाबूलाल कटारा को बताया। एक-एक सेट हिन्दी
व सामान्य ज्ञान का प्राप्त करने के बाद एवं मोडरे शन करवाने के
बाद आयोग के अध्यक्ष को सुपुर्द करने के लिए सभी पेपर सेट
एवं उनकी मॉडल की (KEY) अपनी कस्टडी में रखे । इस प्रकार
श्री बाबूलाल कटारा ने दोनों विषयों के तीन-तीन सेट कुल छः
सेट उत्तर कुंजी सहित अपने कार्यालय के रे स्ट रूम में रखी
अलमारी में रख लिये। चूं कि श्री रामूराम राईका एवं श्री बाबूलाल
राईका दोनों एक ही समय पर आयोग में सदस्य थे इस वजह से
श्री रामूराम राईका ने अपने पु त्र दे वेश राईका की उप निरीक्षक
परीक्षा में मदद करने हे तु श्री बाबूलाल कटारा से बात की जिस(Downloaded on 28/08/2025 at 10:10:07 PM)
[2025:RJ-JP:33343] (165 of 202) [CW-13806/2024]पर श्री बाबूलाल कटारा ने श्री रामू राम राईका को अपने कार्यालय
के रे स्ट रूम में रखी अलमारी में रखे पेपर सेट एवं मॉडल की
(KEY) की फोटो खींचने हे तु कहा। जिस पर श्री रामू राम राईका
ने पेपर सेट एवं मॉडल की (KEY) की फोटो अपने मोबाईल से
खींच कर ले गया। इस प्रकार श्री बाबूलाल कटारा द्वारा
संवैधानिक पद पर रहते हुए श्री रामू राम राईका को पु लिस उप
निरीक्षक भर्ती परीक्षा 2021 के तीनों दिनों के पेपर परीक्षा से पू र्व
उपलब्ध करवाये गये ।
श्री रामू राम राईका पुत्र भोपाल राम राईका निवासी गंगवाना पु लिस
थाना रोल जिला नागौर हाल फ्लैट नम्बर 103, चित्रा निकंु ज बृज
कॉलोनी, सोडाला, जयपुर- उप निरीक्षक / प्लाटू न कमाण्डर परीक्षा
2021 दिनां क 13 सितम्बर से C 15 सितम्बर 2021 तक राजस्थान
लोक सेवा आयोग द्वारा आयोजित की गई थी। उक्त परीक्षा के दौरान श्री
रामू राम राईका राजस्थान लोक सेवा आयोग में सदस्य था। श्री रामू राग
राईका के साथ ही श्री बाबूलाल कटारा भी आयोग में सदस्य था। श्री
रामू राम राईका के पुत्र दे वेश राईका ने इस परीक्षा में आवेदन किया था।
जिस पर श्री रामू राम राईका ने आयोग के तत्कालीन अध्यक्ष श्री भूपेन्द्र
सिंह को पत्र लिखकर अपने पुत्र दे वेश राईका के उप निरीक्षक भर्ती
परीक्षा 2021 में सम्मिलित होने के कारण स्वयं को उक्त परीक्षा के कार्य
से मुक्त रखने हे तु निवेदन किया था लेकिन श्री रामूराम राईका ने अपनी
पुत्री शोभा राईका के उप निरीक्षक भर्ती परीक्षा 2021 में सम्मिलित होने
की सूचना आयोग को नहीं दी थी। तत्कालीन आयोग अध्यक्ष श्री भूपेन्द्र
सिंह ने इस परीक्षा के पेपर सेट तैयार करने हे तु श्री बाबूलाल कटारा को
कार्य सौंपा था। श्री बाबूलाल कटारा ने इस परीक्षा के विषय विशेषज्ञों से
तैयार करवाकर अपने कार्यालय के रे स्ट रूम में रखी अलमारी में रखे
लिये तब श्री रामूराम राईका ने इस परीक्षा से पू र्व श्री बाबूलाल कटारा को
अपने पुत्र दे वेश की इस परीक्षा में मदद हे तु श्री बाबूलाल कटारा को कहा।
माह अगस्त 2021 के दू सरे सप्ताह में श्री रामूराम राईका ने श्री बाबूलाल
कटारा के कार्यालय में रे स्ट रूम में रखी अलमारी में रखे पेपर सेट एवं
मॉडल की (KEY) की श्री बाबूलाल कटारा की सहमति से अपने मोबाईल
से फोटो खींची एवं अपने पुत्र दे वेश एवं पु त्री शोभा राईका को रजिस्टर में
लिखवाकर तैयारी करवाई। इस प्रकार तीनों दिन के पेपर प्रिंटिंग प्रेस में
छपने जाने से पू र्व ही बाहर चले गये ”
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G. Previously Concurring Views Exhibited by the
Advocate General and the Cabinet Committee with those
expressed by the Chairman, SIT dated 13.08.2024
123. The learned Advocate General, upon being sought for
an opinion regarding the proposal put forth by the Additional
Director General of the Anti-Terrorist Squad (ATS), Special
Operations Group (SOG), Rajasthan, and also the Chairman of the
Special Investigation Team (SIT), a proposal which had been duly
accepted by the Director General of Police, Rajasthan, expressed
his considered opinion vide letter dated 14.09.2024. In his
opinion, the learned Advocate General noted that considering the
extensive nature of the malpractices that have been discussed in
the preceding discourse pertaining to the impugned recruitment
process, it would not be feasible or possible, in the specific facts
and circumstances of the case involving the Sub-Inspector
Recruitment Examination of 2021, to effectively segregate or
distinguish between the candidates who were selected through
tainted means and those who were selected without any taint of
malpractices. In articulating this opinion, the learned Advocate
General accepted the proposal that had been made by the SIT in
its report dated 13.08.2024 concerning the future course of action
regarding the SI Recruitment Examination of 2021. This report, as
has been elaborately discussed in the preceding sections, outlines
the findings and recommendations of the SIT in relation to the
investigation into the malpractices that occurred during the
recruitment examination. The proposal so accepted by the learned
Advocate General, as referenced in the context of the SIT’s report
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dated 13.08.2024, pertains to the course of action to be taken in
light of the investigation’s findings regarding the widespread
malpractices. The takeaway’s of the proposal so seconded by the
learned Advocate General is reproduced herein-under:-
“1. उप निरीक्षक पु लिस प्लाटू न कमाण्डर भर्ती परीक्षा 2021 को निरस्त
किया जाए। परीक्षा निरस्त करने के साथ ही नई भर्ती की विज्ञप्ति जारी हो ।
2. इस परीक्षा में शामिल अभ्यर्थियों को ही कम से कम 3 महीने का समय
दे कर पुनः परीक्षा का आयोजन कराया जायें। उम्र में छूट दे ने की भी
अनुशंषा है ।”
124. Similarly, as noted above, the Director General of Police
vide letter dated 22.08.2024 had also agreed with the
recommendations of the Additional Director General of Police-SOG
and ATS, coupled with the recommendations of the Chairman SIT
regarding the cancellation of the SI Recruitment Examination
2021. Accordingly, the Director General of Police had forwarded
the report of the Chairman SIT dated 13.08.2024 to the Home
Department, Government of Rajasthan for their consideration.
125. Moreover, even the committee of Cabinet Ministers so
constituted on 01.10.2024 to examine the recruitment
examination of 2021, vide its recommendations dated 10.10.2024
recommended the following actions regarding the future of the SI
Recruitment Examination 2021, namely:-
125.1 That the Committee was in agreement with the
Director General’s opinion unanimously, which was arrived at on
the basis of the investigation report of the SIT.
125.2 That in view of all the facts presented before the
Committee, including the opinion of the Advocate General, the
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[2025:RJ-JP:33343] (168 of 202) [CW-13806/2024]Committee agreed on the fact that the entire recruitment process
had proven to be tainted from the very beginning, where Sub-
Inspectors were recruited by adopting unfair means, which saw
unqualified candidates in public service posts. It was specifically
noted that such candidates would be unable to live up to the
sacred oath of the Rajasthan Police, which is “Trust in the common
man and fear in the criminals”.
125.3 The Committee based its findings on the view that
for a corruption free administration in the State, the people of the
State coupled with Government expect that only personnel with a
clean and transparent track record be selected on such vital posts
of Sub-Inspectors, which is amiss in the impugned selection
process of 2021.
125.4 That accordingly, the final decision of the
Committee was based on the findings/ recommendations
forwarded by the Additional Director General of Police, ATS and
SOG coupled with SIT to the Director General of Police, to cancel
the SI Recruitment Examination 2021, to which the Director
General of Police gave his consent.
126. Up until this point, there was concurrence in the views
expressed by various authorities including the Director General of
Police, the Additional Director General of ATS and SOG, Chairman
of the SIT, the Cabinet Committee as constituted on 10.10.2024,
as well as the learned Advocate General regarding the course of
action pertaining to the Sub-Inspector Recruitment Examination of
2021. These entities were in agreement based on the findings and
recommendations stemming from the investigation into the
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malpractices associated with the examination. However, a twist or
a turn of events occurred when the State’s final stance, which was
pending approval of the Chief Minister, was presented before the
Court on 28.06.2025. This final stance of the State, despite being
broadly aligned with the previously expressed views admitting
fraud and malpractices, introduced four specific recommendations.
These recommendations, while not entirely divergent from the
earlier expressions of opinion, did introduce certain modifications.
The implications or ramifications of these modifications could
potentially be far-reaching or have significant effects on the
outcome or the future of the Sub-Inspector Recruitment
Examination of 2021. The final stance of the State as of
28.06.2025 put forth these four recommendations regarding the
future of the said examination.
“मंत्रीमंडलीय समिति की अनुशंसाः
1. एसआईटी द्वारा अनुसंधान को आगे बढ़ाया जाए और फर्जी तरीके से
चयनित समस्त अभ्यर्थियों को गिरफ्तार कर प्रभावी कार्यवाही की जाए।
2. चिन्हित आक्षे पित अभ्यर्थियों की सेवा समाप्त की जाए एवं उन्हें भविष्य
में राजकीय भर्ती परीक्षाओं से डीबार किया जाए।
3. पुलिस उप निरीक्षक / प्लाटू न कमां डर भर्ती परीक्षा 2021 को रद्द
करने का निर्णय इस समय लेना प्रीमै च्योर होगा।
4. इस भर्ती प्रक्रिया में शामिल अभ्यर्थियों के हितों की रक्षा करने हे तु
आगामी नवीन भर्ती परीक्षा में पर्याप्त संख्या में पद विज्ञापित किए जाएं
तथा आयु की पात्रता में छूट दे ने पर भी सकारात्मक विचार किया जाए।”
127. The revised recommendations put forth by the Cabinet
Committee essentially stipulate that the investigation into the
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malpractices associated with the Sub-Inspector Recruitment
Examination of 2021 must be continued by the Special
Investigation Team (SIT). Furthermore, it is recommended that all
candidates who were selected through fraudulent means must be
apprehended and effective action should be taken against them.
Additionally, the Cabinet Committee recommended that the
services of candidates who have been identified as objectionable
due to their involvement in malpractices should be terminated.
These candidates should also be debarred from participating in
future government recruitment examinations. Of particular note is
Clause 3 of the recommendations, which states that at the present
stage, it would be premature to take a decision regarding the
cancellation of the Sub-Inspector Recruitment Examination of
2021. In contrast, Clause 4 of the recommendations suggests that
in order to safeguard the interests of candidates who were
involved in the recruitment process, a sufficient number of posts
should be advertised in the upcoming new recruitment
examination. Moreover, it is recommended that relaxation in the
age eligibility criteria should be considered positively for these
candidates.
128. The decision rendered by this Court to cancel the
impugned recruitment examination of 2021, as has been
discussed at considerable length in the preceding discourse, does
not find itself to be entirely discordant with Clause 3 of the
recommendations dated 28.06.2025, which represent the final
stance of the State Government on the matter. While Clause 3 of
the said recommendations acknowledges the possibility of the
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impugned recruitment examination being subject to cancellation,
it prefixes this possibility with a caveat indicating that at the
present stage, it may not be appropriate to take a decision
regarding cancellation. This Court, in the exercise of its
judicious powers and upon careful consideration of the
circumstances, is of the opinion that when the systemic
faults and malpractices in the conduct of the Sub-Inspector
Recruitment Examination of 2021 are more than evident
and patently clear, and when any further clarity beyond
this point is not required for the adjudication of the matter,
and especially considering that a prolonged period of four
years has elapsed since the conduct of the impugned
examination, and taking into account the Special
Investigation Team’s (SIT) Report dated 13.08.2024 which
has expressly made clear that the passage of time has not
only rendered the investigation more challenging but has
also diminished the prospects of accurately determining the
number of candidates who had resorted to unfair means of
various kinds to secure a position, then any further delay in
cancelling the examination and any additional wait for
further investigation would be an exercise in futility.
129. This is particularly so when the possibility of
cancellation of the examination has already been entertained and
acknowledged by the State Government in its recommendations,
albeit with the qualification “at this stage” in Clause 3. A further
wait in such circumstances would merely serve to intensify the
anxiety of the candidates, whether they are accepted or not, and
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those who are awaiting the outcome of the present litigation, to a
considerable degree, and such an outcome could be altogether
futile as no accurate picture may be obtained as a result of the
investigation. This is because the SIT has made it clear that even
with further investigation, it would be extremely difficult to
actually ascertain the precise number of candidates who had
participated in illegal means to secure a position as Sub-Inspector.
130. This Court, for the reasons articulated in the preceding
discourse and in the exercise of its judicious capacity under Article
226 of the Constitution of India, deems it appropriate to modify
and interpret Clause 3 of the recommendations in a manner that
the Sub-Inspector Recruitment Examination of 2021 be cancelled
at the present stage, in light of the investigation conducted thus
far. This course of action is deemed beneficial for several reasons.
Firstly, cancelling the examination now would serve to relieve the
candidates from the anxiety of uncertainty that has persisted for a
considerable duration. Secondly, it would preserve the sanctity of
the recruitment process for the post of Sub-Inspector, a position
that demands and attracts a significant degree of public
confidence, which could be undermined by the presence of any
candidate who has secured their position through unlawful
activities. Thirdly, cancelling the examination at this stage would
bring an end to the prolonged wait of four years since the
recruitment process was initiated, a wait that has implications not
only for the candidates but also for the State machinery, which
would not have proceeded with the recruitment advertisement
without the need for personnel. Fourthly, it would uphold the
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fundamental principle that fraud vitiates everything, thereby
acknowledging and remedying the fact that systemic failures in
the conduct of the examination were not limited to the stage of
paper leakage but were also encouraged by the actions and
inadequate arrangements made by the RPSC in conducting the
examination. These failures not only resulted in the leakage of
papers but also impeded a complete and thorough investigation
into the matter.
131. Consequently, the only viable solution to bring an end
to the present litigation from its prolonged delay is to cancel the
examination at the present stage, as opposed to the
recommendation of the State to possibly consider cancellation at a
subsequent stage while awaiting further investigation. Thus, the
recommendations dated 28.06.2025, more particularly Clause 3 of
the said recommendations is read in sync with observations made
above, whilst directing the cancellation of the impugned
recruitment examination, at the present stage.
V-Conclusion
132. In light of the foregoing discussion, this Court deems it
absolutely necessary, must and appropriate to cancel the
impugned recruitment process of Sub-Inspectors 2021, especially
on a cumulative consideration of the following stipulations:-
(i) The preliminary objections raised challenging the
maintainability of the writ petitions before this Court lacked
nuance and merit. Consequently, this Court could not
countenance these objections for the detailed reasons
discussed above and for the overarching reason that the lis
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importance. Ignoring such issues while exercising jurisdiction
under Article 226 of the Constitution of India could precipitate
catastrophic effects on the State’s machinery, particularly the
executive branch of the State, namely the Police Force.
(ii) That an in-depth factual inquiry has revealed systemic
irregularities in the conduct of the Sub-Inspector Recruitment
Examination 2021, which has undermined the integrity of the
entire selection process, leaving no plausible chance of
segregation of tainted and untainted candidates.
(iii) The noted systemic irregularities have crept in the
recruitment process, both internally (via RPSC Members) and
externally (via Gangs such as the Bishnoi and Kaler Gang).
(iv) At the risk of repetition, the systemic irregularities and
fraud, perpetrated by the RPSC members themselves, is
briefly taken note of, herein-under:-
a) RPSC Members Babu Lal Katara and Ramuram Raika
were actively involved in leaking examination papers and
model answer keys for the Sub-Inspector Recruitment
Examination 2021. The leakage occurred between the first
and second week of August, approximately one month
before the examination (13th-15th September 2021), and
even before the papers reached the printing press. Babu Lal
Katara leaked the papers to Ramuram Raika to benefit the
latter’s children, Shobha and Devesh Raika, who appeared in
the examination and secured Top 50 ranks in the State.
Charge-sheets filed in lodged FIRs record the admission of
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Ramuram Raika and his children regarding obtaining the
papers prior to the examination.
b) Beyond RPSC Members Babu Lal Katara and Ramuram
Raika’s involvement in leaking examination papers, other
RPSC members were also implicated in compromising the
Sub-Inspectors 2021 recruitment process’s integrity. Babu
Lal Katara advised Ramuram Raika to meet RPSC Chairman
Sanjay Shrotriya to ensure favorable interview panels for his
children. Ramuram Raika met Chairman Sanjay Shrotriya,
who participated in Devesh Raika’s interview panel
(awarding 28 marks) and ensured Babu Lal Katara’s
involvement in Shobha Raika’s panel. Chairman Sanjay
Shrotriya was thus actively involved in prejudicing the
interview stage. Ramuram Raika also interacted with
members Manju Sharma, Sangeeta Arya, and Jaswant Rathi
regarding his children’s interviews. These members’
participation suggests systemic corruption within the RPSC,
compromising the recruitment process’s credibility at both
interview and written examination stages.
c) The inclusion of Babu Lal Katara in the interview panel
for the impugned recruitment process, in itself constituted a
grave malpractice, particularly in light of an ongoing
investigation against Babu Lal Katara pertaining to FIR No.
227/2022 registered at Udaipur.
d) A total of 6 members of the RPSC, including the then
Chairman, were involved in systematically undermining the
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credibility of the impugned recruitment process from within
the institution, over and above the external paper leakages.
e) The RPSC’s conduct of the examination on the 13th,
14th, and 15th of September was filled with significant flaws
and replete with administrative and organizational
loopholes. These deficiencies facilitated paper leakages and
enabled malpractices including substitution of dummy
candidates, copying, and utilization of electronic and
Bluetooth devices during the examination.
f) In regard to the examination’s conduct, several
deviations from protocols and security lapses compromised
the examination’s integrity. Specifically: (1) exams were
held in additional districts (Alwar, Pali, Bhilwara, Rajsamand)
beyond initial 7 divisional headquarters; (2) use of private
schools/invigilators diminished security; (3) mandated
security measures (internet shutdown, biometrics, CCTV)
weren’t effectively implemented, enabling paper leaks and
cheating via mobiles/Bluetooth; (4) non-randomized duty
allocation allowed manipulation and paper leaks via groups
like Kaler and Bishnoi Gang; (5) marks normalization issues
led to unequal outcomes across exam days; and (6) RPSC
lacked transparency, withholding normalization details and
RTI Act information.
g) The current RPSC Chairman, Mr. Utkal Rajjan Sahoo,
via an additional affidavit dated 14.08.2025, has admitted
and disclosed that a candidate photographed the OMR Sheet
during the examination and circulated it on social media,
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causing it to become viral. This incident reveals two grave
shortcomings: firstly, the presence of handheld devices and
internet connectivity during the examination despite norms
mandating the use of jammers; secondly, the dissemination
of the OMR sheet on social media, thereby impeding
investigation authorities from ascertaining the extent of
beneficiaries of this breach across examination centers in
the state.
(v) In addition to the internal systemic irregularities and
shortcomings emanating from the RPSC and its members
itself, as noted above, several external forces also operated to
vitiate the impugned recruitment process of 2021. The
cancellation of the recruitment process was necessitated by
the following additional reasons, namely:-
a) The SIT in its report dated 13.08.2024 highlighted that
for the examination conducted on 13.09.2021, the
investigation revealed a sophisticated paper leak operation
orchestrated by the Kaler Gang in collusion with others
including Raju Matrix and Dinesh Singh Chauhan,
Director/Owner of Shri Ramsahay Adarsh Secondary School,
Bikaner. Utilizing Bluetooth devices, the gang facilitated
cheating by transmitting leaked question papers and
answers to candidates during the Rajasthan Police Sub-
Inspector Recruitment 2021 examination held on 13th-15th
September 2021. The leak occurred at Shri Ramsahay
Adarsh Secondary School, Bikaner, and was also
disseminated to parties in Pali. Dinesh Singh Chauhan
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leaked papers for Rs. 15 lakhs. Charge-sheets were filed
against accused persons including Tulcharam Kaler, Paurav
Kaler, Raju Matrix, and Dinesh Singh Chauhan under various
sections of IPC, Rajasthan Public Examination (Prevention of
Unfair Means) Act, and IT Act, while several candidates with
links to said leakage were arrested. The SIT report noted
the possibility of large-scale circulation of leaked papers
across the State, accurate investigation with regards to
which would be extremely difficult, noting the possibility of
widespread beneficiaries.
b) The thorough and commendable investigation
conducted by the SIT also highlighted rampant malpractices
wherein the Jagdish Bishnoi Gang leaked exam papers for
both shifts on 14.09.2021 at Ravindra Bal Bharti Senior
Secondary School, Shanti Nagar, Hasanpura, Jaipur. Jagdish
Bishnoi, a habitual offender with over 13 criminal
antecedents related to paper leaks, led the gang. The
modus operandi involved collusion with Rajesh Khandelwal
(center superintendent), Pankaj Chaudhary (invigilator), and
others to leak papers via WhatsApp. Solved papers were
distributed to candidates through site handlers across
Rajasthan. The gang used encrypted communication,
destroyed evidence post-exam, and operated across
Rajasthan. Notorious members include Harshvardhan
Meena, Anil Kumar Meena (involved in other paper leaks),
and others. Papers were sold to candidates for cheating.
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Several arrested, while the beneficiaries of said leak were
manifold.
c) The Jagdish Bishnoi Gang leaked papers for both shifts
on 15.09.2021 as well at Ravindra Bal Bharti Senior
Secondary School, Jaipur, using a modus operandi similar to
14.09.2021. The Kaler Gang also leaked papers for both
shifts on 15.09.2021 at Shri Ramsahay Adarsh Secondary
School, Bikaner, but obtained the solved papers from
Praveen Bishnoi (Jagdish Bishnoi gang) for Rs. 10 lakh.
Notably, Jagdish Bishnoi and Kaler Gangs have no
established connection, highlighting the coming together of
disparate groups to collaborate for paper leaks. The SIT
emphasized the difficulty in tracing or limiting dissemination
of leaked papers due to the gangs’ modus operandi.
d) Sub-Inspectors were also selected through a scheme
involving dummy candidates on 13.09.2021-15.09.2021.
Dummy candidates, paid large sums (up to Rs. 8 lakh),
appeared in exams for actual candidates using innovative
methods like fake wigs with electronic devices and earpieces
with Bluetooth technology. Kingpins like Bhanwarlal Bishnoi
arranged dummy candidates for actual candidates across
Rajasthan. The Special Investigation Team (SIT) noted
cheating via Bluetooth required access to solved leaked
papers from unknown sources, highlighting the extensive
and complex paper leakage network.
(vi) In connection with the Sub-Inspector Recruitment
Examination 2021, more than 10 First Information Reports
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(FIRs) were lodged by authorities concerning serious
allegations of paper leakage, utilization of dummy candidates,
and employment of unfair means during the conduct of the
examination. In addition to these numerous FIRs, 3 more
were specifically filed before the Special Operations Group
(SOG), a unit tasked with investigating and addressing
significant and complex cases. These FIRs highlight the extent
of the irregularities and malpractices that were investigated in
relation to the examination.
(vii) Pursuant to the investigation conducted by the Special
Investigation Team (SIT), as reflected in their report dated
13.08.2024, and the charge-sheets submitted, authorities
effected approximately 100 arrests. The investigation revealed
involvement of numerous tainted successful candidates,
dummy candidates, subject experts, site handlers, kingpins,
and officials, with many remaining at large or absconding. For
the 859 advertised posts, roughly every 1 in 8 selected
candidates utilized unfair means. The number of beneficiaries
is likely to increase as the SIT noted that the exact number
could not be ascertained until absconding individuals are
apprehended and interrogated. Due to time elapsed and poor
RPSC infrastructure, thorough investigation after 4 years is
proving difficult, making it extremely challenging to capture all
irregularities, which shows how deep-rooted they are, making
it improbable for all to be uncovered, even if further
investigation is carried out.
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(viii) Even the prospect of 1 in every 8 candidates being
tainted in the recruitment of Sub-Inspectors in the police force
is alarming, given the critical role of Sub-Inspectors in
controlling crime, maintaining law and order, and serving as
pivotal figures in society as Station Officers. It would be
inappropriate and unfair to permit Sub-Inspectors recruited
through unfair means to remain in service. Sub-Inspectors,
who may be promoted up to Additional Superintendent of
Police, must be selected through a transparent and sanctified
process. Candidates selected through wrongful means are
unlikely to discharge duties properly, with requisite dedication,
softness, generosity, and sensitivity towards the public,
thereby undermining the justice system and impairing police
functioning.
(ix) The prospect of the Rajasthan Police Department
retaining tainted candidates in service, should the Sub-
Inspector recruitment examination of 2021 not be cancelled in
light of the Special Investigation Team’s (SIT)
recommendations and the ongoing investigation’s status,
would be detrimental and harmful to society at large. Allowing
individuals selected through unfair means to serve in critical
police positions has profound and far-reaching implications.
(x) To uphold the Rajasthan Police’s motto of “Trust in the
Public and Fear in the Criminals,” cancelling the 2021 Sub-
Inspector recruitment examination is imperative. This is
necessitated by the fact that the tainted examination, plagued
by malpractices yet to be fully uncovered, would erode public
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confidence in the police. Such an outcome would alarm both
the public and State machinery, indicating a breakdown in
trust crucial for effective policing and law and order
maintenance.
(xi) A corruption-free administration requires individuals with
transparent and impeccable images in critical roles.
Candidates selected through corrupt means, leveraging unfair
advantages and malpractices, cannot reasonably be expected
to embody integrity, honesty, and transparency. Cancelling
this recruitment would ensure a corruption-free process and
convey authorities commitment to upholding integrity in
public service. Given the passage of four years since the
examination and the complexities of the investigation coupled
with systemic failures, all discussed above, differentiating
between fairly selected candidates and those benefiting from
malpractices is extremely challenging, if not practically
impossible.
(xii) At the risk of repetition, but in conclusion, it is noted
that the latest position of law on the subject is sufficiently
made clear by the dictum of the Hon’ble Apex Court
enunciated in Baishakhi Bhattacharyya (Supra), wherein
it was held that when a meticulous factual inquiry unveils
systemic infirmities, such as malaise or fraud, that pervasively
undermine the integrity of the selection process, the
inevitable consequence must be the cancellation of the
selection in its entirety. The decision to cancel the selection
en masse must be predicated upon sufficient material
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garnered through investigation, wherein the standard of proof
is not necessarily one of unassailable certainty but rather one
grounded in preponderance of probabilities. Although the
resultant inconvenience to unblemished candidates is
undoubtedly lamentable, it cannot be permitted to eclipse the
profound manipulation that has sullied the selection process,
thereby vitiating its sanctity.
(xiii) It is of paramount importance to emphasize that due to
the widespread irregularities and malpractices, both external
and internal, occurring from before the printing of papers
through the examination and interview stages, attempting to
separate tainted from untainted candidates in the Sub-
Inspector Recruitment Examination of 2021 would be a futile
endeavor filled with insurmountable challenges. Such an
attempt would compromise the systemic integrity of the
examination especially when the investigation indicates that
no conclusive statistic regarding the precise number of tainted
candidates can be determined due to systemic lapses and
deficiencies in the examination’s conduct. After four years,
rectifying or remedying these lapses to restore process
integrity is impossible due to the passage of time,
complexities, and extent of uncovered malpractices.
(xiv) That even the learned Advocate General, upon being
solicited for an opinion regarding the proposal by the
Additional Director General of the ATS/SOG, Rajasthan, and
Chairman of the SIT, which was accepted by the Director
General of Police, Rajasthan, expressed his opinion via letter
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dated 14.09.2024. In this opinion, the learned Advocate
General also noted that given the extensive malpractices in
the Sub-Inspector Recruitment Examination of 2021, it is not
feasible to segregate candidates selected through tainted
means from those selected without taint. The Advocate
General accepted the SIT’s proposal in its report dated
13.08.2024 regarding the future course of action concerning
the examination, which was categorically noted to be
cancellation, and not segregation of tainted and untainted
candidates.
(xv) Similarly, the Director General of Police, vide letter dated
22.08.2024, concurred with the recommendations of the
Additional Director General of Police-SOG and ATS, as well as
the Chairman of the Special Investigation Team (SIT),
pertaining to the cancellation of the Sub-Inspector
Recruitment Examination of 2021.
(xvi) That even the Cabinet Ministers’ committee (constituted
on 01.10.2024) recommended via 10.10.2024
recommendations to cancel the 2021 Sub-Inspector
Recruitment Examination. The Committee agreed with the
Director General’s opinion (based on the SIT investigation
report) that the recruitment process was tainted from the start
with unfair means. Such candidates may not uphold the
Rajasthan Police oath (“Trust in the common man and fear in
the criminals”). For a corruption-free administration, personnel
with clean records are needed for vital Sub-Inspector posts.
The Committee’s decision to cancel the examination was
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based on recommendations from the Additional Director
General of Police (ATS/SOG and SIT), to which the Director
General of Police consented.
(xvii) The Cabinet Committee’s revised recommendations
dated 28.06.2025 stipulate that the SIT continue investigating
malpractices in the 2021 Sub-Inspector Recruitment
Examination and that the candidates selected through fraud
should be apprehended, face action, have services terminated
if involved in malpractices, and be debarred from future
government exams. Clause 3 of the said recommendation
notes that it’s premature to decide on cancelling the
examination ‘at this stage’, while Clause 4 suggests
advertising sufficient posts in the next recruitment exam with
age relaxation for affected candidates.
(xviii) This Court’s present judicious decision to cancel the
Sub-Inspector Recruitment Examination of 2021 harmonizes
with the tenor of Clause 3 of the recommendations dated
28.06.2025, emanating from the State Government, which
contemplates the possibility of cancelling the impugned
recruitment process after further investigation, at a
subsequent stage. In light of the manifest and patent systemic
infirmities and malpractices that plague the conduct of the
said examination, coupled with the effluxion of a considerable
period of four years since the examination’s date, and taking
into account the SIT report dated 13.08.2024, which
underscores the challenges in investigating the matter further
and the diminished prospects of accurately ascertaining the
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number of candidates who resorted to divers unfair means to
secure a position, any further procrastination in cancelling the
examination would constitute an exercise in futility.
(xix) This particular cancellation at this stage is apposite when
the State Government’s recommendations themselves
envisage the possibility of cancellation, albeit tempered by the
qualification “at this stage” in Clause 3. Prolonging the
uncertainty in such circumstances would merely serve to
exacerbate the anxiety of the candidates and those awaiting
the outcome of the present litigation, without any
corresponding benefit, as the SIT has explicitly averred that
ascertaining the precise number of candidates who employed
illegal means to secure a Sub-Inspector position would be
extremely difficult even with further investigation. The
cancellation of the examination at this juncture would thus
relieve candidates from the burden of uncertainty, preserve
the sanctity of the recruitment process for the post of Sub-
Inspector, a position of significant public trust, and uphold the
sacrosanct principle that fraud vitiates all proceedings.
(xx) Therefore, this Court exercising its judicious powers
under Article 226 of the Constitution of India, deems it
appropriate to interpret Clause 3 of the recommendations to
effect the cancellation of the Sub-Inspector Recruitment
Examination of 2021 at this stage, based on the investigation
conducted thus far. Cancelling the examination, at this
present stage, is beneficial for several reasons: it relieves
candidates from prolonged uncertainty, preserves the sanctity
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of the recruitment process for a position demanding public
confidence, ends a four-year wait since recruitment initiation,
and upholds the principle that ‘fraud vitiates everything’.
Hence, given systemic failures in the examination’s conduct
and impediments to thorough investigation, cancelling the
examination now is the viable solution to end prolonged
litigation, aligning Clause 3 of the 28.06.2025
recommendations with this direction.
(xxi) The present contextual framework harmoniously aligns
itself with the judicial pronouncements enunciated in the cases
of Baishakhi Bhattacharyya (Supra) and Vanshika Yadav
(Supra), thereby warranting the cancellation of the
examination in question. The Special Investigation Team’s
(SIT) meticulous and in-depth factual inquiry into the
malpractices attendant to the Sub-Inspector Recruitment
Examination of 2021 has sufficiently substantiated the
allegations of fraud, corruption, and the widespread internal
and external leakage of question papers and model answers.
The Hon’ble Apex Court, in both of the aforementioned judicial
pronouncements, has elucidated with clarity that the standard
of evidence requisite to reach a conclusion qua cancellation of
the recruitment process need not be unduly strict or require
evidence conclusive beyond any doubt. Rather, a
preponderance of probabilities shall suffice to subject the
impugned recruitment process to cancellation, owing to the
reasons noted above, which establish the existence of
systemic malaise in the conduct of the examination. This
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alignment with the judicial dictum, coupled with the findings of
the SIT, fortifies the basis for cancellation of the examination.
(xxii) The argument advanced by the learned counsel for
the respondents regarding the consideration of principles of
materiality and proportionality to preclude the cancellation of
the recruitment in its entirety is wholly misconceived. This is
because the leakage of the question paper and its model
answer key in the present factual matrix was perpetrated not
only by gangs and anti-social elements on a large scale but
also by members of the RPSC themselves. These members,
entrusted with the responsibility of safeguarding the
examination, were ironically complicit in the malpractices. The
cost of cancelling the recruitment process is counterbalanced
by the imperative of reinstating public confidence in State
institutions, which suffers a cascading effect of erosion due to
paper leaks. A significant counter to the respondents
arguments lies in the fact that the systemic vitiation of the
examination was not an isolated incident. Firstly, the leakage
was not confined to a single center or city but extended to
almost all divisional headquarters and additional centers
where the examination was conducted. Secondly, paper
leakage involving RPSC members and external gangs is not a
singular occurrence, as evidenced by the Bakaria Bus incident
involving RPSC Member Babu Lal Katara, amongst others. In
these circumstances, cancellation of the examination in its
entirety is the only efficacious solution to reinstate the faith of
the public in vital State institutions such as the Police Force.
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(xxiii) In concluding the foregoing observations, this
Court acknowledges the undeterred, resilient, thorough, and
painstaking investigation undertaken by the SIT, SOG, as
reflected in the report dated 13.08.2024 and the charge-
sheets filed. This investigation has lent significant support in
unearthing the nefarious racket of paper leakage gangs and
their collusive partnership with internal members of the RPSC,
aimed at vitiating a fair and transparent recruitment process,
thereby rendering it a systemically flawed endeavour, such as
the present one. This Court also acknowledges and
appreciates the promise made by the current ruling political
party in the State, as contained in its manifesto released prior
to the 2023 State Elections. The party had pledged to make all
endeavours to curb the issue of paper leaks and ensure that
all recruitment processes are untainted. The corresponding
investigation, aligned with the said promise in the manifesto,
has enabled the widespread corrupt practices to be exposed in
the public eye.
(xxiv) The Hindi idiom, “Ghar ka Bedi Lanka Dahay”,
aptly encapsulates the egregious circumstances
surrounding the Sub-Inspector Recruitment
Examination 2021, wherein the very guardians
entrusted with safeguarding the sanctity of the process,
namely the members of the RPSC, were instrumental in
its vitiation. It is a travesty of monumental proportions
that six members of the RPSC, tasked with the
sacrosanct duty of protecting the interests of the public
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and masses, chose to betray that trust. Through their
active participation in, or knowledge of, the leakage of
papers and prejudicing of the interview process, RPSC
Members Babu Lal Katara, Ramuram Raika, Manju
Sharma, Sangeeta Arya, Jaswant Rathi and Chairman
Sanjay Shrotiya enabled the systemic and large-scale
compromise of the examination’s integrity. The attack
on the examination’s sanctity was not solely the
handiwork of external anti-social elements but was
significantly birthed and spread by these very members
of the RPSC. This betrayal of public trust from within
the RPSC has precipitated a crisis of confidence in the
recruitment process and the institutions meant to
uphold it, underscoring the idiom Ghar ka Bedi Lanka
Dahay’s relevance in highlighting the devastating
impact of internal complicity and corruption.
133. Accordingly, for the reasons noted herein-above, the present
batch of writ petitions are allowed, in above terms. Pending
applications, if any, stand disposed of.
VI. DIRECTIONS
134. In furtherance of the noted conclusion regarding the
inherent and absolute need for the cancellation of the process
undertaken by the RPSC for recruitment of candidates on the post
of Sub-Inspector in pursuance of Advertisement No. 08/2021
dated 03.02.2021, this Court, in agreement and in the same
breath as the recommendations deemed necessary by the learned
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Advocate General in his opinion dated 14.09.2024, deems it fit to
direct as under:-
(i) That the Government should prepare a detailed report
with supporting material, in consonance with the
shortcomings noted in the preceding discourse, and on that
basis and along with that report and corroborating material,
recommend to the RPSC to cancel the whole recruitment
process conducted till date including the
result/recommendations of the Sub-Inspector Police/Platoon
Commander Recruitment Examination 2021.
(ii) That the RPSC should also be instructed to re-conduct
the whole process under the same advertisement dated
03.02.2021, or by making alternative arrangements in the
novel advertisement so issued vide notification dated 17th
July 2025, on the basis of valid applications received in
pursuance of that advertisement, deadline of which is
September 08 2025. It would be expected from the RPSC,
that in confirmation with Clause 4 of the recommendations
dated 28.06.2025, to protect the interests of the candidates
involved in the present recruitment process, sufficient number
of posts should be advertised in the upcoming new
recruitment examination and relaxation in age eligibility
should also be considered positively.
(iii) That to be fair to the applicants, reasonable time for
preparation and appearing in the examination should be
allowed.
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(iv) That the RPSC should be instructed to ensure fairness
and transparency in the re-conducting of the process as to
avoid any further lapses.
(v) That as soon as the RPSC decides and cancels the
process as mentioned above, the appointments made on the
basis of the previous process should be immediately cancelled
by the government with all legal consequences, as noted
above.
(vi) That in case of termination of the candidates appointed,
if any one of them have resigned their Government services
to join the new post, order should be issued for their
reinstatement to their original posts in Government Service,
in above terms.
VII. Suo-Moto Cognizance & PIL
135. Having arrived at the aforementioned conclusion and
pursuant to having issued directions in connection therewith, this
Court, whilst exercising its jurisdiction under Article 226 of the
Constitution of India, cannot remain a passive observer and
permit the RPSC to perpetrate a travesty of the system through its
repeated and continued breach of the public trust. This breach,
evidently, emanates from the active involvement of its members in
undermining the integrity of an esteemed public institution, which,
when functioning at its envisioned capacity, plays a pivotal role in
the governance of the State of Rajasthan. The RPSC, by virtue of
its mandate, administers the recruitment process for virtually all
significant public posts within the State, thereby occupying a
position of considerable importance in the administrative
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framework of Rajasthan. In light of the grave improprieties and
malpractices that have been brought to light, involving members
of the RPSC itself, this Court is duty-bound to ensure that the
sanctity of the recruitment process is preserved and that the
public trust reposed in such an institution is safeguarded. It is
incumbent upon this Court, in wielding its constitutional powers,
to uphold the rule of law and to ensure that institutions like the
RPSC conduct themselves with the utmost integrity, probity, and
transparency, thereby fostering confidence in the public
institutions that serve as the backbone of the State’s
administrative machinery.
Framework of the RPSC
136. The RPSC, a constitutional body established pursuant to
Article 315 of the Constitution of India, is vested with mandates as
delineated under Article 320. The paramount objective of the
RPSC is to conduct recruitments for various civil services and
government posts within the State of Rajasthan in a manner that
is fair, efficient, transparent, and timely, adhering scrupulously to
the prescribed and established Recruitment Rules. In essence, the
RPSC orchestrates competitive examinations, screening tests, and
interviews, whilst also tendering advice to the State Government
on matters pertaining to recruitment, including but not limited to
appointments, promotions, transfers, professional standards, and
disciplinary actions. In order to uphold the constitutional objective
underlying its very formation and organization, for which purpose
it was constituted, the RPSC has, in theory, undertaken various
measures to secure the integrity of the examinations it conducts.
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These measures are designed to ensure that the processes of
recruitment are insulated from malpractices, thereby fostering
confidence in the outcomes of such recruitments and upholding
the principles of meritocracy and fairness that are foundational to
the functioning of a constitutional body such as the RPSC. Some of
these measures, formulated in theory, include:-
a. Limited Examination Centers: Examinations are conducted at
carefully vetted centers with two invigilators assigned per 24
candidates to ensure tight supervision.
b. Enhanced Applicant Verification: Features such as larger photos,
handwriting samples, and stricter security protocols have been
introduced to deter dummy candidates, tampering, and paper
leaks.
c. Application Process Reforms: Application workflows have been
tightened to seal loopholes that previously enabled cheating and
the entry of dummy candidates.
d. Structural Reforms: The Government has initiated restructuring
of the RPSC to assign sensitive and confidential tasks to newly
appointed members who are free from past controversies, thereby
increasing accountability.
e. Strengthened Legal Penalties: Proposals have been made to
elevate penalties for paper leak offenses, including the possibility
of life imprisonment, to enhance deterrence against anti-social
elements.
f. Cancelling Compromised Exams: Examinations whose integrity
has been compromised are to be cancelled.
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137. With regards to the constitutional framework governing
the RPSC, Article 316 of the Constitution of India stipulates that
the Chairman of the Commission shall be appointed by the
Governor. Furthermore, it mandates that at least half of the
members of the Commission must comprise individuals who have
held office under the Government of India or a State Government
for a minimum period of 10 years. The tenure of such members is
prescribed as 6 years or until the attainment of the age of 62
years, whichever is earlier. A salient feature of Article 316 is that
whilst members of the RPSC may include academicians, experts,
or eminent persons, a minimum of 50 percent must be comprised
of experienced civil servants.
138. In compliance of constitutional provisions and looking
to the past practices, members of the Rajasthan Public Service
Commission (RPSC) are appointed from amongst experienced
government servants, retired senior bureaucrats, officers of
services such as IAS, RAS, IPS, IFS, and individuals with domain
expertise in fields like academics, law, administration, and social
service. This appointment is subject to the constitutional mandate
that at least 50% of the members must be past civil servants. The
RPSC aims to ensure that its members maintain impartiality by
not holding any office of profit under the Government or being
connected with political parties during their tenure. Articles 316-
319 of the Constitution of India address aspects of disqualification
of members. Specifically, Article 317 outlines the grounds and
procedure for the removal and suspension of a member of the
Commission. A member can be removed by the President of India
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for ‘misbehavior’ following a reference to the Supreme Court,
which conducts an inquiry and reports on the justification of
removal. Additional grounds for removal include engagement in
paid employment outside duties or infirmity of mind or body. A
member may be suspended pending the President’s order on
removal based on the Supreme Court’s report.
Framework of the RPSC: A Farce
139. Despite RPSC possessing a rigid framework and holding
significant importance in establishing public order in the State
through various recruitments, ranging from the employment of
teachers to police personnel, the aims, objectives, and safeguards
purportedly imposed by the RPSC have repeatedly been exposed
as a farce. This is particularly evident when considering the
shameful state of affairs involving its members and the Chairman.
In the context of the Sub-Inspector Recruitment Examination
2021 alone conducted by the RPSC, the leakage of examination
papers was initiated through the joint efforts of RPSC members
Mr. Babu Lal Katara and Mr. Ramuram Raika, occurring even
before the papers reached the printing press. The fact that the
leakage of papers was orchestrated by those very individuals who
are constitutionally mandated to safeguard them to ensure a fair
public recruitment process exposes the infirmities and rampant
corruption within the RPSC. This has led to the lifting of the veil of
credibility that the RPSC proudly boasted of, a situation that is
most unfortunate for the thousands and lakhs of candidates who
participate in RPSC-administered recruitments with the hope that
one day they shall reap the fruits of their hard work in an
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environment preclusive of fraud, where merit is the sole victor.
However, through the inherent actions of RPSC members, merit
has become a casualty in recruitment exercises. What is more
alarming is not only the involvement of RPSC members like Babu
Lal Katara and Ramuram Raika, which is in itself unacceptable, but
also the active connivance and involvement of several other
members of the Commission, including Manju Sharma, Sangeeta
Arya, and Jaswant Rathi. As per the charge-sheet, these members
had complete knowledge of the transactions and malpractices
ensuing between members of the Commission for personal gains.
140. The involvement of the former Chairman of the RPSC,
Mr. Sanjay Shrotriya, adds to the gravity of the situation. Mr.
Shrotriya not only instructed Ramuram Raika regarding the future
course of action concerning his son’s and daughter’s interviews
but also actively participated in the interview panel himself. If the
head of an institution of such esteemed public importance is
inherently disobedient toward his oath and duties, it portrays an
image of deceit in public employment. The mechanism employed
to leak papers and prejudice the interview process resembles a
spider web of compromised integrities working together to
compromise the process. The biggest and most unfortunate loser
in this scenario is the hard-working candidate who, with no
knowledge of these mechanisms at the backbone of the
institution, toils hard to pass the recruitment with hope for
ensuring a better life not only for themselves but also for their
families and the community at large. It is not difficult to imagine
that a society in which public posts are held by individuals with
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corrupt backgrounds cannot preach confidence in public
institutions.
141. At the center of this distrust lies the RPSC. This
situation is both alarming, unfortunate, and infuriating, to say the
least. Against this backdrop, the measures adopted by the RPSC
such as cancellation of exams, enhanced candidate verification,
and increased readiness for exams, as outlined in the framework
above, are exposed as mere farces. These measures shall not
prevent any breach of examination integrity because the integrity
is not being breached solely by anti-social elements of society but
also by the very members of the RPSC who are entrusted to
ensure that such anti-social elements cannot make a mockery of
the system. The erosion of trust in the RPSC due to these
malpractices has far-reaching implications for the credibility of
recruitments conducted by the Commission. The participation of
numerous candidates in these examinations, fueled by aspirations
of securing public service positions through merit-based selection,
is now tainted by the shadow of corruption. In conclusion, the
revelations regarding the involvement of RPSC members in
malpractices during the Sub-Inspector Recruitment Examination
2021 starkly highlight the need for stringent accountability and
reforms within the RPSC to restore the integrity and credibility of
its recruitment processes.
142. The shortcomings of the RPSC are not limited to the
instances of corruption noted in the Sub-Inspector Recruitment
Examination 2021, but also in various other examinations, and in
various other forms which also challenge their competence and
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ability to conduct recruitments smoothly. Some illustrations
include:-
(I) 2nd Grade Teacher Recruitment (General Knowledge)
Examination conducted in December 2022: The RPSC
cancelled the General Knowledge test after the police intercepted
a bus in Udaipur carrying 37 students and seven “experts” with
the leaked question paper. The paper leakage in this incident,
pursuant to investigation, was also attributed to the very source
i.e. RPSC Member Babu Lal Katara who had sold the paper for
personal monetary gain of Rs. 60 lakhs to one Anil, who further
distributed the same, thereby vitiating the entire examination. As
a result, the examination was cancelled by the RPSC and
conducted afresh subsequently.
(II) Senior Teacher Recruitment (Group A and B, General
Knowledge)- December 2022: After allegations of paper
leakage and irregularities in the Group A and B General Knowledge
Examinations, conducted on December 21 and 22, 2022
respectively, RPSC cancelled both the papers. The rationale for the
said cancellation stemmed from a SOG investigation prompted by
allegations involving the active participation of RPSC Member Babu
Lal Katara, which was found sufficient by the Commission to
cancel the examination, and reschedule them for July 2023.
(III) Revenue Officer Grade-II and Executive Officer Class
IV Exams- May 2023: The RPSC cancelled the examinations held
on May 14 2023 for the posts of Revenue Officer Grade II and
Executive Officer Class IV, following serious allegations of paper
leakage. The cancellation was prompted by the findings of the
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[2025:RJ-JP:33343] (200 of 202) [CW-13806/2024]SOG, seconding the allegations qua the paper leakage. In this
examination, over 1.96 lakh candidates appeared.
(IV) 2018 RAS Recruitment Irregularity: RPSC admitted
manipulation in the 2018 RAS Examination, which impacted the
rank of SDM Padma Chaudhary, raising questions of administrative
misconduct.
(V) Other incidents of regular incorrect answer keys, challenge to
the competence of experts and evident mismatches in the model
and final answer keys of the RPSC, as evidenced by the numerous
petitions entertained by this Court, subsequent to the conduct of
various recruitment processes.
143. The essence of the foregoing discussion underscores
the imperative that the RPSC cannot persist in functioning in a
manner characterized by negligence and corruption as is currently
evident. Such functioning results in thousands and lakhs of
aspiring candidates becoming casualties to the selfish interests of
a few members of the Commission. These members render the
examination system inherently flawed and worthy of cancellation
from within the institution itself. This situation is further
compounded by the poor administration of examinations, a fault of
the RPSC as highlighted by the Special Investigation Team (SIT)
report dated 13.08.2024. The RPSC, as per the SIT report,
exhibited several shortcomings in the conduct of the impugned
recruitment process, over and above the foundational leakage of
papers at the hands of its member even before they reached the
printing press. The shortcomings are noted herein-under:-
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(i) Deviation from Planned Examination Centers:
Initially planned for divisional headquarters (7 centers), but
exams were held in additional districts (Alwar, Pali, Bhilwara,
Rajsamand).
(ii) Use of Private Schools and Invigilators: Shifted from
government institutions/personnel to private
schools/invigilators, leading to compromised security.
(iii) Inadequate Security Measures: Despite norms for
security (internet shutdown, biometrics, CCTV), these weren’t
effectively implemented, leading to paper leaks and cheating
via mobiles/Bluetooth.
(iv) Non-Randomized Duty Allocation: Allowed potential
manipulation.
(v) Paper Leakage: Leaks occurred before exams via
groups like Kaler and Bishnoi Gang along with several others.
(vi) Marks Normalization Issues: Led to unequal outcomes
across exam days.
(vii) Lack of Transparency: RPSC withheld details on
normalization and under RTI Act.
144. In consideration of the foregoing discussion, this Court,
cognizant of the fraud perpetrated by members of the RPSC at the
grassroots level, the connivance of RPSC members in prejudicing
the interview process, the involvement of over six members of the
RPSC in malpractices with further investigation pending, the
participation of the head of the institution in tampering outcomes,
the continued involvement of accused RPSC members in various
examinations, the silence of RPSC members enabling systemic
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vitiation of recruitment processes, and the RPSC’s inability to
uphold its aims of fair and equitable recruitments; the continued
breach of public trust resulting from the inability of the RPSC to
manage its affairs and guided by the dictum of the Hon’ble Apex
Court in Baishakhi Bhattacharyya (Supra) which relaxes the
requirement of proof beyond doubt in civil recruitments in favor of
a preponderance of probabilities; and relying upon the Special
Investigation Team (SIT) Report dated 13.08.2024 and charge-
sheets in FIRs related thereto, deems it appropriate and
imperative to take suo-moto cognizance of the systemic
malpractices within the RPSC in the State of Rajasthan, for
institution of a Public Interest Litigation, in conformation of Rule
385-P and 385-Q of the Rajasthan High Court Rules 1952.
145. The Registrar (Judicial) is directed to place a copy of
this order along with concerned material for perusal before the
Hon’ble Chief Justice, for further proceedings and consideration.
(SAMEER JAIN),J
Pooja /188-190
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