Vijay Kumar Sain vs State of Rajasthan

Mr. Veerendr Singh Siradhana, J. - The above noted batch of writ applications projects a challenge to recruitment process conducted in response to an advertisement dated 18th September, 2013, on analogous facts and law, and therefore, the matters have been taken up for final disposal, at this stage, with the consent of the learned counsel for the parties.

The Direct Combined Recruitment Examination 2013, for appointment to the posts of Junior Accountant and Revenue Tehsil Accountant (for short, �RTA�), initiated vide advertisement dated 18th September, 2013, is assailed by the petitioners for use of unfair means and malpractices through electronic gadgets and devices facilitating illegal and unfair access to answer keys during the examination conducted on 2nd August, 2015, at the behest of a syndicate for unlawful monetary gain for extending benefit to the candidates of such corrupt/criminal design The petitioners, therefore, have prayed for cancellation of the recruitment process of the Junior Accountant and Revenue Tehsil Accountant Examination-2013.

Briefly, the essential skeletal material facts necessary for appreciation of the controversy raised in the writ applications are that the petitioners, in response to the advertisement dated 18th September, 2013, issued by the Rajasthan Public Service Commission (for short, �RPSC�), submitted their applications for consideration of their candidatures. The petitioners being eligible, participated in the selection process for which the written examination was conducted on 2nd August, 2015, at different examination centers throughout the State of Rajasthan. It repeated case of the petitioners that hundreds of candidated have been benefited by use of unfair means and malpractices through electronic gadgets and devices facilitating illegal and unfair access to answer keys during the examination conducted on 2nd August, 2015.

It is further contended by the learned counsel for the petitioners that immediately, news reports started surfacing in electronic media and many dailies, reflecting that dozens of answer keys were transmitted to the candidates during the examination for monetary consideration and Governmental Enforcement Agency arrested 7 accused persons at Pali, Jalore, Rajsamand, Barmer and Jaipur. The Station House Officer (SHO), Bhaiyalal, intercepted a car at check post of Gogunda Toll, under suspicion for it did not bear any registration number plate. On search, vests fitted with concealed electronic devices, Blue-tooth and admite cards, were recovered from one Bhagirath Vishnoi and Babulal, who were riding the car. During the course of interrogation, it was further revealed that the device was purchased from one Jagdish Ram Vishonoi resident of Jalore. On further investigation and interrogation, it was found that many candidates were carrying such devices. Similar device was also found in possession of one Kheta Ram resident of Jodhpur, who purchased the device at Udaipur from one Om Prakash Dhaka, resident of Jalore for Rs. 20,000/-. The transaction was agreed for an amount of Rs. 4.5 lacs after writing the examination.

In preliminary investigation, it was discovered that there is an organised syndicate operating throughout the country. The candidates while participating in the examination conducted on 2nd August, 2015, made use of the devices. These high-tech devices and gadgets were purchased for Rs. 20,000/- (Rupees Twenty Thousand) and the beneficiaries agreed to pay a sum of Rs. two lacs to Rs. Five lacs, after writing the examination. The Governmental Enforcement Agency from Udaipur informed about this corrupt/criminal design to the RPSC. The Blue-tooth device was fitted in the ear and micro antenna was kept on shoulder with wires fitted in the vested and mobile was fitted in underwear, in the stitching pattern. Many persons were repeating the answers to the candidates again and again.

A news was also published in "Dainik Bhaskar" on 4th August, 2015, that the same syndicate/gang was involved in leakage of paper of Sub-Inspector Examinations which were conducted last year with the same modus operandi. The question paper in that selection process was leaked, in somewhat similar manner, for a consideration of Rs. One crore and 80 candidates were beneficiaries of the corrupt design. Rs. Eight lacs from each of the candidates were charged for the transaction/benefit.

Learned counsel for the petitioners reiterating the pleaded facts and grounds of the writ application, further asserted that during the course of interrogation, some of the accused persons arrested from Barmer, admitted that the question paper of the examination involved herein, was purchased by the syndicate/gang from the experts of the subjects. Further, for each correct answer, a sum of Rs. One thousand was to be changed from the candidates. A group of 40 persons, was to sit together, at different places, to solve the question paper. Five accused persons were arrested at Udaipur and Rajsamand and 6 accused persons were arrested at Udaipur and Rajsamand and 6 accused persons were arrested at Gudamalani, District Barmer.

Shri Rajender Prasad Goyal, Superintendent of Police, informed of arrest of Bhagirath Vishoni and Babulal Jat. Accused Kheta Ram, Chetna Ram both by caste Vishoni and Sunil, were arrested from Udaipur. Some of the accused persons are Teachers and Patwaries, who have been arrested, are also involved in the transaction. Criminal cases were registered at Jaipur, Barmer, Udaipur, Jalore, Rajsamand, Pali etc. for mass cheating and use of unfair means. The Government of Rajasthan has handed over the investigation of the entire matter to Special Operation Group of Police (SOG).

Mr. Anoop Dhand, learned counsel for the petitioners contended that dozens of copies have been handed over by the Government Enforcement Agency in different parts of State of Rajasthan and several FIRs have been lodged against several candidates but the SOG has investigated only FIR No. 6/2015, registered at Police Station, SOG, Jaipur.

Referring to the progress report of the investigation dated 3rd November, 2015, placed on record as Annexure-AR/1 with the reply to writ application filed on behalf of the State-respondents, learned counsel asserted that the recruitment process has been universally vitiated by use of unfair means and malpractice through electronic gadgets and devices facilitating illegal and unfair access to answer key as has been deposed during the interrogation by accused persons namely, Mohan Lai Vishnoi resident of Jaleli, District Jodhpur, Jagdish Jyagi resident of Data, District Jalore, Jagdish Vishnoi resident of Khara Karda, District Jalore, Om Prakash Dhaka resident of Pur, District Jalore, Bantu @ Joga Ram Jat resident of Khara Karda, District Jalore, Pampa Ram Vishnoi, Patwari, resident of Malvada, District Jalore, Ram Niwas Vishnoi, Teacher, resident of Bhaderana, District Jalore, Manohar Lal Suthar, Teacher resident of Karola, District Jalore and Hariram Vishnoi, PTI resident of Bool, District Barmer and many others.

Learned counsel further urged that the conclusions arrived at by the Investigating Agency by adding offence under Section 6 and 6A of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992, in the transaction of criminal design complained of, conclusively proves the fact that the question papers were leaked during the process of examination and were available with the master mind of the conspiracy, and therefore, the entire examination of the recruitment process is vitiated.

Referring to news paper report, learned counsel would further urge that Pre Examination-2013 for Rajasthan Administrative Services (for short �RAS�) was cancelled by the respondent-Commission for similar reasons. Similar was the case while the respondent-Commission cancelled the examination of Lower Division Clerks applying the principles enunciated by the Hon''ble Apex Court of the land, in the case of Tanvi Sarwal v. Central Board of Secondary Education and Ors.; (2015) 6 SCC 573.

Therefore, according to the learned counsel, the decision arrived at by the Full Commission in its metting dated 25th February, 2016 that the present one is a case of Use of Unfair Means, by use of Bluetooth at certain specific location by 30-40 candidates and not of leakage of paper; is per se illegal, arbitary and unreasonable and at the same time, is contrary to the law declared in the case of Tanvi Sarwal (supra).

Moreover, while distinguishing the case of Tanvi Sarwal (supra) from the case at hand, the Full Commission has put-forth a very strange and startling reason stating that the C.P.M.T. Examination conducted by Central Board of Secondary Education, which was subject matter of adjudication before the Hon�ble Supreme Court, was a case wherein the competitive examination was organised at National Level and thus, the area was extensive and pervasive whereas the examination involved in the case at hand in the recruitment process is limited to the State of Rajasthan and the examination was conducted in strict vigilance of administration and Police guard. Further, the stand of the respondents that all the beneficiaries of corrupt design have been identified by the SOG and have been debarred; is contrary to the findings arrived at by the investigation agency (SOG).

Mr. Vigyan Shah, learned counsel, while endorsing the arguments of Mr. Anoop Dhand, further added that the factum of transmission of the question paper through �whatsapp� application on mobile network, during the examination stands proved from the materials collected during the course of examination. Many candidates did benefit out of the corrupt design during the process of written examination and therefore, the entire examination is required to be quashed. Further, it is a case of paper leakage during the examination. Referring to FIR No. 243/2015, registered on 2nd August, 2015, learned counsel would submit that in accordance with the time table of the written examination for the post of Junior Accountant and RTA, involved herein, when the recovered devices which were intended for the illegal use, did prove operational for the sim No. 810784565, concealed in the vest when switched �ON� started functioning after 15-20 minutes and the questions read over from one end were being answered from the other end. The transaction aforesaid, during the examination, was informed to the cyber cell through the Superintendent of Police, Udaipur, where upon the technical experts traced out the call to Mobile No. 9649327345. Similar activity was also going on Cell Phone No. 998283469. The transactions were recorded to a Compact Disk (C.D.). Thus, the offence under Sections 3, 5 and 6 of the Act of 1992, are dearly made out. Moreover, invigilators were also found responsible for transmission of the question paper during the examination.

In response to the notice of the writ application, the State respondents and respondent-Commission have filed their counter-affidavits separately.

Mr. Amit Kuri, supporting the stand of the Full Commission in its meeting dated 25th February, 2016, contended that the averments made in the writ applications and arguments advanced on the basis of news items are 10 on the basis of hearsay evidence, which is not admissible in law, and therefore, cannot be taken cognizance of. According to the learned counsel, the petitioners have made a wrong/twisted statement as to the fact that the question papers of the examination involved were leaked and purchased by the gang of the arrested accused persons from the experts of the subjects.

It is further urged that the instant case at hand, at best, is a case of cheating and use of ufair means by few candidates, and therefore, the petitioners cannot claim for quashment of the entire examination. Moreover, the petitioners while submitting their applications for consideration of their candidature, agreed to the terms and conditions which were displayed on the Official Website on the respondent-Commission. The terms and conditions contained a stipulation that the candidates found to be guilty of use of unfair means would be proceeded with in accordance with the Rules framed by the Commission under the Act of 1992.

Learned counsel would further submit that the respondent commission while initiating the recruitment process involved wherein made all possible arrangements in order to conduct the recruitment process by a foolproof arrangement for smooth conduct of examination, on 22nd July, 2015, an Official Correspondence was addressed to the Chief Secretary, Government of Rajasthan, by the then Member and Acting Chairman of the 30 respondent-Commission that all the District Headquarters and the Intelligence Department be directed to ensure that prior to and during the examination, no person or gang, intending to create any hurdle in the examination may not succeed in its ill motives. In addition, vide communication dated 21st July, 2015 and 23rd/24th July, 2015, the Police Commissioners/ Superintendents and District Collectors were also informed to make arrangements to provide adequate police force at the Examination Centers, to ensure proper security at the Control Room created for examination and to ensure security of the vehicles used for transportation of papers and copies and to provide police assistance to the Flying Squads comprising of one RAS Officer, one RPS Officer and one District Education Officer. Furthermore, the Director General of Police, Rajasthan, was also called upon on 27th July, 2015 to make arrangements to check any untoward occurrence/incident of cheating by any person or gang. Vide Communication dated 28th July, 2015, the Additional Collectors of the Districts were requested to extend permission to the representive of innovative Company to install Jammers, at the examination certers to block transmission or reception of mobile singles. Therefore, the claim of petitioners is not sustainable and the writ applications deserve to be dismissed.

Mr. S.K. Gupta, learned Additional Advocate General, for the State-respondents, while supporting the stand of the respondent-Commission endorsed the decision arrived at by the Full Commission in its meeting convened on 25th February, 2016 and asserted that the Examination was conducted with all necessary precautions and any use of unfair means is to be dealt with in accordance with the provisions of Act of 1992.

The Deputy Superintendent of Police (SOG), Rajasthan, Jaipur, in the course of his investigation of FIR No. 6/2015, in his factual report dated 3rd November, 2015, has confirmed commission of crime/offence under Sections 420, 467, 466 468, 471 read with Section 120-B of IPC. However, the investigation is still pending even after filing of charge-sheet as contemplated under Section 173(8) of Cr.P.C.

Mr. R.N. Mathur, learned Sr. Counsel appearing for the intervenors (the candidates who are not suspected of involvement in the use of unfair means/paper leak) while supporting the stand of the State-respondent as well as respondent-Commission endorsed the argument that the instant incident is a case of use of unfair means which is to be dealt with in accordance with the provisions of Act of 1992 and Rules made there-under and in accordance of the instructions displayed on the website of the respondent-Commission. It is further contended that during the course of investigation, the guilty have been identified and 31 candidates have debarred. Thus, in the fact situation where all the persons involved in the use of unfair means have been identified, the effort should be to save the recruitment process.

Learned counsel would further submit that the criminal design of copying was unearthed before the recruitment process commenced, and therefore, the case is of an attempt of use of unfair means. Moreover, the respondent-Commission itself issued detailed guidelines and took preventive measures in advance as is evidenced by the steps taken and the communications addressed by the respondent-Commission to State authorities, placed on record as Annexure R/3/2 and R/3/3. Thus, necessary precautionary measures were adopted. Further, the bluetooth devices were apprehended and Jammers were installed as would be evident from the Communication dated R/3/5. Moreover, the persons involved in the illegal/corrupt design have been identified and arrested as is evident from the FIR lodged at Udaipur. Therefore, there remains no element of doubt that the instance case at hand is only a case of an attempt of use of unfair means.

Referring to FIR No. 401/2015 registered at Police Station, Udaipur on 2nd August, 2015, learned counsel would submit that the FIR was lodged by the invigilator and the persons who were involved in the offence of use of unfair means, were caught. As to the news paper articles enclosed with the writ applications, learned counsel submits that it is an attempt to create an adverse impression in the mind of the Court to draw an adverse inference without there being any factual foundation to sustain the alleged incident news reports. Moreover, the news reports referred to and relied upon by the petitioners have no relevance with the recruitment process involved herein.

The factum of filing of charge-sheet cannot be construed to be a proof. For the persons involved in the corrupt design who were in possession of sophisticated gadgets and electronic devices to facilitate use of unfair means, were intercepted in the night intervening 1st and 2nd August, 2015, therefore, the plan itself failed. Hence, the process requires elimination of the bad part of the transaction and save the recruitment process.

In an attempt to distinguish the case at hand from that of Tanvi Sarwal (supra), learned Sr. Counsel referred to para 6 of the judgment and argued that the findings arrived at by the Hon�ble Supreme Court were on the basis of facts noted from the status reports therein.

Referring to the investigation conducted from �Delhi Firm� as reflected from the charge-sheet, learned counsel would submit that even if number of the candidates who are beneficiaries of the corrupt design be indefinite, every examination conducted by human agency is likely to suffer from some shortcomings, therefore, the effort should be to save the recruitment process by eliminating the candidates who are found guilty of use of unfair means.

Learned counsel stressed that a large number of vacancies are involved in the recruitment process, and therefore, in the larger interest, the respondents deserve permission to proceed with the recruitment process with the rider that the candidates who might be ultimately found guilty, may be proceeded with in accordance with law.

I have heard the learned counsel for the parties and with their assistance perused the materials available on record as well as gave my anxious consideration to the rival submissions at Bar.

Taking note of the gravity of the allegations in the writ applications and the materials available on record, including the revelations in the First Information Reports, Mr. S.K. Gupta, learned Additional Advocate General for the State-respondents was directed to call for the progress report of the investigation conducted by SOG on 5th November, 2015. On 11th December, 2016, taking note of the report submitted by SOG on the investigation conducted, this Court allowed time to the counsel for the parties to obtain a copy of report and assist the Court.

On 21st January, 2016, learned Additional Advocate General, was directed to call for the case diary with the updated status of the investigation with a further direction to the SOG to collect information about registration of other FIRs on the same subject matter. Order dated 21st January, 2016, reads thus :

"Heard learned counsel for the parties.

An argument has been raised by the counsel appearing for the Rajasthan Public Service Commission in reference to the recent decision taken by the Full Commission. It is stated to be on a report submitted by the Special Operation Group (SOG).

An objection has been raised against the report of SOG which is, in fact, a letter written to the Addl. Advocate General. Looking to aforesaid and to be very precise and specific, learned Addl Advocate General is directed to call the case diary with update report of investigation and at the same time the petitioners would be at liberty to furnish details of other FIRs lodged in different parts of the State. The SOG would also get the information about registration of other FIRs for the same subject matter and produce the details of those FIRs on or before the next date of hearing.

List on 11.02.2016, Interim order to continue till next date."

Upon hearing the Deputy Superintendent of Police (SOG), who was present in person before the Court, he was directed to furnish a copy of the charge-sheet filed to the counsel for the RPSC, who may have the sense of the Public Service Commission as to the fairness of the examination and file an affidavit thereto. It will be relevant to consider the text of the order dated 11th February, 2016, which reads thus :

"Shri Vidhyadhar Singh Dudi, (Dy. S.P., SOG), Investigating Officer is present. He submits that according to his investigation, mass copying/cheating and fraud in the examination in question took place in different places like Gudamalani, District Barmer, Bhinmal, District Jalore, Chitala (Bilara), Jodhpur and Nirman Nagar, Jaipur wherefrom the gangs were operating and made mass communication of papers to different places through �Whats App� all over Rajasthan. About five FIRs have lodged in different places i.e. one at Rajsamand, two at Udaipur, one at Mansarovar and fifth FIR was lodged with the SOG, Jaipur. While the SOG is investigating the FIR which is lodged with it at Jaipur, the other Police Stations are undertaking their independent investigation.

Having regard to the facts aforesaid, it is directed that investigation of all other FIRs registered anywhere including above referring to five FIRs relating to this incident shall be endorsed to SOG so that a correct picture may emerge. The Investigating Officer submits that already 19 persons have been arrested and the charge-sheet has been filed against 14 of them and the investigation for other accused has been kept pending under Section 173(8) of the Code of Criminal Procedure.

Learned counsel for the petitioners have relied on the Judgment of Supreme Court in Tanvi Sarwal v. Central Board of Secondary Education & Ors., Writ Petition (Civil) No. 298/2015 decided on 15.6.2015 and submits that in similar circumstances where the result of the investigation was that only 44 candidates out of 6 lacs were found in indulging unfair means, yet the Supreme Court in order to ensure the fairness of process, cancelled the examination.

Having regard to the facts aforesaid, the Investigating Officer is directed to supply copy of the charge sheet already filed to Shri Amit Kuri, learned counsel for the RPSC, who may have the sense of the Public Service Commission as to fairness of the examination and file an affidavit in regard thereto.

A copy of this order be supplied to Shri Inderjeet Singh, learned Additional Advocate General for State and-Shri Amit Kuri, learned counsel for respondent-RPSC for compliance.

List the matters on 3.3.2016. Interim order to continue till then.

Application (6550/16) is disposed of."

On 11th March 2016, for the State Government was yet to receive report from Rajasthan Public Service Commission, the learned Additional Advocate General appearing for the State-respondents prayed for some time. Prayer was granted deferring the matter to 20th April, 2016.

Upon hearing the learned counsel for the parties and taking note of the allegations of corrupt design, question paper leakage and mass copying with the help of sophisticated electronic gadgets, concealed in the under garments as reflecting from the materials available on record; the Deputy Superintendent of Police (SOG), was directed to inform the Court of the pervasiveness and magnitude of the beneficiaries of the malpractice/paper leakage/mass copying during the course of examination involved herein. The relevant excerpts from information dated 11th May, 2016 furnished through the Additional Advocate General for the State-respondents, reads thus :

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GUDHAMALANI MORE SUSPECT

S. No.

Roll No.

Candidate

Group Name

A-Party

B-Party

Date of Call

Time of Call

Call Type

Dur

Location

1

428310

KAILASH CHAND S/O LADU RAM

GUDHAM ALANI

7229956927

7023622411

02/08/15

10:17:14 AM

CALL OUT

1800

Ram La Suthar, 44 Khariadi Wara, Kast Kala Marg, Udaipur

do

do

GUDHAM ALANI

7229956927

7023622411

02/08/15

15.04.13

CALL OUT

1800

Ram Lal Suthar, 44 Khariadi Wara, Kast Kala Marg, Udaipur

2

439372

NAWAL KISHORE MEENA S/O BHARAT LAL MEENA

GUDHAM ALANI

7023778553

7073697653

02/08/15

10:19:49 AM

CALL OUT

7178

Smt. Varju W/o Kanaya Lal, Kh. No. 845, New Shiv Nagar Colony, Sector No. 4, Udaipur

do

do

GUDHAM ALANI

7023778553

7073697553

02/08/15

03:05:01 PM

CALL OUT

3411

Smt. Varju Bai, W/o Sh. Kanaya Lal, Kh. No. 845, New Shiv Nagar, Colony Sector No. 4, Udaipur

3

431693

DINESH KUMAR S/O KISHAN RAM

GUDHAM ALANI

7073951142

7073950519

02/08/15

10:34:31 AM

CALL OUT

3794

Mrs. Shanta Devi Chugh, 416, Sector 4, Hiran Magri Udaipur

do

do

GUDHAM ALANI

7073951142

7073950519

02/08/15

03:07:30 PM

CALL OUT

3396

Mrs. Shanta Devi Chugh, 416, Hiran Magri, Udaipur

4

527261

RAM KISHAN S/O SAJAN RAM

GUDHAM ALANI

7073986628

7568440537

02/08/15

10:45:13 AM

CALL OUT

5683

Sunita Kumari Ahuja, 3/502, Malviya Nagrir, Jaipur

do

do

GUDHAM ALANI

7073986628

7568440537

02/08/15

03:04:08 PM

CALL OUT

4832

Sunita Kumari, Ahuja, 3/502 Malviya Nagar Jaipur

5

5434116

BHAGIRATHRAM S/O RAGHUNATHRAM

GUDHAM ALANI

7568129327

7568036932

02/08/15

10:18:49 AM

CALL OUT

1669

Shastri Nagar, Mukherji Colony, Jaipur

6

427467

MUKESH S/O JAGDISH

GUDHAM ALANI

7568471966

7568471997

02/08/15

11:15:37 AM

CALL OUT

2649

Mr. Naresh Lodha, Parshnath Builders, Shaibhadra Complex Udaipur

do

do

GUDHAM ALANI

7568471966

7568471997

02/08/15

03:04:16 PM

CALL OUT

1709

Mr. Naresh Lodha, Parshnath Builders, Shabhadra Complex Udaipur

7

440109

SOHAN LAL s/o GORKHA RAM

GUDHAM ALANI

7726944600

8094021772

02/08/15

10:23:14 AM

CALL OUT

6970

Manalam Build Developers Limited, Ashirvad Garden, Durga Nursery Road, Udaipur

do

do

GUDHAM ALANI

7726944600

8094021772

02/08/15

03:05:04 PM

CALL OUT

3469

Manglam Build Developers Limited, Ashirvad Garden, Durga Nursery Road, Udaipur

8

183618

MUKESH MANJU S/O JAGDISH RAM

GUDHAM ALANI

9784133444

8890119111

02/08/15

10:22:42 AM

CALL OUT

6991

Narsing Bhawan Trust, Lakhotiyan ChowK, Vishvakarma Gate, Near Maheshwari Bhawan, Bikaner

do

do

GUDHAM ALANI

9784133444

8890119111

02/08/15

03:05:52 PM

CALL OUT

6606

Narsing Bhawan Trust, Lakhotiyan Chowk, Vishva-karma Gate, Near Maheshwari Bhawan, Bikaner

9

180035

DINESH KUMAR S/O KALU RAM

GUDHAM ALANI

8239264310

9166822575

02/08/15

11:31:25 AM

CALL OUT

2872

Sh. Bihari Lal Vishnoi S/o Sh. Mani Ram, Opp. Babu Hotel, Transport Gali Ganga Sahar Road, Railway Station, Distt. Bikaner

do

do

GUDHAM ALANI

8239264310

9166822575

02/08/15

12:01:25 PM

CALL OUT

1072

Sh. Bihari Lal Vishnoi S/o Sh. Mani Ram, Opp. Babu Hotel, Transport Gali, Ganga Sahar Road, Railway Station, Distt. Bikaner

10

402180

MAHESH KUMAR S/O JAY KISHAN

GUDHAM ALANI

9166178532

9414128845

02/08/15

10:18:34 AM

CALL OUT

7297

C/o Sh. Meena Chanchalani, W/o Sh. Ashok Chanchalani, Brahmapuri, Abu Road, Distt. Sirohi

11

35606

RAJIV VISHNOI S/O BHAGWANA RAM VISHNOI

GUDHAM ALANI

9521010372

9521010682

02/08/15

10:21:17 AM

CALL OUT

1638

Sh. Hansrai S/o Sh. Sona Gandhi, M/s. Rajendra Phase, Ambedkar Nagar, Jalore- 343001

12

561121

UMESH KUMAR JORWAL S/O MOHAR SINGH MEENA

GUDHAM ALANI

9521016597

7073925289

02/08/15

10:18:27 AM

CALL OUT

2244

Sh. Kishan Murari S/O Sh. Prahlad Singh and Smt. Kamlesh Soni W/o Sh. Kishar Murai, Plot No. d22, Nehru Nagar, Near Police Line Jaipur

do

do

GUDHAM ALANI

9521016597

7073925289

02/08/15

11:06:53 AM

CALL OUT

3019

Sh. Kishan Murari S/o Sh. Prahlad Singh and Smt. Kamlesh Soni Sh. Kishan Murari, Plot No. d22, Nehru Nagar, Near Police Line, Jaipur

13

189295

PRAKASH S/O BUDHARAM

GUDHAM ALANI

9521689248

9521544551

02/08/15

10:27:00 AM

CALL OUT

6794

Smt. Suraj Kanwar, W/o Late Captain Narayan Singh Ghandel, Sabal Sadan Club Rd., Bikaner

do

do

GUDHAM ALANI

9521689248

9521544551

02/08/15

03:05:22 PM

CALL OUT

7257

Smt. Suraj Kanwar, W/o Late Captain Narayan Singh Ghandel Sabal Sadan Club Rd., Bikaner

14

192209

JAGDISH KUMAR S/O HAPA RAM

GUDHAM ALANI

9602629668

9602028259

02/08/15

10:17:00 AM

CALL OUT

4719

Sh. Vinod Kumar Kamani, C/o Rajkumar Kamani, Mr. Chopra School, New Line, Ward No. 20, Gangshahar, Bikaner

do

do

GUDHAM ALANI

9602629668

9602028259

02/08/15

03:03:30 PM

CALL OUT

7216

Sh. Vinod Kumar Kamani, C/o Rajkumar Kamani, Mr. Chopra School, New Line, Ward No. 20, Gangshahar, Bikaner

15

542429

NORTAN GEELA S/O MEVA RAM

GUDHAM ALANI

9680150973

7726908854

02/08/15

10:17:08 AM

CALL OUT

2139

Sh. Navaratan Saini S/o Sh. Chhotu Ram Saini, Plot No. 31, Anchal Vihar. Nandkishorepura, Manyawas TH. Sanganer Distt, Jaipur

do

do

GUDHAM ALANI

9680150973

7726908854

02/08/15

03:29:27 PM

CALL OUT

2744

Sh. Navaratan Saini S/o Sh. Chhotu Ram Saini, Plot No. 31, Anchal Vihar, Nandkishorepura, Manvawas, Sanganer, Distt. Jaipur

16

435477

SHARVAN KUMAR VISHNO S/O RAGHUNATH RAM

GUDHAM ALANI

96809026

80946436

02/08/15

10:36:48 AM

CALL OUT

3886

Saraswati Marg Udaipur

do

do

GUDHAM ALANI

9680902626

8094643692

02/08/15

11:42:09 AM

CALL OUT

2228

Saraswati Marg, Udaipur

do

do

GUDHAM ALANI

9680902626

8094643692

02/08/15

03:04:25 PM

CALL OUT

4250

Azad Nagar Udaipur

17

266652

PRAKASH KUMAR S/O RAM CHANDRA

GUDHAM ALANI

9784311252

9784814116

02/08/15

10:19:36 AM

CALL OUT

7172

Smt. Devki Devi W/o Sh. Jeth Mal Bhati, M. No. 516, Mainpura Mohalla, Kachi Basti, Jaisalmer

do

do

GUDHAM ALANI

9784311252

9784814116

02/08/15

03:38:11 PM

CALL OUT

1383

Smt. Devki Devi W/o Sh. Jeth Mai Bhati, M. No. 516, Mainpura Mohalla, Kachi Basti, Jaisalmer

18

155728

SANTOSH KUMAR S/O KALU RAM

GUDHAM ALANI

9680313292

7023964757

02/08/15

10:32:08 AM

CALL OUT

5948

Mr. Ram Lal Mehata, Behind High School, Rly. Colony, Barmer

19

360204

BAMWAR KUMAR S/O BIRDA RAM

GUDHAM ALANI

9509931449

9772995763

02/08/15

11:15:57 AM

CALL OUT

4406

Devilal Ghanchi, Near Petrol Pump and Sainik Vishram Grah, Pali-Sojat Road, Pali

20

370520

SUNIL KUMAR S/O SAHI RAM

GUDHAM ALANI

9784758592

9521065412

02/08/15

10:20:43 AM

CALL OUT

3819

Nahar Singh S/O Jeevan Lal, Nai Abadi, Near Govt. Girls School, Near Mukherjee ChowK, Kankroli, Rajsmand

21

430162

DEVENDRA S/O HARI RAM

GUDHAM ALANI

7568625481

9950841869

02/08/15

10:19:19 AM

CALL OUT

7207

Vijay Jain, SDO 4th BSNL Tower, RIICO Ind. Area, Sukher Nagar, Udaipur, Contact No. 09414001768

do

do

GUDHAM ALANI

7568625481

9950841869

02/08/15

03:04:18 PM

CALL OUT

3652

22

183699

MOHAN LAL S/O JAGRAM

GUDHAM ALANI

9680181377

8696691912

02/08/15

03:15:39 PM

CALL OUT

2472

JAIN LAW COLLEGE, BIKANER

23

358918

BHAJAN LAL S/O RAYCHAND RAM

GUDHAM ALANI

8094679297

8290681838

02/08/15

10:18:01 AM

CALL OUT

1867

Devilal Ghanchi, Near Petrol Pump and Sainik Vishram Grah, pali sojat road, pali

do

do

GUDHAM ALANI

8094679297

8290681838

02/08/15

03:04:48 PM

CALL OUT

7201

Devilal Ghanchi, Near Petrol Pump and Sainik Vishram Grah Pali-Sojat Road, Pali

24

433752

RAM KISHAN S/O KOJA RAM

GUDHAM ALANI

8875976542

7023943739

02/08/15

10:55:59 AM

CALL OUT

1800

Rbsc. 9-c, Madhuban, Udaipur

do

do

GUDHAM ALANI

8875976542

7023943739

02/08/15

03:34:47 PM

CALL OUT

1586

Rbsc, 9-c. Madhuban, Udaipur

25

184574

DHOLA RAM S/O GANESHA RAM

BILARA

7726975609

7023890929

02/08/15

11:21:56 AM

06/08/15

3825

Narsing Bhawan Trust, Lakhotiyam Chowk, Vishavkarma Gate, Near Maheshwari Bhawan, Bikaner

26

436657

KHETA RAM S/O SANWTA RAM

BILARA

7726930019

7073643277

02/08/15

11:19:40 AM

07/08/15

1515

M/s Royal construction through Sh. Diresh Kothari, Royal Shopping Centre Gurudwara Road, Near Delhi Gate, Udaipur

27

170197

PUNMA RAM

BILARA

9649596029

8696440037

08/02/15

11:16:06 AM

08/08/15

1800

Near Universal Bodyline Gym.A-3, Subhash Nagar, Bhilwara

do

BILARA

BILARA

9649596029

8696440037

02/08/15

08/02/15

11:46:06 AM

1800

Near Universal Bodyline Gym. A-3, Subash Nagar, Bhilwara

28

296031

SARITA BENIWAL D/O BHAJYA RAM

BILARA

7742524477

8769814293

02/08/15

11:15:58 AM

03/08/15

2921

Mr. Gayur Kurashi 58, Sakena Colony, Behind Geeta Bhawan, Jodhpur, Ph. 9460218047

do

BILARA

BILARA

7742524477

8769814393

02/08/15

12:05:12 PM

03/08/15

1207

Mr, Gayur Kurashi, 58, Sakena Colony Benind Geeta Bhawan, Jodhpur, Ph. 9450218047

29

181779

SOHAN LAL S/O ROOPA RAM

BILARA

9602587207

9602792254

02/08/15

11:16:15 AM

03/08/15

4146

Sh. Bhairav Ratan S/o Late Sh. Raman Lal Sikkan Mohalla Joshi ward Bikaner

30

175129

KALU RAM S/O BHIYA RAM

BILARA

9414869329

9784033883

02/08/15

11:17:03 AM

03/08/15

4094

Mahila Ashram Nehru Road Bhilwara

31

544454

NAREND RA S/O SHEORAM

BILARA

SHARDA VIDYA NEKETAN JAIPUR

32- eqdnek uacj 188@15 Fkkuk dkadjksyh] jktleUn esa ijh{kk ds nkSjku idM+s x;s eqfYte ''kSrkukjke iq= Jh jkeykr tkfr fo''uksbZ fuoklh Nrjksa dh <+k.kh] xkWao iqj] Fkkuk lkapkSj] ftyk ukxkSj

33- eqdnek uacj 188@15 Fkkuk dkadjksyh] jktleUn esa ijh{kk ds nkSjku idM+s x;s eqfYte lquhy dqekj iq= Jh lghjke tkfr fo''uksbZ fuoklh iquklk] Hkhueky] ftyk tkykSj

34- eqdnek uacj 401@15 Fkkuk fgj.kexjh] mn;iqj esa ijh{kk ds nkSjku idM+s x;s eqfYte ijh{kkFkhZ [ksrkjke iq= Jh lkaorjke] fuoklh f''kokf.k;ksa dh <+k.kh] Fkkuk yw.kh] ftyk tks/kiqj

35- eqdnek uacj 403@15 Fkkuk ekuljksoj] t;iqj esa ijh{kk ds nkSjku idM+s x;s eqfYte ijh{kkFkhZ lqjs''k fo''uksbZ] iq= gjhjke fo''uksbZ] fuoklh iqj] Fkkuk lkapkSj] ftyk tkykSj

36- eqdnek uacj 243@16 Fkkuk xksxqUnk] mn;iqj esa ijh{kk ds nkSjku idM+s x;s eqfYte ijh{kkFkhZ HkkxhjFk fo''uksbZ] iq= eksgujke fo''uksbZ] fuoklh HkkVhi] Fkkuk djMk] ftyk tkykSj

37 SOHAN LAL S/O HARCHAND VISHNOI, R/O SANKAD, ftlus ijh{kk ugha nh] ijUrq laxfBr fxjksg esa lfEefyr gSA UDAIPUR

uksV& Hkhueky ekWM~;wy dk fo''ys"k.k tkjh gSA

GUDHAMALANI MORE SUSPECT

S. No.

Group Name

A-Party

B-Party

Date of Call

First Paper

Duration

Second Paper

Duration

Location

Closed on

1

GUDHAM ALANI

7073929934

7073930174

02/08/15

10:18:59 AM

5705

03:06:15 PM

3301

PRASHANT NO. 6437/4923, BEHIND STADIUM, AHORE ROAD JALORE PHONE 9414150932

02/08/15

2

GUDHAM ALANI

9649789663

7229809129

02/08/15

10:28:48 AM

1800

03:03:02 PM

1800

PALI

02/08/15

3

SUDHAN ALANI

7568278765

7891385291

02/08/15

10:36:44 AM

3512

Nirmla Devi W/o Shiv No. 22, Manohari Palace, Green Park, Dadi ka Phatak, Jaipur

Continue 10/08/2015

4

GSUDHAN ALANI

7568405361

9636148739

02/08/15

10:26:36 AM

2956

03:03:22 PM

4888

Sh. Arjun Das, Jangir S/o Lt. Sh. Kesari Mal Jangir M/s. Jangir Brothers, Mal Godam Road, Barmer

02/08/15

5

GUDHAM ALANI

7568459442

3560977814

02/08/15

11:54:58 AM

1497

21-22, Panch Sail Circle, Sadulganj, Bikaner

Continue 10/08/2015

6

GUDHAM ALANI

7568544829

7023554829

02/08/15

03:16:02 PM

1416

4a 89 Jnv Colony, Bikaner

10/08/15

GUDHAM ALANI

7568659856

9982564329

02/08/15

10:22:33 AM

7013

03:10:28 PM

3051

Mahaveer Bhawan, Delhi Gate, Udaipur

02/08/15

8

GUDHAK ALANI

7727863590

7727903590

02/08/15

10:18:35 AM

7296

03:04:39 PM

4837

Sh. Sukha Ram S/o Sh. Harnath, Kh. No. 85, Lalarpura, Hamath Nagar A, Gandhi Path Paschim, Jaipur

02/08/15

9

GUDHAM ALANI

9772782029

7742379579

02/08/15

10:17:42 AM

1800

03:15:24 PM

1800

Sh. Prem Narayan Sharma S/o Lt. Sh. Bhanwar Lal, Plot No. 72, Ashok Marg Ana Sagar Road, Ajmer

03/08/15

10

GUDHAM ALANI

7742837566

7742834990

02/08/15

11:33:43 AM

1591

Sh. Gopa Ram Patel S/o Lt. Seva, Plot No. 250, 251, Shapua Nagar, Near Jyoti Vidya Mandir, Behind Khodlya Balaji, Pali

02/08/15

11

GUDHAM ALANI

8003343191

9001378167

02/08/15

10:18:54 AM

7243

Sh. Pradeep Dhukiya S/o Sh. Dayal Ram Dukiya, Plot No. 130, 131, PHED Colony, Out Side Ajmeri Gate, Nagaur

02/08/15

12

GUDHAM ALANI

9783189470

809473327

02/08/15

10:19:30 AM

1800

03:10:49 PM

BARMAR

02/08/15

13

GUDHAM ALANI

9649327345

8107845658

02/08/15

11:55:19 AM

1800

15.05.14

1800

M/s. Royal Construction Through Sh. Dinesh Kothari, Royal Shopping Centre Gurudwar Delhi Gate, Udaipur

02/08/15

14

GUDHAM ALANI

7230836263

8239606659

02/08/15

10:18:54 AM

1800

SEWASHRAM ROAD UDAIPUR

15

GUDHAM ALANI

8696692193

8696691917

02/08/15

10:55:27 AM

1458

03:32:41 PM

1714

MAL GODAM ROAD, BARMER

02/08/15

16

GUDHAM ALANI

8875201526

8875160941

02/08/15

11:26:03 AM

1800

03:04:47 PM

1800

SMT. MANJU W/o Sh. Mahender Singh, 57 Mission Compound, Circular Road, Ajmer, Ph. No. 9414355818, 01452629005, (Idea Sharing)

02/08/15

17

GUDHAM ALANI

9001233421

9587767838

02/08/15

10:18:29 AM

4554

03:04:21 PM

6946

SARDAR PATEL NAGAR JODHPUR ROAD, PALI

02/08/15

18

GUDHAM ALANI

9414295029

9001687129

02/08/15

10:17:36 AM

4768

Opp. Sanjari Restaurant, Jodhpur Road, Pali

02/08/15

19

GUDHAM ALANI

7023310620

9166394171

02/08/15

10:22:22 AM

7098

03:11:02 PM

2470

Smt. Abha Devi W/o Sh. Ram Avtar Sharma, Plot No. 217, Laxmi Nagar, Niwaru Road, Jothwara, Jaipur

02/08/15

20

GUDHAM ALANI

8696526925

9521017519

02/08/15

10:24:20 AM

1800

03:06:40 PM

1443

Sh. Arjun Das Jangir S/o Lt. Shri Kesari Mal Jangir, M/s. Jangir Brothers, Mal Godam Road, Barmer

09/08/15

21

GUDHAM ALANI

9521230104

9521230103

02/08/15

10:21:49 AM

7062

176, Shanti Nagar/ Paras Nagar, Sumerpur Road, Pali

02/08/15

22

GUDHAM ALANI

9521546479

9001378167

02/08/15

03:43:32 PM

2505

Sh. Pradeep Dukiya S/o Sh. Dayal Ram Dukiya, Plot No. 130, 131, PHED Colony, Out Side Ajmeri Gate, Nagaur, 341026

02/08/15

23

GUDHAM ALANI

9521546602

9521546603

02/08/15

10:18:30 AM

7301

03:05:12 PM

3373

Mid Town Business Centre, Linking Road, 2A, Udaipole, Near Bus Stand, Udaipur

02/08/15

24

GUDHAM ALANI

9982515766

9829140308

02/08/15

10:17:12 AM

1800

03:04:58 PM

1523

Mr. C.P. LODHA, 108 VEER DURGA DAS NAGAR, INFRONT OF LODHA SCHOOL, NEAR ALLAHABAD BANK, PALI, PH-9414120766

02/08/15

25

GUDHAM ALANI

7023573548

8952890602

02/08/15

10:30:07 AM

4209

Smt. Maya Rani W/o R.S. Chouhan, 32/135, Swam Path, Shiprapath Mansarovar, Jaipur

04/08/15

26

GUDHAM ALANI

9782238274

9602579523

02/08/15

11:59:26 AM

1184

Mrs. Shanta Devi Chug, 416, Sector 4, Hiran Magri, Udaipur

02/08/15

27

GUDHAM ALANI

9602891992

8875810088

02/08/15

10:19:30 AM

7196

BAZARWA DA, NAGOUR

Continue 09/08/2015

28

GUDHAM ALANI

8875748131

9828670803

02/08/15

10:17:30 AM

1800

BHINMAL ROAD JALORE

02/08/15

29

GUDHAM ALANI

9521546479

7073925637

02/08/15

10:37:58 AM

3079

Bhawani Shankar Colony, Benar Road, Jaipur

02/08/15

30

GUDHAM ALANI

9610720533

8696691912

02/08/15

10:32:38 AM

1800

JNV, MAIN ROAD, BIKANER

02/08/15

31

BILARA

9928152366

7727867875

02/08/15

01:17:24 PM

4073

Sh. Mahendra Singh S/o Sh. Jagmal Singh Rathore, Plot No. Laxmi Vihar Colony, Behind Shiv Mandir, Varndavan Marg, Sagar Road, Bikaner

02/08/15

From a glance of the information furnished by the SOG as extracted herein above, it is more than clear that the strategy of criminal 40 design of providing answer key during the course of examination was executed by an organised gang on the mobile network spreading over different parts of the entire State of Rajasthan. Schedule A and B annexed to the factual status report of investigation conducted so far, specifically details out the name of the candidate, Group Name, points of transmission and 45 receipt of the questions and answer key on the mobile network, duration of calls and location of the candidate writing the examination. The Governmental Enforcement Agency (SOG) further disclosed that the investigation is being carried out utmost zeal and is in full swing with the aid and help of a technical team.

The Investigation Officer stated the number of beneficiaries of the criminal design/mal-practise is indefinite and many more might be a part of the conspiracy than those who have already been identified by now. Till date 47 accused persons have been arrested and 35 have been charge-sheeted out of 60 culprits detected so far. The SOG could not put-forth any specific time schedule by which the ongoing investigation would be completed to identify all those involved in the crime.

Shri Vidhyadhar Singh Dudi, Deputy Superintendent of Police, (SOG), frankly and fairly admitted that it may not be possible to identify each and every guilty participating candidate, who had been a beneficiary of the criminal design.

From the contents of the factual report dated 3rd November, 2014, 30th May, 2016 and charge-sheet filed; it is clearly revealed that the written examination involved herein has been subjected to conspiracy and criminal design of paper leakage as well as mass copying by use of unfair means with the help and aid of sophisticated electronic devices concealed in the under garments of the participating candidates.

During the process of examination involved herein, the participating candidates by use of unfair means and mal-practise with the aid and help of sophisticated electronic gadgets and devices were facilitated with the answer-key. On the basis of material collected during the course of investigation, offence under Sections 3, 4, 5, 6 and 6A under the Act of 1992, are clearly made out in the transaction of criminal design complained of. The factum of transmission of question paper through �whats app� application on mobile network, during the examination, is apparent on the face of record from the materials collected during the course of investigation.

FIR No. 243/2015, registered on 2nd August, 2015, reveals that the recovered devices, which were intended for illegal use in the examination involved herein, did prove operational for sim No. 810784565, concealed in the vest, when switched �ON� started functioning after 15-20 minutes during the process of examination as the questions read over from one end were being answered from the other end on the mobile network. This fact was informed to the cyber cell where upon the technical experts traced out the call to Mobile No. 9649327345. Similar transaction was also witnessed at about 3.00 O�Clock from the same cell number so also on Cell Phone No. 998283469. Some of the invigilators were also found responsible for transmission of question papers during the examination as has surfaced from the investigation. The status report as to investigation in FIR No. 6/2015, dated 3rd November, 2015, in no uncertain terms indicates commission of crime for offence under Sections 420, 467, 466, 468, 471 read with Section 120-B of IPC and Sections 3, 4, 5, 6 and 6A of the Act of 1992. The criminal design and malpractice was in fact executed through �whatsapp� application on mobile network with the help of Blue-tooth kit fitted in the undergarments and this fact has been admitted by the accused persons who have been arrested so far. At this juncture, it will be significant to consider the relevant excerpts of the factual report dated 3rd November, 2015, which reads thus :

vfHk;qDrksa us iwNrkN esa crk;k fd bl fxjksg dk ljxuk vkseizdk''k <+kdk fuoklh iqj Fkkuk lkapkSj ftyk tkykSj gS] vkseizdk''k us gh ijh{kk esa udy djokus ds fy, iz''u gy djus gsrq o vU; O;oLFkkvksa ds fy, lHkh vfHk;qDrksa dks ,df=r fd;k Fkk fo"k;okj iz''uksa ds tokc rS;kj djus ds fy, bu fo"k; fo''ks"kKksa dks cqyk;k x;k FkkA izR;sd fo"k; ds 20&25 iz''u gy djus ij 20&25 gtkj :i;s dh jkf''k fn;k tkuk r; gqvk FkkA izR;sd ijh{kkFkhZ ds vuq:i ,d&,d eksckbZy Qksu ,d dSje cksMZ ij tek dj j[ks x,] ftuls udy djokbZ tkuh FkhA ijh{kk ''kq: gksrs gh dqN le; ckn vkseizdk''k ds Qksu ij okV~l vi ds tfj;s iz''u i= izkIr gqvk] ftldks ySiVkWi ij ysdj fizUVj ls fizUV vkmV rS;kj dj fo"k; fo''ks"kKksas dks gy djus ds fy, fn;k x;kA iz''uksa ds mRrj lHkh eksckbZy Qksuksa dks pkyw dj rst vkokt esa cksy dj eksckbZy Qksu ds tfj;s lEcfU/kr ijh{kk dsUnzksa ij cSBs dkQh la[;k esa ijh{kkfFkZ;ksa dks CywVqFk ds }kjk crk;s x;sA

izdj.k esa okafNr vfHk;qDr txnh''k T;k.kh dks fxjQ~rkjh dj vuqla/kku fd;k x;kA nkSjkus vuqla/kku vfHk;qDr txnh''k T;k.kh dh lwpuk ij fnukad 03-10-2015 dks vfrfjDr iqfyl v/kh{kd jktu nq";ar ds usr`Ro esa iqfyl mi v/kh{kd fo|k/kj MwMh lfgr ,l0vks0th0 dh Vhe fnYyh fLFkr dEiuh LFkkbZ bf.M;k izkbZosV fy0 lh&40 ;qlqQ ljk;] xsV ua0 03] xzhu ikdZ ubZ fnYyh igqaphA Vhe us ogkWa igqap dj dEiuh ds funsZ''kdksa ls iwNrkN dh o ,d Q~ySVj esa py jgs dk;kZy; dh ryk''kh ysus ij udy djokus ds fy, fofHkUu izdkj ds fdV ds fuekZ.k dsUnz dk [kqyklk gqvkA dk;kZy; ds fZofHkUu dejksa esa udy djokus gsrq fofHkUu fdVksa dk fuekZ.k fo''ks"k rduhf''k;uksa }kjk fd;k tk jgk FkkA ryk''kh esa udy djokus gsrq fo''ks"k midj.k yxh tkWdh cfu;ku ds 300 fdV] blh rjg ds fdV ls rS;kj 100 ''kVZ] efgyk vH;fFkZ;ksa dks udy djokus ds fy, vUr% oL=ksa esa CywVqFk yxs 35 fdV] okbZfjax fQV dh gqbZ tkWdh dh 50 cfu;ku] lSadM+ksa d rknkn esa CywVqFk bZ;j ihl] LikbZ fofM;ks dSejs] udy ds fy, fo''ks"k :i ls rS;kj eksckbZy gkMZos;j fdV] ''kkSYMfjax e''khusa o dbZ vU; midj.k feys] ftUgsa tCr fd;k x;kA bl dk;kZy; dks ,d QSDV~h ds :i esa pyk;k tk jgk FkkA tgka bl fxjksg }kjk Hkkjh ek=k esa bl rjg ds midj.kksa dk fu;fer :i ls mRiknu fd;k tk jgk FkkA mRiknu ds fy, [kjhnh xbZ lkexzh ds Hkh dksbZ fcy dEiuh ds ikl ugha feysA iwNrkN esa ;g Hkh lkeus vk;k fd ;s midj.k jk"V~h; Lrj ns''k ds leLr jkT;ksa esa ijh{kkfFkZ;ksa dks udy djokus ds fy, csps tk jgs FksA dk;Zokgh ds nkSjku gh dbZ vH;FkhZ fofHkUu jkT;ksa ls blh mn~ns''; ls ogka igqaps Fks fd ftUgsa i`Fkd ls iwNrkN ds fy, ogka ekStwn fnYyh iqfyl ds vf/kdkfj;ksa dks lqiqnZ fd;k x;kA dEiuh ds funs''kdksa us iwNrkN esa crk;k fd os o"kZ 2011 ls bl dk;Z fyIr gSa o vc rd gtkjksa dh ek=k easa bl izdkj ds udy gsrq midj.kksa dks csp pqds gSaA mUgksaus ;g Hkh crk;k fd fofHkUu ijh{kkvksa dh fnukad ls dqN fnuksa iwoZ ls gh ns''k ds leLr izkUrksa ls ijh{kkFkhZ bu fdVksa dks [kjhnus ds fy, vkrs jgrs gSaA ekSds ij feys leLr midj.kksa dks tCr dj ekSds ij dEiuh ds funs''kd o:.k oekZ iq= Jh VksMjey oekZ] mez 30 lky] tkfr xqtZj fu0 310&lh Nqfj;ka eksgYyk] rsg[k.M xkao] ubZ fnYyh&20 o lukuan ljkst iq= Jh jkekJ;] mez 30 lky tkfr [ksrhgj ljkst fu0 Mh&50 ,Ecslh] pk.kD;iqjh] ubZ fnYyh&16 dks ekSds ls fxjQ~rkj fd;k x;k gSA

izdj.k esa fxjQ~rkj ''kqnk lat; dqekj iq= ekaxhyky fu0 gsekxqM+k ls tCr''kqnk fle ua0 9929294585 lksguyky iq= gjpan fu0nkjksa dh <+kf.k;kWa lkapkSj ftyk tkykSj ds uke ls gSA blh izdkj esa fxjQ~rkj''kqnk vkjksih eksguyky xksnkjk ls cjken''kqnk fle ua0 9950811479 o 7033518610 dze''k% fnyhi vkpk;Z iq= Lo.kZ vkpk;Z fu0 34@99 fo''odekZ dkyksuh tks/kiqj ''kgj ds uke ls o izdk''k fo''uksbZ iq= gLojke tkysyh ds uke ls gSa rFkk izdj.k esa fxjQ~rkj''kqnk vfHk;qDr lksguyky iq= gjpan ls tCr''kqnk fle ua0 8696721494 lqHkk"k ekrkth dk Fkkoyk nsoyh Vksad ds uke ls tkjh gSA blh izdkj izdj.k esa vkjksih egs''k iq= ukFkwjke fu0 lkapkSj ls tCr''kqnk fle ua0 185 rkfM;ky dh <+k.kh lkapkSj ds uke ls gSA bu vkjksfir O;fDr;ksa }kjk vkijkf/kd "kM~;a= jpdj vijk/k ls fNius@cpus ds fy, vU; yksxksa ds uke QthZ nLrkostksa dks rS;kj dj vly ds :i esa iz;ksx dj muls fle izkIr dj jkt0 yksd lsok vk;ksx vtesj dfu"B ys[kkdkj izfr;ksxh ijh{kk esa udy djus o djkus ds mi;ksx esa yh gSaA bl izdkj izdj.k esa eqyfteku }kjk dwVjfpr nLrkostksa "kM~;a= ds rgr jktLFkku yksd lsok vk;ksx }kjk fnukad 02-08-2015 dks vk;ksftr dfu"B ys[kkdkj ,oa rglhy jktLo ys[kkdkj dh fyf[kr ijh{kk esa lewps jktLFkku ds vH;fFkZ;ksa ls bl fxjksg ds lnL;ksa us eksVh jkf''k olwy dh gSA

On a conjoint reading of the factual report dated 3rd November, 2015 (Annexure-AR/1) and 3rd May, 2016 as well as charge-sheet filed against the accused persons arrested, it is more that evident that the examination in the recruitment process conducted on 2nd August, 2016 in fact has been exposed to deep and crafty conspiracy by the Syndicate/gang of persons who facilitated access to answer-key to the participating candidates during 2 the examination of the recruitment process. The accused persons arrested have also admitted that they have been operating throughout the country with the same modus operandi for menetary consideration.

The fact that the respondent-Commission itself cancelled the pre-examination-2013 for Rajasthan Administrative Services (RAS),. is also not 2 disputed. Similar course was adopted while cancelling the examination of Lower Division Clerks, applying the principles enunciated by the Apex Court of the land in the case of Tanvi Sarwal (supra).

The impugned decision arrived by the Full Commission in its meeting convened on 25th February, 2016, to sustain the recruitment process 3 for the examination conducted by the CBSE for CPMT in the case of Tanvi Sarwal (supra), was an examination at National Level whereas in the case at hand the examination was restricted only to the State of Rajasthan. Furthermore, the examination was conducted in strict vigilance of the District Administration with the aid of police force. Therefore, the pervasiveness of the 3 criminal design is not of that magnitude as was in the case of Tanvi Sarwal (supra). The reasoning of the respondent-Commission as aforesaid, is not only strange but absurd and prepostorous. So also the reason put-forth that the beneficiaries of the criminal design and conspiracy are only 30 to 40, who have been identified and debarred, is contrary to the materials available on record as reflected from the factual reports dated 3rd November, 2015 and 30th May, 2016 as well as in view of the contents of the charge-sheet filed against the accused persons already arrested.

The Investigation Officer of SOG frankly and fairly admitted that it was not possible to definitely state the exact number of the beneficiaries of the criminal design and conspiracy involved in the matter. The Investigating Officer also pointed out that the number of beneficiaries of illegal use of sophisticated devices, during the course of examination, could be much more than those who have already been identified by now.

Debarring of 31 candidates identified, who are stated to be beneficiaries of the criminal design and conspiracy, cannot be a solution and justification to sustain the decision arrived at by the Full Commission in its meeting convened on 25th February, 2016. Allowing the respondents to proceed further with the recruitment process would not only plague the ultimate (deserving) unsuccessful candidates with anguish and anger as well as suspicion of fairness and transprancy of the recruitment process to public service. Furthermore, the possibility of unidentified beneficaries participating candidates stealling a march over the deserving ones cannot be ruled out for the under-hand scam that has surfaced during the investigation by now. Thus, substaining the recruitment process of the nature aforesaid; would result into frustration of deserving and genuine candidates with ever suspicion in their mind as to the genuineness and correct evaluation of their candidature in such a recruitment process.

Moreover, the respondent-Commission has itself debarred the candidates after having arrived at the conclusion that they were guilty of use of unfair means through sophisticated electronic gadgets as would be evident from the order dated 2nd March, 2016. Therefore, the stand of the respondents that the examination was conducted with all precautionary measures and the case at hand was only a case of an attempt, is contrary to the materials available on record.

In somewhat similar factual matrix and circumstances, the Hon�ble Supreme Court in the case of Tanvi Sarwal (supra), held thus :

"14.19 Till date 44 candidates have been found to be confirmed beneficiaries in the scheme who have been supplied with answer keys during the examination through electronic devices installed in their vests. 14.20 Out of 358 suspected mobile numbers of the beneficiaries, 44 have been found to be registered on fake identities, 166 are registered on genuine basis and verification with regard to the remaining 148 mobile numbers is under process. The names and details of these 45 beneficiaries have been furnished in the status report dated 01.06.2015.

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 organised 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 earlies. 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.

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.

As has been noticed herein above, the disclosures in the investigation suggest that the benefit of answer key has been availed by several candidates taking the examination, by illegal means. Though as on dated, 44 such candidates have been identified, having regard to the modus operandi put in place, the numbers of cell phones and other devices used, it is not unlikely that many more candidates have availed such undue advantage, being a part of the overall design and in the process have been unduly benefited qua the other students who had made sincere and genuine endeavours to solve the answer paper on the basis of their devoted preparation and hard labour. In view of the widespread network, that has operated, as the status reports disclose and the admission of the persons arrested including some beneficiary candidates, we are of the opinion, in view of the strong possibilities of identification of other candidates as well involved in such mal-practices, that the examination has become a suspect. As it is, the system of examination pursued over the decades, has been accepted by all who are rationale, responsible and sensible, to be an accredited one, for comparative evaluation of the merit and worth of candidates vying for higher academic pursuits. 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 student fraternity in particular in the system by its unquestionable trustworthiness. Such a system is endorsed because of its credibility informed with guarantee of fairness, transparency authenticity and sanctity. There cannot be any compromise with these imperatives at any cost.

Segregation only of the already 44 identified candidates stated to be the beneficiaries of the unprincipled manoeuvre by withholding their a 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 a with the prolonged 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.

As would be available from the status reports, out of 123 solved answers of a particular code and retrieved from the mobile set of one of the persons arrested i.e. Dr. Bhupender, 102 answers were found correct on a comparison with the answer key provided by the CBSE. As referred to herein above, 358 mobile numbers had been pressed into service and at least 300 vests fitted with electronic devices have been used. Having regard to the uncompromising essentiality of a blemishless process of examination involving public participation, we have no alternative but to hold that the examination involved, suffers from an infraction of its expected requirement of authenticity and credence. We are conscious of the fact that every examination being conducted by a human agency is likely to suffer from some shortcomings, but deliberate inroads into its framework of the magnitude and the nature, as exhibited, in the present case, demonstrate a deep seated and pervasive impact, which ought not to 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. If such an examination is saved, merit would be a casualty generating a sense of frustration in the genuine students, with aversion to the concept of examination. The possibility of leaning towards unfair means may also be the ultimate fall out. Even if, one undeserving candidate, a beneficiary of such illegal machination, though undetected is retained in the process it would be in denial of, the claim of more deserving candidates. At the present, the examination stands denuded of its sanctity as it not possible to be cleansed of all the participating beneficiary candidates with certainty. We are thus, on an overall assessment of the materials on record, left unpersuaded to sustain the examination. We must observe that till this stage of the investigation, no conscious lapse or omission on the part of the Board, contributing to the otherwise appalling mischief has surfaced."

From the materials available on record collected during the course of investigating, status reports filed as well as charge-sheet submitted against the accused persons arrested so far; there remains no element of doubt that the examination conducted on 2nd August, 2015, was subjected to criminal design and conspiracy wherein the participating candidates, seeking consideration of their candidature for appointment to Government service did make use of sophisticated electronic gadgets, concealed in their under garments, had access to the question paper and answer key from subject experts for the matter was transmitted through �whats app; application on mobile network.

Thus, the process involving public participation seeking employment in Government service has been subjected to paper leakage as well as use of unfair means. Needless to observe that if such a recruitment process is saved, merit would be a casualty generating a sense of frustration in the deserving candidates seeking consideration of their candidature for appointment to Government service as has been observed by the Hon�ble Supreme Court in the case of Tanvi Sarwal (supra). The examination process stands denuded of its sanctity, fairness and independent assessment of merit of the participating candidates. It is not possible to segregate the guilty from those who are not suspected of use of unfair means with certainty. Therefore, on an overall assessment of the facts and materials available on record so also in the face of revelations in the investigation conducted so far, this Court is of firm opinion that the recruitment process cannot be sustained.

In the result, the writ applications succeed and are hereby allowed.

The recruitment process involved herein so also the impugned decision arrived at by the Full Commission in its meeting convened on 25th February, 2016; is hereby quashed and set aside.

it is expected from the investigating agency that all the guilty would be proceeded with in accordance with law without any undue delay.

It is further made clear that the reference to the factual reports and 20 contents thereof have been made only to the extent of context of this adjudication on the issues involved in the present writ applications and would be construed accordingly.

However, in the facts and circumstances of the case there shall be no order as to costs.

A copy of this order be placed in each of the file.