Govind Mathur, J. - (1.) S .B. Civil Writ Petition No. 10866/2010 is preferred by 17 Petitioners seeking a direction to cancel the examination of Nursing Grade -II Competitive Examination, 2010 on the count that certain unsocial persons disclosed the question paper of the examination concerned prior to conduct of the examination and that vitiates the entire process of selection. In the petition for writ aforesaid, this Court on 24.11.2010 passed the following order: On 20.10.2010, the Nurse Grade -II Competitive Examination, 2010 (Examination Code No. 23) was conducted by the Rajasthan Public Service Commission in pursuant to a Notification dated 2.6.2010. As per the Petitioners, the question paper of the examination concerned was disclosed by certain persons prior to 20.10.2010 and a criminal case in this regard was lodged. Certain arrest of accused -persons was also made on the same day, but despite discloser of question paper, the Respondent Commission proceeded with the examination and on basis of such examination is now conducting counseling on 29.11.2010, for recommending the names of selected persons to undergo requisite training. Learned Counsel for the Petitioner submits that discloser of the question paper makes the entire competitive examination bad and as such, that is required to be cancelled. Issue notice to show cause as to why this petition for writ be not admitted. Issue notice of stay application also. In the meanwhile and until further orders, the Respondents No. 1 and 2 are directed not to appoint any person as Nurse Gr. II on the basis of recommendations made by Rajasthan Public Service Commission as a consequent to Nurse Gr.II Competitive Examination, 2010 (Examination Code No. 23).
(2.) TO get the interim order above mentioned vacated, an application under Article 226(3) of the Constitution of India is preferred on behalf of Rajasthan Public Service Commission (Respondent No. 3). The writ petition bearing No. 791/2011 is a petition of similar nature wherein a stay application is also preferred in the term that no person should be appointed on the post of Nurse Grade -II on the basis of recommendation made by the Rajasthan Public Service Commission as a consequent to Nurse Grade -II Competitive Examination, 2010.
(3.) IN both the petitions, the argument advanced is that the question paper of Nurse Grade -II Competitive Examination, 2010 was leaked and that vitiates the entire process of selection, as such, the same is required to be cancelled. It is asserted by learned Counsel for the Petitioners that the examination was conducted on 10.10.2010 and on the same day First Information Report was lodged at Police Station Kardhani, Jaipur by Shri Surendra Singh, Circle Inspector, Police Station Kardhani with the assertion that as per information of mukhbir, a raid was made at Kiran Balbharti Public School, Govidpura Kalwad Road, wherefrom some persons in two cars were caught with the question papers relating to Nurse Grade -II Competitive Examination, 2010. The raid was made at 10:30 a.m.;