- (1.) This writ petition was filed by fifteen petitioners, who were all present before the court when the matter was listed on 22/07/2014. This order was passed upon hearing the petitioners in person when the lawyers were abstaining from the courts. Upon hearing the petitioners and representative of the respondents, this Court passed the following order:- "This writ petition has been filed by fifteen unemployed youths with the prayer that direction be issued to investigate the leakage of the question paper of competitive examination of the post of Junior Engineer-I(Electrical), which was conducted on 21.12.2013 pursuant to advertisement(Annexure-1) issued by Rajasthan Rajya Vidyut Prasaran Nigam Limited(for short 'RRVPNL') for all five electricity companies of the State. Petitioners also appeared in the said competitive examination. The petitioners have contended that photostat copies of the question papers were freely available in the market, both before and after the examination whereas according to the instructions, question papers, OMR Sheets as also the admit cards issued to the candidates were collected by the invigilators at the examination centres itself immediately after examination was over. How could question papers found their way into the market is a matter of investigation. The question paper contained 125 questions out of which 100 questions were in the discipline of Electrical Engineering and 25 questions were of General Knowledge. The petitioners have placed on record photostat copy of the allegedly leaked question paper of 02 D Series on record as Annexure-2. Petitioners contend that earlier also this Court in their writ petition bearing No. 308/2014, titled Pradeed Yadav & Others Vs. RRVPNL & Others, on being apprised of all the aforesaid facts, vide order dated 16.01.2014 directed Chairman-cum-Managing Director, RRVPNL, to examine the complaints/representations of the petitioners and take appropriate decision on the basis of material produced before him within two weeks, preferably before declaration of the result of the examination. Although they have come to know from the newspaper reports that RRVPNL has rejected the same and declared the result on 06.07.2014, but copy of the decision on their representations/complaints has not been supplied/conveyed to them. They have now called the candidates for verification of documents on 23.07.2014 and appointment orders would be issued soon thereafter. Petitioners allege that in the merit list of male category containing 416 names, ten candidates out of top twenty selected candidates are such, who belong to a particularly community of Scheduled Tribes category and there are fourteen candidates of that category(inclusive of those ten candidates) who have been selected in top thirty two. Most of the candidates are from the same area. In fact, two of the top twenty candidates namely Mayank Sharma at Serial No. 12 and Nitesh Sharma at Serial No. 18 from general category are first cousins. In somewhat identical circumstances, when result of RAS Preliminary Examination, 2013 was declared and doubts were raised, investigation by S.O.G. ultimately led to busting of a racket. Petitioners have reasons to believe that same racket, which was mastermind behind leakage of the question paper of RAS Preliminary Examination, 2013 is also responsible for the leakage in the present case. The petitioners have relied upon the decision rendered by the Hon'ble Supreme Court in the case of Chairman, All India Railway Rec. Board and Anr. Vs. K. Shyam Kumar & Ors., 2010 6 SCC 614 wherein it has been held that 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. Issue notice to respondents, returnable within four weeks. The petitioners may supply requisite number of copies to Mr. O.P. Pareek, U.D.C., RRVPNL, Headquarters at Jaipur who is present in the Court and after obtaining receipt thereof file the same in the Registry. He shall also apprise the respondents about this order. In the meantime, the respondents are restrained from going ahead with the process of selection and issuing appointment orders. Respondents may consider getting the matter investigated from the same team of Special Operation Group, which is making investigation into the RAS Preliminary Examination paper leakage matter or otherwise file their response to this writ petition."
(2.) Reply to the writ petition has been filed by the respondents and two applications have been filed by the selected candidates for impleadment. Learned counsel for the petitioners has reiterated the arguments, which were advanced by the petitioners in person in particular the fact that ten out of first twenty candidates and fourteen out of first thirty four belong to S.T. category and are mostly from the same area but thereafter from Item No.35 upto 416, only 19 candidates belonging to S.T. category have been selected. This list contains the names of selected candidates, in the order of their merit regardless of their category. He has in particular submitted that most of these candidates are such, who have qualified the degree course of B.E./B.Tech in 7-8 years, the normal duration of which is 4 years.
(3.) Learned Advocate General submits that this petition is full of vague averments. Particulars of the candidates, who could qualify B.E./B.Tech examination allegedly in 7 to 8 years and have secured high merit have not been given. With regard to Mayank Sharma and Nitesh Sharma, who have been selected, it was asserted that they are first cousins, which is not the fact. Proper affidavits have not been filed along with the petition. One Shiv Dutta Sharma has sworn the affidavit in support of the petition but he is not even the petitioner. Earlier S.B. Civil Writ Petition No.308/2014 was filed before this Court by fifteen petitioners alleging leakage of examination papers, which allegation upon enquiry by the respondents was not found to be correct and, therefore, the respondents on satisfying themselves about the fairness of examination declared the result. None of those petitioners have been joined as petitioners in the present writ petition. It is contended in rejoinder that the petitioners have furnished certain new names i.e. Anchal Meena and Ajay Kumar Meena now alleging them cousins so as to expand the scope of writ petition. Filing of such writ petition is nothing but an abuse of the process of the court and, therefore, the writ petition be dismissed.;