Bela M.Trivedi, J. - (1.) IN the instant petition, the result dated 17/9/2014 declared by the respondent -Commission for the post of Teacher Gr. II (Social Science), and the selection process in pursuance to the advertisement dated 2/8/2013, and the examination conducted on 23/2/2014 have been sought to be challenged by the petitioner on the ground that there was a leakage of question paper bearing Code 36 (Social Science) -Paper II -D Question Series No. 36137740 at the Bikaner Centre.
(2.) IT has been alleged by the petitioner interalia that pursuant to the advertisement dated 2/8/2013 issued for the post of Teacher Gr. II -Social Science, examination was scheduled on 23/2/2014. The said examination was fixed between 9 A.M. to 11: 30 A.M. According to the petitioner while the said examination was going on, the police had conducted a raid at Plot No. 11, Marudhar Nagar, Pawanpuri, Bikaner, Jai Narayan Vyas Colony, Bikaner, where certain persons were found involved in the leakage of the said question paper, and in respect of which an FIR bearing No. 57/2014 was registered at the Police Station Jai Narayan Vyas Colony, Bikaner. It is further case of the petitioner that in respect of the other examinations also conducted by the RPSC during said period, certain irregularities and leakage of paper were found for which even the officers of RPSC were arrested. According to the petitioner, instead of cancelling the examination for the said post of Teacher Gr. II (Social Science), the RPSC declared the result on 17/9/2014. Thus, the said result being tainted one was illegal and had stood vitiated and the RPSC could not have proceeded further with the appointments on the basis of such results. The said petition has been resisted to by the respondent RPSC by filing the reply, denying the allegations made in the petition, and further contending interalia that the petitioner, after having participated in the process of selection, and after having been declared unsuccessful has challenged the result. It has been further contended that the RPSC had received about 3,46,068 applications for the 706 posts of Teacher Grade II Social Science and had conducted the examination for the said posts, in which the petitioner had appeared from the Jaipur Centre. The respondent has further stated that the FIR was registered at Police Station, Bikaner, on having received the information at 8 A.M. on 23/2/2014 that some persons were trying to copy or commit cheating of answers with the help of some mobile instruments, and that the police had rushed to the alleged place i.e. house No. 11, Marudhar Colony, Bikaner, and found six persons with computers, books and some papers, including a scanned copy of the question paper No. 36137740 for Teacher Gr. II Social Science D Series. According to the respondent Commission, some other complaints were also received from the other Centres at Jodhpur, Jalore, Kota, Tonk, Bandikui and Kotputli where the incidents like some persons having tried to take out the question paper outside the examination centre and some using bluetooth in their mobile phones outside the examination centre were reported, however no incident of mass cheating, leakage or mass copying were reported from any of the centres including Jaipur Centre, where the petitioner had appeared.
(3.) THE petitioner has filed the rejoinder to the said reply filed by the respondent Commission, reiterating interalia that the paper leakage and cheating through bluetooth were found to have taken place at Bikaner Centre on 23/2/2014, and therefore, the entire results of the said examination had stood vitiated.;