Alok Sharma, J. - (1.) THE petitioner challenges the order dated 20.1.2014 issued by the Rajasthan Public Service Commission (hereinafter 'the Commission') under the signatures of its Secretary cancelling the petitioner's Rajasthan State & Subordinate Services Joint Competitive (Main) Examinations of 2012 (hereinafter 'the Examinations of 2012') held in June 2013 and further debarring him for one year from the date of the order from appearing in any of the examination/selection conducted by the Commission.
(2.) FOLLOWING the Commission's advertisement calling prospective candidates to apply for and write the examinations of 2012 for various posts in the State and Subordinate Services in the State of Rajasthan the petitioner made an application. Having passed the preliminary examination, the petitioner was admitted to the RAS (Main) Examination which was conducted between 30.5.2013 to 10.6.2013. At the time of writing the RAS (Main) Examination at the center allotted - the Government Senior Secondary School, Meenawala, Sirsi Road, Jaipur in the subject of General English on 2.6.2013, a sudden checking/inspection was carried out at the examination center at about 9:20 A.M, the examination having started at 9:00 A.M. During the course of inspection/checking by the Inspecting Team it was found that the petitioner had not commenced writing answers to the questions in the General English subject but to have instead copied three questions from the question paper on the over leaf of his admission card. On search made, a mobile was also found and recovered from the roof of the toilet near the examination center to which the examinees had access. This was testified on the same day by the Examination Center Superintendent and the Invigilator. However, the report prepared at the relevant time indicates that there was no material found with the petitioner for copying nor in -fact the petitioner had copied anything on his answer -sheet on the basis of any cheating material in his possession. In his explanation, at the time of the inspection and drawing of the Panchnama, the petitioner stated that he was unwell, suffering from blood -pressure and that in writing the questions in the paper of General English underway on the back of his admission ticket, he had no ill motive and had not indulged any cheating. Proceedings having been drawn of the incident in issue and statements of all concerned including the petitioner, this Examination Center Superintendent, Invigilator and Superintendent having been recorded, the petitioner was allowed to appear in the remainder papers on the scheduled dates -as in the Optional papers i.e. History -I, History -II and Philosophy -I and Philosophy -II at another center i.e. Government Rajasthan Senior Secondary School, Bajaj Nagar, Jaipur. Yet as the inquiry into incident of 2.6.2013 was underway, the petitioner's result was withheld.
(3.) THEREAFTER , it appears that on 10.7.2013 the Commission issued a notice to the petitioner with reference to the incident of 2.6.2013 in the course of the examination in General English where it was found that the petitioner had admitted written down questions to be answered on the back of his admission card and where a mobile had also been found on the roof of the toilet for the use of the examinees and had been so confirmed by the Invigilator, the Center Superintendent and the Examination Supervisor. The petitioner was required to show cause as to why in the circumstances he should not be prosecuted for using of unfair means as defined under the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 (hereinafter 'the Act of 1992').;