KAMLESH KUMAR MEENA Vs. STATE OF RAJASTHAN AND OTHERS
LAWS(RAJ)-2018-9-35
HIGH COURT OF RAJASTHAN
Decided on September 19,2018

Kamlesh Kumar Meena Appellant
VERSUS
State of Rajasthan And Others Respondents

JUDGEMENT

MOHAMMAD RAFIQ, J. - (1.) This special appeal seeks to challenge the judgment of the learned Single Judge dated 31.07.2018, whereby the writ petition filed by writ-petitioner/appellant Kamlesh Kumar Meena (hereinafter referred to as 'the appellant') has been dismissed.
(2.) The appellant in the writ petition prayed for issuance of a writ of mandamus to the respondents to get the leakage of question paper of the REET-2017 Level-II examination investigated by the Central Bureau of Investigation or Special Operation Group or any other equivalent premier investigating agency, with the further prayer for a direction to respondent no.3 Board of Secondary Education for Rajasthan, Ajmer, (for short, 'the respondent-Board') not to declare the result of REET-2017 Level-II examination till completion of investigation. Further prayer was made that the said examination be cancelled and the respondent-Board, which was entrusted with the task of conducting REET-2017 Level-II examination-2017, be directed to conduct fresh examination.
(3.) Mr. S.N. Kumawat, learned counsel for the appellant, has submitted that the appellant received a message on whats app (a messenger app) of his cellphone number 9785937091 at 09:05 AM on 11.02.2018 while he was proceeding towards his examination center at Shaheed Amit Bhardwaj Senior Secondary School, Manak Chowk, near Badi Chopar, in front of Hawamahal, Jaipur, from a whats app group named 'Namo-Lakhya', containing 37 pages of the question paper of G-Series. He did not pay any heed to the same and proceeded to timely reach the examination center as the candidates were required to reach latest by 09:00 AM. However, when the appellant was served with the question paper of H-Series at 10:00 AM in the examination center, he was shocked to see that several questions therein were from the same paper he received on his whats app. When the appellant made enquiry from other candidates after examination, he learnt that eight more candidates received similar whats app message of G-Series question paper on their cellphones. Their names with cellphone number were mentioned by the appellant in the rejoinder to the reply of the respondents filed in the writ petition. This clearly proves that the question papers of the REET examination was leaked and the sanctity of the examination became doubtful. Many undeserving candidates, by virtue of such leakage, were able to steal a march over genuine and deserving candidates.;


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