Colony, Jaipur, Rajasthan v. The State Of Rajasthan, Through Its Secretary

Judgment

1. The State Of Rajasthan, Through Its Secretary, Department Of Education, Secretariat, Jaipur.

2. The Board Of Secondary Education, Rajasthan Through Its Chairman, Police Line, Ajmer, Rajasthan.

3. The Department Of Home Affairs, Government Of Rajasthan, Through Its Secretary, Secretariat Jaipur.

4. Central Bureau Of Investigation, 1, Tilak Marg, C Scheme, Jaipur.

5. Rajiv Gandhi Study Circle, Through Its Chairman Sh. Ashok Gehlot, 49, Civil Lines, Jaipur. ----Respondents Connected With D.B. Civil Writ Petition No. 11553/2021

1. Madhu Kumari Nagar D/o Kailash Chand Nagar, Aged About 25 Years, R/o Village Paparda, Tehsil Nangal Rajawatan, District Dausa, Rajasthan.

2. Nisha Chola D/o Ishwar Mal Chola, Aged About 25 Years, R/o Village Rajpur Bar, Tehsil Rajgarh, District Alwar, Rajasthan.

3. Trapti Joshi W/o Ashish Mishra, Aged About 41 Years, R/o Gali No. 1, Rishi Galav, Galta Gate, Jaipur, Rajasthan.

4. Hemraj Kuldeep S/o Anandi Lal Kuldeep, Aged About 39 Years, R/o Ward No. 1, Vpo Nindar, Via Harmada, Tehsil Amer, District Jaipur, Rajasthan.

5. Suman Kumari Raigar D/o Jagdish Prasad, Aged About 38 Years, R/o Ward No. 1, Vpo Nindar, Via Harmada, Tehsil Amer, District Jaipur, Rajasthan. ----Petitioners (2 of 5) [CW-2487/2022] Versus

3. Director General Of Police, Police Headquarters, Jaipur. The Director, Primary Education, Rajasthan, Bikaner. The Secretary, Rajasthan Eligibility Examination For Teacher (Reet)-2021, Secondary Education Board, Rajasthan, Rajeev Gandhi Vidhya Bhawan, Secondary Education Board Colony, Civil Lines, Ajmer, Rajasthan.

4. The Coordinator, Rajasthan Eligibility Examination For Teacher (Reet)-2021, Secondary Education Board, Rajasthan, Rajeev Gandhi Vidhya Bhawan, Secondary Education Board Colony, Civil Lines, Ajmer, Rajasthan.

5. Special Operation Group Of Police, Through Additional Director General Of Police Jaipur.

6. The State Of Rajasthan, Through Its Principal Education Secretary, Government Of Rajasthan, Secretariat, Jaipur. ----Respondents D.B. Civil Writ Petition No. 11704/2021 Devwrat S/o Sh. Yashwant Kumar Sharma, Aged About 29 Years, R/o Village Bangothari Kalan, Chirawa, Dist. - Jhunjhunu Raj. ----Petitioner Versus

1. The State Of Rajasthan, Through Principal Secretary, Govt. Of Rajasthan Secretariat, Jaipur.

2. The Home Secretary, Govt. Of Rajasthan, Secretariat, Jaipur.

3. The Coordinator, Rajasthan Eligibility Examination For Teacher, Board Of Secondary Education Rajasthan, Ajmer.

4. The Board Of Secondary Education, Through Its Secretary, Ajmer. ----Respondents D.B. Civil Writ Petition No. 11979/2021 Bhagchand Sharma Son Of Puranmal Sharma, Aged About 32 Years, Resident Of 64/82, Pratap Nagar, Sanganer, Jaipur (Rajasthan) ----Petitioner (3 of 5) [CW-2487/2022] Versus

1. The Coordinator, Rajasthan Eligibility Examination For Teachers, 2021, Rajiv Gandhi Vidya Bhawan, Secondary Board Colony, Civil Lines, Ajmer (Rajasthan).

2. The Rajasthan Board Of Secondary Education, Through Its Secretary, Ajmer.

3. The Principal Secretary, Elementary Education, Government Of Rajasthan, Secretariat, Jaipur.

4. The State Of Rajasthan, Through Chief Secretary, State Secretariat, Jaipur (Rajasthan) ----Respondents For Petitioner(s)

: Mr. Arvind Kumar Sharma (Intervenor) For Respondent(s) : Mr. Vigyan Shah, AAG with Mr. Yash Joshi & Mr. Akshat Gupta. HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR 27/03/2025 Order Heard on the application (3/2022) for impleading the applicant as party petitioner in the writ petition. For the reasons mentioned in the application, the same is allowed. The applicant is allowed to assist the court as intervenor. In the present batch of the petitions, since common questions are involved, therefore, these petitions have been heard together and are being decided by the present order, the facts as prayed by both the parties, have been noticed from D.B. Civil (PIL) Writ Petition No.2487/2022 and the prayer made therein quoted as below:- “It is therefore prayed that the Writ (PIL) petition may kindly be allowed and pass the (4 of 5) [CW-2487/2022] following reliefs and directions to the respondents which are as under:- a) To pass an appropriate writ or order or direction investigation of REET-2021 + to transfer the exam paper leak case from SOG, Rajasthan Police to central bureau of investigation (CBI). ✈ b) To pass an appropriate writ or order or to cancel the REET exam held on direction 26.09.2021 due to mass irregularities, corruption, paper leak, in brazen violation to the fundamental rights given under Art. 14, 16, 19 and 21 of the constitution. of India. c) To pass an respondent no. appropriate order or direction to exam 1 and 2 to conduct REET- 2021 afresh and only after conclusion of REET- 2021, the process of REET-2022 shall be started. d) To pass an appropriate order or direction to respondent no. 1 and 2 to select the agency for the conduction of exam through an open tender in which any agency of the state of Rajasthan will not be allowed to participate. e) To pass an appropriate order or direction to respondent 1 no. and 2 to constitute a body wherein a member from higher judiciary shall be part of, which shall assigned be the responsibility to conduct such exam. Any other appropriate order or direction which the Hon'ble Court deems just and proper in the facts and circumstances of the case may also be passed in favor of the petitioner.” These matter were listed before this Court on 24.02.2022 wherein the Co-ordinate Bench of this court after considering the submissions made by both the parties and also considering the judgment passed by the Hon’ble Supreme Court, the Court recorded a finding of fact that no case is made out for transferring the investigation to CBI. The respondents-State has filed reply to the writ petition, the para No.1 of the reply has mentioned as under:- (5 of 5) [CW-2487/2022] “That the averments contained in para No.1 are not admitted in the manner alleged. It is submitted that on receiving the information of leakage of the paper of REET Level-II examination held on 26.09.2021, immediately the case was registered and the same is under investigation by Special Operations Group (SOG). The present petition is intended to derail to the ongoing investigation, which is being conducted in transparent and fair manner by the SOG. The allegations made by the petitioner seeking transfer of investigation to CBI are absolutely incorrect, baseless and reckless. The allegations are vague as well. The SOG is conducting the investigation independently and effectively and has been able to almost conclude. The status report of the investigation conducted so far shall be kept ready for the perusal of the Hon’ble Court. It is absolutely wrong to contend that there is any violation of fundamental rights conferred by Articles 14, 16, 19 & 21 of the Constitution of India.” We have perused the material available on record as well as view express by this court in its para No.13 of the order dated

24.02.2022 and reply submitted on behalf of the respondents. In the circumstance before us, We deem it just and proper to close this public interest litigation. In that view of the matter, these writ petitions stand dismissed. Copy of this order be separately placed in each connected file. (PRAMIL KUMAR MATHUR),J (INDERJEET SINGH),J MG/97-100