Rajasthan High Court Cancels 2021 SI Recruitment For Irregularities; Takes Suo-Motu Notice Of Systemic Malpractices In RPSC

The Rajasthan High Court cancelled the 2021 recruitment undertaken by the Rajasthan Public Service Commission (RPSC) of candidates to the post of Sub-Inspectors, in the background of revelation of systemic irregularities–paper leak, cheating during examination, use of dummy candidates–in the conduct of the entire process.

The court said that such recruitment process ought to be canceled and this cancellation is "necessary to uphold the integrity of the State in the conduct of public recruitment examinations". In doing so the court also took suo-moto cognizance of the “systemic malpractices” within RPSC in the State "in light of the grave improprieties and malpractices that have been brought to light, involving members of the RPSC". 

In 2021, RPSC had advertised for the post. Prior to the conduct of the first stage of the examination, there was a leakage of the papers across the state and multiple FIRs were filed alleging malpractices in the conduct of the exam. 

Complaints were also filed before the State seeking cancellation of the paper. However, the recruitment process was not cancelled, and appointments took place. One of the FIRs also alleged connection of an RPSC representative, working as a Centre Superintendent in one of the centers, with the person who spearheaded the paper leak, as well as his involvement in the offence.

A Special Investigation Team was constituted in 2023 which revealed several unfair methods, on a large scale, in the examination, and thus recommended cancellation of the same.

Selection process sullied by egregious malpractices has to be cancelled

Perusing the SIT report, Justice Sameer Jain in his 202 page order observed:

"...this Court is strongly of the opinion, after having been convinced beyond any shadow of doubt, that the impugned selection process of Sub-Inspectors, as conducted by the Rajasthan Public Service Commission (RPSC) in the Year 2021, ought to be canceled in its entirety. This conclusion is inescapable when one considers the widespread and egregious malpractices that have sullied the said selection process. In the context of the facts of the present case, characterizing the pervasive and injurious actions that have occurred as mere 'malpractices' would be an exercise in linguistic politeness. The reality is that these actions encompass not only reprehensible and ghastly instances of paper leakages that occurred across the entire State of Rajasthan through gangs working in sync for monetary benefits but also the shocking and unacceptable substitution of actual candidates with dummy candidates, made possible due to  the unimaginable negligence on part of RPSC".

The court observed that these "heinous acts were perpetrated with the active connivance of certain officials" who were entrusted with the critical responsibility of ensuring that a "safe, secure, and fraud preclusive environment" was provided for the candidates appearing in the examination. 

Gangs involved in paper leak

The court further observed that it was established through evidence and investigation that the examination papers for all three scheduled days of the examination-September 13, 14 and 15 2021, were leaked by various organized gangs operating within the State.

These gangs include the "Kaler Gang, Narendra Khinchhad, Amit Kumar, as well as the Jagdish Bishnoi Gang", it observed. It further, said that these distinct gangs (Jagdish Bishnoi and Co.) aided and "assisted Paurav Kaler of the Kaler Gang" by selling him leaked papers for monetary considerations when he was unable to obtain them himself in Bikaner.

This highlighted an intrinsic and interconnected network of individuals across the State who not only engaged in paper leaks themselves, being habitual offenders in this sphere of crime prior to the incident in question, but also collaborated and expanded the reach of the leaked papers across the State for monetary benefits, it said.

The court said that as shown from the SIT report dated 13.08.2024, it was established by way of investigation that the leak of papers was definite and occurred for all three days of the examination.

It further said:

“Candidates selected through corrupt means, leveraging unfair advantages and malpractices, cannot reasonably be expected to embody integrity, honesty, and transparency...Furthermore, the decision to cancel the recruitment process also finds substantial support from the Special Investigation Team's (SIT) investigation, which reveals that a large number of selections were facilitated through the use of dummy candidates. In a striking revelation, 9 Sub-Inspectors who were already undergoing training at the Rajasthan Police Academy were arrested after it was discovered that they had been selected with the assistance of dummy candidates..."

The court observed that many dummy candidates involved in these malpractices are currently absconding. The SIT, through its investigation and in its report, has unequivocally stated that there is a significant possibility that many more dummy candidates will be exposed once those who are absconding are apprehended.

"The systemic failure regarding the implementation of biometric checks and videography at the examination centers effectively advantaged the fraudsters by hindering the ability of investigation authorities and administration to identify the dummy candidates who appeared at the various examination centers across the 6 shifts. Given these circumstances, the possibilities of further revelations of malpractices are extensive and potentially farreaching," the court said. 

"The cancellation of the examination at this juncture would thus relieve candidates from the burden of uncertainty, preserve the sanctity of the recruitment process for the post of Sub- Inspector, a position of significant public trust, and uphold the sacrosanct principle that fraud vitiates all proceedings,” it added.

1/8 selected candidates used illegal means

The Court highlighted that the systematic irregularities had crept in the recruitment process both internally via involvement of 6 (six) RPSC members as well as externally, and the entire process was undermined to such an extent that there was no plausible chance to segregate tainted and untainted selected candidates.

“For the 859 advertised posts, roughly every 1 in 8 selected candidates utilized unfair means. The number of beneficiaries is likely to increase as the SIT noted that the exact number could not be ascertained until absconding individuals are apprehended and interrogated. Due to time elapsed and poor RPSC infrastructure, thorough investigation after 4 years is proving difficult, making it extremely challenging to capture all irregularities, which shows how deep-rooted they are, making it improbable for all to be uncovered, even if further investigation is carried out.”

It was held that it would be unfair and detrimental to the society at large to retain tainted candidates in service. It would erode public confidence in public which was crucial for effective policing and maintenance of law & order.

On the fact of 6 RPSC members being involved in the offence, the Court opined that the Hindi Idiom “Ghar ke Bedi Lanka Bahay” captured the circumstances aptly wherein the very guardians tasked with the sacrosanct duty of safeguarding the sanctity of the process and protecting the interest of the public betrayed the trust.

Impossible to separate innocent from culpable

The court said that as per the SIT Chairman, it is "impossible to separate" the candidates who were involved in malpractices from those who were not on the basis of the material on record.

However, based on confirmed advancements in the investigation, it was the SIT Chairman's opinion that the examination papers were leaked not only by the gangs previously named "but also by other gangs".

"Drawing an analogy with the presence of several veins of minerals in mining operations, the Chairman concluded that many other groups are suspected to have indulged in unfair means and that there are chances that these groups will come to light as the search and investigation progress. As of 1 3.08.2024, charge sheet has been presented in court against 64 accused individuals in case number 10/2024 lodged before the Special Operations Group (SOG) Police Station. Among these 64 accused, 37 are Sub-Inspectors who have been arrested. Of these 37 Sub-Inspectors, 4 had not joined training prior to their arrest. In addition to the Sub-Inspectors, 27 other criminals linked to the paper leak operation have been arrested. However, despite these arrests, 68 accused individuals or leads are still absconding," the order notes. 

RPSC did not provide info in RTI

The court also noted that the "deliberate non-availability of information and documents" related to the impugned recruitment process, despite recourse to the Right to Information (RTI) Act, casts a significant shadow of doubt and concern regarding the mechanism of conduct of the examination and the illegalities that have permeated the process.

When applicants sought information and documents relating to the FIRs filed in the state pertaining to the recruitment process, the RPSC did not respond citing Sections 8(j), 7(9), and 11 of the RTI Act, claiming confidentiality as the basis for withholding such information.

"This lack of transparency casts a shadow of doubt on the transparency of the entire recruitment process. Transparency is a key element in ensuring that no systemic failures are permitted to vitiate a recruitment process in its entirety," the court observed. 

In this background, the Court gave the following directions:

1. State to prepare a detailed report with supporting materials and recommend to RPSC to cancel the whole recruitment process of 2021 conducted till date.
2. As soon as the 2021 process was cancelled by RPSC, appointments made based on that process also to be immediately cancelled by the government with all legal consequences.
3. RPSC also to be instructed to re-conduct the whole process under the same advertisement of 2021 or by making alternative arrangements in the novel advertisement issued in 2025.
4. Reasonable time for preparation and appearing in the examination to be provided to the applicants.
5. RPSC to be instructed to ensure fairness and transparency in the re-conducting of the process to avoid further lapses.
6. In case of termination of candidates appointed, if anyone resigned their government service to join the new post, order to be issued for their reinstatement to their original posts.

RPSC's framework is a 'farce'

Pursuant to this order, the Court stated that it could not remain a passive observer and permit RPSC to perpetrate travesty of the system and continued breach of public trust. It was held that the Court was duty bound to ensure that the sanctity of the recruitment process was preserved and public trust on such a significant institution was safeguarded.

While perusing the robust framework of RPSC, the Court held that despite the same, the aims, objectives and safeguards imposed by such as framework had been "exposed as a farce".

"This is particularly evident when considering the shameful state of affairs involving its members and the Chairman," the court said. 

While highlighting certain other past instances and examinations that challenged RPSC's competence and ability to conduct recruitments smoothly, the Court held that,

“RPSC cannot persist in functioning in a manner characterized by negligence and corruption as is currently evident. Such functioning results in thousands and lakhs of aspiring candidates becoming casualties to the selfish interests of a few members of the Commission. These members render the examination system inherently flawed and worthy of cancellation from within the institution itself.”

Underscoring the shortcomings revealed in the SIT report in the conduct of the recruitment process, the single judge took a suo-moto cognizance of the malpractices within the RPSC for institution of a PIL; it directed the Registrar to place the order before the Chief Justice for appropriate proceedings. 

Case Title: Kailash Chand Sharma & Ors. v the State of Rajasthan & Ors.

Citation: 2025 LiveLaw (Raj) 191

Click Here To Read/Download Order