Leakage Of Papers Creating Havoc In Society, Honest And Genuine Students’ Career Jeopardized By Such Acts: Rajasthan High Court

While dismissing the petitions moved by two Senior Teachers challenging their suspension and subsequent dismissal from service, the Rajasthan High Court said the leakage of papers and other malpractices employed by the miscreants is creating havoc in the society.

"The honest and genuine students’ career is jeopardized by such acts and completely demoralizing them. The involvement of teachers in such malpractices is cause of serious concern. This Court feels that the time has come when no sympathy and benefit of doubt should be granted in favour of persons like petitioners. They are required to be dealt with iron hands," said the court.

The court was hearing petitions filed by Bhagirath and Ravat Ram, two Senior Teachers in Science and Sanskrit, who were were caught red-handed along with the other group of persons in a hotel at Udaipur who were solving the papers for dummy candidates in the examinations conducted for the recruitment of Teachers Grade-II in Rajasthan. An FIR was registered against them at Police Station, Sukher, Udaipur on 25.12.2022, and they were sent to judicial custody.

While they were in custody, they were served with an order dated 24.12.2022, whereby they were placed under suspension. Subsequently, they were dismissed by the authorities vide order dated 13.01.2023, without completing the proposed disciplinary inquiry.

The petitioners contended that the dismissal order was in gross violation of the principles of natural justice and the provisions of Rule 19 (ii) of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958. They prayed before the court to allow the writ petitions and quash the suspension and dismissal orders.

However, the State contended that the Rule 23 of the Rules of 1958 provides for an alternative remedy in the form of a statutory appeal for redressal of grievances of the petitioners in this case, and, since alternate and equally efficacious remedy of appeal is available to the petitioners, therefore, the writ petitions may be dismissed.

Justice Vineet Kumar Mathur observed that the petitioners are teachers, and impart education, Sanskar to the younger generation of our country.

"The petitioners were caught red handed along with the other group of persons in a hotel at Udaipur who were solving the papers for dummy candidates. The petitioners are posted at Sirohi and Jalore & there is no satisfactory explanation of the petitioners about their presence in hotel at Udaipur more particularly with the persons, who were involved in helping the dummy candidates and were using unconstitutional and unethical measures for helping the candidates in the examination for Teacher recruitment in the State of Rajasthan," Justice Mathur said.

While dismissing the writ petitions on the ground of availability of an alternate remedy of appeal, the court directed the appellate authority to independently examine the matter on its own merit without being influenced by the observations made by the court in the order.

Case Title: Bhagirath vs. State of Rajasthan and Ors S.B. Civil Writ Petition No. 1845/2023

For Petitioner(s): Mr. Muktesh Maheshwari

For Respondent(s): Mr. Hemant Choudhary, GC with Mr. Vishal Jangid, Dy. G.C.

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