01Facts
The Rajasthan Public Service Commission (RPSC) issued an advertisement on 03.02.2021 for 859 posts of Sub-Inspector and Platoon Commander.
¶ 6The selection involved a written exam, physical efficiency test, and interview.
¶ 40After final results were declared on 01.06.2023 and appointments were issued, several unsuccessful candidates (petitioners) filed writ petitions alleging systemic malpractices, including paper leaks via organized gangs (Kaler and Jagdish gangs) and the involvement of RPSC members.
¶ 11-13, 95A Special Operations Group (SOG) investigation led to the arrest of 138 persons, including 51 trainee SIs and two RPSC members, Babulal Katara and Ramuram Raika.
¶ 108A Single Judge of the High Court cancelled the entire recruitment process on 28.08.2025.
¶ 2The State of Rajasthan and several selected (untainted) candidates appealed this decision, arguing that tainted candidates could be segregated from the innocent ones.
¶ 31, 5602Issues
i.1. Whether the writ petition was maintainable despite the petitioners withdrawing a previous petition without liberty to file afresh.
¶ 84, 85ii.2. Whether the non-disclosure of the earlier litigation and the allegedly unauthorized procurement of SOG reports constituted fatal suppression of material facts.
¶ 84-87iii.3. Whether the malpractices were systemic in nature, vitiating the entire process and rendering the segregation of tainted and untainted candidates impossible.
¶ 84, 94iv.4. Whether a Suo Moto PIL was maintainable in service matters regarding recruitment malpractices.
¶ 11803Law Applied
The Court applied the principles governing the cancellation of competitive examinations established in Vanshika Yadav v. Union of India, which requires assessing if a breach is systemic, affects the whole integrity, and if segregation is possible.
¶ 94It relied on State of West Bengal v. Baishakhi Bhattacharya (Chatterjee), holding that purity of selection is paramount and en masse cancellation is justified upon reasonable certainty of systemic malaise.
¶ 61, 74Regarding procedural conduct, it applied State (NCT of Delhi) v. BSK Realtors LLP on the materiality of suppression.
¶ 85It applied Yashwant Sinha v. CBI regarding the admissibility of documents regardless of their source.
¶ 87It further noted that PILs are generally not maintainable in service matters as per Dattaraj Nathuji Thaware v. State of Maharashtra.
¶ 37, 11804Reasoning
The Court rejected the preliminary objections regarding maintainability, reasoning that non-disclosure of the 2022 petition was not "material" because it didn't distort the core issue of systemic fraud which only became evident after subsequent SOG investigations.
¶ 86On merits, the Court found the examination integrity was "breached thoroughly" due to a "foundational collapse".
¶ 81, 108It noted that the leak was widespread via social media, making the "journey of a document" impossible to trace fully.
¶ 97The RPSC's failure to implement internet shutdowns, biometrics, or effective videography contributed to the malaise.
¶ 96Crucially, the Court highlighted the involvement of constitutional functionaries (RPSC members), whose passive silence or active collusion (allowing a known suspect to sit on interview panels) shook the judicial conscience.
¶ 110-111The Court held that even though individual "untainted" candidates might suffer, they cannot pass muster when the process itself lacks legitimacy.
¶ 106-107It dismissed the "separation of grain from chaff" theory, noting that after two years of investigation, the SOG still hadn't identified all beneficiaries, and pending investigations under Section 173(8) CrPC made complete segregation unreliable.
¶ 104-10505Holding
The Court answered the first three issues in the affirmative for the petitioners and the fourth in the negative.
It upheld the Single Judge’s decision to cancel the Sub-Inspector/Platoon Commander Recruitment Examination 2021 in its entirety.
¶ 117The Court ordered the RPSC to re-conduct the process and directed the State to consider age relaxations for original applicants.
¶ 117, 119It set aside the Single Judge’s initiation of Suo Moto PIL proceedings, holding service matters are outside PIL jurisdiction.
¶ 118All appeals by the State and selected candidates were dismissed.
¶ 117, 120Original Court PDF
SUO MOTO IN RE- SYSTEMIC MALPRACTICES WITHIN THE RPSC IN THE STATE OF RAJASTHANvsSTATE OF RAJASTHAN
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