REET Paper Leak: Rajasthan High Court Refuses To Transfer Probe To CBI; Will Monitor Progress Made By State's 'Special Operation Group'

A division bench of Chief Justice Akil Kureshi and Justice Sudesh Bansal, observed,

"Investigation must not be fair but must also appear to be fully fair and free from any pulls or pressures. As of now, we do not see any reason to disturb the ongoing investigation in the hands of SOG. However we would keep the supervisory control of this ongoing investigation. This would enable us to observe closely the further progress of investigation and consider the option of forming a special investigating team if at any stage we find that the investigation is not progressing satisfactorily."

The development ensued in a public interest litigation filed by Akhil Bhartiya Vidyarthi Parishad (ABVP) for transferring the investigation of the matter to CBI.

The court observed that it is a serious case of lapse in controlling leakage in a public examination where a large number of students or aspirants had put their hopes in. The court found that SOG's investigation shows a systematic conspiracy and fairly widespread network which either was involved from the beginning or seems to have gained the benefit out of this leakage. Nevertheless, so far, there is no evidence of complicity of the influential members holding important positions in Government or public life so that the investigating agency can be said to be under pressure preventing it from carrying out the investigation impartially, added the court.

Further, the court observed that mere apprehensions, allegations based on unreliable as well as unverified materials and documents and on a general possibility that the investigating agency may not be allowed to function freely, cannot be the grounds for taking such a serious step of transferring the investigation to a central agency. Relying on Arnab Ranjan Goswami v. Union of India, the court opined that an element of maintaining federal structure is also an important aspect while considering the transfer of investigation to CBI from the state police.

The court also opined that the constitutional court can exercise writ jurisdiction to order such transfer of investigation if the facts so justify, however, the Supreme Court has put restraint in passing such an order and stated that such action should be rare. Investigation cannot be transferred for the mere asking, added the court.

The court opined that unless special circumstances exist which demonstrate that in absence of transfer of investigation to CBI gross injustice would be caused and proper investigation would not be carried out, such orders should not be passed.

The matter has been kept pending to monitor the progress of investigation.

The counsel for the petitioner contended that the scam is widespread and several people of influence holding important public positions are involved. It was highlighted that the Chief Minister himself is holding the home portfolio and therefore the police is directly under the control of the Chief Minister. It was also submitted that the several persons holding no official positions were assigned responsible duties in the process of conducting the examination. He further submitted that only when the investigation is transferred to the CBI, independent and impartial investigation can be conducted so that the culprits can be brought to book.

In contrast, the Advocate General contended that petitioner has not provided any reliable evidence of the investigation not being conducted properly. The prayers are based on mere conjectures and insinuations without any supporting evidence, he added. He argued that newspaper reports and other documents obtained from social media do not form a reliable basis for giving the directions to transfer the investigation to CBI. He contended that though the High Court has the power to order such transfer of investigation the same must be exercised in extremely rare occasions.

Additionally, the court dismissed an application seeking similar directions to the respondents on the ground that the petitioner is a REET Aspirant and does not have locus standi.

Related News:

On 8.02.2022, a public interest litigation was filed before the Rajasthan High Court, Jaipur seeking to cancel the Rajasthan Eligibility Examination for Teacher 2021 (REET-2021) and to investigate the paper leak by the Central Investigation Agency.

The REET examination was conducted on 26.09.2021. In the present matter, the bench has listed the matter on 28.02.2022.

[Rajasthan Eligibility Examination for Teacher 2021] PIL Before HC To Cancel the Exam And To Investigate the Paper Leak by Central Investigation Agency

The aforesaid plea before Single Bench alleged that almost 16.51 lacs candidates applied for over 32,000 seats but due to the leak of the papers, the reliability of the exam has become doubtful and candidates who appeared in the examination are feeling cheated. It added that the question paper was found unsealed at various examination centres and was available in the mobile phones of some candidates' relatives who are part of the Government machinery.

The present matter is next listed on 06.04.2022 and respondents are asked by the court to present the progress report of the investigation carried out till then on the said date.

Advocates for the petitioner include Aayush Mall Mr. Ved Prakash Sharma Mr. Kumar Piyush Pushkar and Mr. Bhuwnesh Sharma, while advocates for the respondents include M.S. Singhvi, AG assisted by Mr. Siddhant Jain and Mr. Sheetanshu Sharma Mr. Rajesh Maharshi, AAG through VC Mr. C.L. Saini, AAG Mr. Vigyan Shah. Applicants were represented by the advocates - Mr Hanuman Singh and Mr. Ashwani Kumar Sharma.

Case Title: Akhil Bhartiya Vidyarthi Parishad (ABVP) v. The State Of Rajasthan and Ors.

Citation: 2022 LiveLaw (Raj) 81

Click Here To Read/Download Order