“Ghar Ka Bedi Lanka Dahay”: Rajasthan High Court Cancels 2021 Sub-Inspector Recruitment, Takes Suo-Motu Cognizance Of Malpractices Within RPSC

The Rajasthan High Court has cancelled the 2021 Sub-Inspector recruitment and has taken suo-motu cognizance of the malpractices within the RPSC (Rajasthan Public Service Commission).

The Jaipur Bench was hearing a batch of Writ Petitions related to the alleged inequitable, deceitful, and malpractices-ridden examination process undertaken by the RPSC for recruitment of candidates on the post of Sub-Inspector in pursuance of an advertisement issued under the Rajasthan Police Subordinate Service Rules, 1989 along with the Rajasthan Scheduled Areas Subordinate, Ministerial and Class IV Service (Recruitment and Other Service Conditions) Rules, 2014.

A Single Bench of Justice Sameer Jain remarked, “The Hindi idiom, “Ghar ka Bedi Lanka Dahay”, aptly encapsulates the egregious circumstances surrounding the Sub-Inspector Recruitment Examination 2021, wherein the very guardians entrusted with safeguarding the sanctity of the process, namely the members of the RPSC, were instrumental in its vitiation. It is a travesty of monumental proportions that six members of the RPSC, tasked with the sacrosanct duty of protecting the interests of the public and masses, chose to betray that trust.”

The Bench added that the attack on the examination’s sanctity was not solely the handiwork of external anti-social elements but was significantly birthed and spread by the very members of the RPSC and this betrayal of public trust from within the RPSC has precipitated a crisis of confidence in the recruitment process and the institutions meant to uphold it, underscoring the idiom Ghar ka Bedi Lanka Dahay’s relevance in highlighting the devastating impact of internal complicity and corruption.

Senior Advocate R.P. Singh appeared on behalf of the Petitioners while Advocate General (AG) Rajendra Prasad, Senior Advocates R.N. Mathur, A.K. Sharma, AAG Vigyan Shah, Advocates Tanveer Ahmed, M.F. Baig, Tribhuvan Narayan Singh, and R.D. Rastogi appeared on behalf of the Respondents.

Brief Facts

RPSC had issued an advertisement in the year 2021 for selection on the post of Sub-Inspector under the 1989 Rules along with the 2014 Rules. The total number of posts outlined for recruitment were 859 and the Petitioners having met the conditions prescribed by the advertisements, participated in the recruitment process and submitted their applications online. The RPSC conducted the Stage I Written Examination in September month and the result of the same was declared in December month. Allegedly, prior to the conduct of the exam, there was a leakage of examination papers across the Rajasthan State. As a result, various FIRs were filed alleging malpractices in the conduct of exam.

Several candidates including some of the Petitioners also filed complaints before the Respondent-authorities for cancellation of the examination paper on account of the mass leakage of the solved question paper before the conduct of the examination, alleging the loss of sanctity of the recruitment process. However, the authorities did not cancel the same and decided to proceed with it. Stage II of the recruitment process i.e., Physical Efficiency Test was conducted by the authorities and its result was declared in 2022. The selected candidates including some of the Petitioners were called for the interview i.e. Stage III. The Petitioners were declared unsuccessful and hence, they approached the High Court.

Court’s Observations

The High Court in view of the facts and circumstances of the case, 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.”

The Court said that characterizing the pervasive and injurious actions that have occurred as mere 'malpractices' would be an exercise in linguistic politeness.

“This issue of systemic failure is not isolated but rather pervasive, indicating deep-rooted vulnerabilities in the oversight and security mechanisms employed during the examination process. … the possibilities of further revelations of malpractices are extensive and potentially far reaching”, it noted.

The Court was of the view 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.

“Transparency is a key element in ensuring that no systemic failures are permitted to vitiate a recruitment process in its entirety. … That it would be extremely inappropriate, unfair, and shocking to the system and all stakeholders of the welfare of the State if Sub-Inspectors, regardless of their number, who were recruited through unfair means, are permitted to remain in service”, it added.

The Court further said that a candidate selected through wrongful means and an ineligible person working in such a post will only undermine the justice system of society and impair the functioning of the police.

“Thus, in furtherance of the observations recorded herein-above, it is of paramount importance and, rather crucial for this Court to emphatically underscore and bring to the forefront of consideration the profound and inescapable reality that even if this Court were to harbor the desire and exert Herculean efforts to attempt the segregation of tainted candidates from those who are untainted in the context of the Sub-Inspector Recruitment Examination of 2021, it would nonetheless prove to be an endeavor steeped in futility, and an undertaking that would be filled with insurmountable challenges”, it also observed.

Moreover, the Court remarked that the efflux of time, coupled with the complexities and the far-reaching extent of the malpractices that have been uncovered, render it impossible to disentangle the web of deceit and unfair means that has filled the examination process.

“… the loss of public faith in the State machinery simply cannot be equated with any loss to the State exchequer. … Thus, the potential loss of public faith outweighs considerations of monetary loss to the State exchequer in the context of ensuring the integrity of the recruitment process”, it noted.

Conclusion and Directions

The Court was of the opinion that the only viable solution to bring an end to the present litigation from its prolonged delay is to cancel the examination at the present stage, as opposed to the recommendation of the State to possibly consider cancellation at a subsequent stage while awaiting further investigation.

“… this Court deems it absolutely necessary, must and appropriate to cancel the impugned recruitment process of Sub-Inspectors 2021”, it held.

The Court, therefore, issued the following directions –

(i) The Government should prepare a detailed report with supporting material, in consonance with the shortcomings noted in the preceding discourse, and on that basis and along with that report and corroborating material, recommend to the RPSC to cancel the whole recruitment process conducted till date including the result/recommendations of the Sub-Inspector Police/Platoon Commander Recruitment Examination 2021.

(ii) The RPSC should also be instructed to re-conduct the whole process under the same 2021 advertisement, or by making alternative arrangements in the novel advertisement so issued vide notification in 2025, on the basis of valid applications received in pursuance of that advertisement, deadline of which is September 08 2025.

(iii) That to be fair to the applicants, reasonable time for preparation and appearing in the examination should be allowed.

(iv) The RPSC should be instructed to ensure fairness and transparency in the re-conducting of the process as to avoid any further lapses.

(v) As soon as the RPSC decides and cancels the process, the appointments made on the basis of the previous process should be immediately cancelled by the government with all legal consequences.

(vi) The case of termination of the candidates appointed, if any one of them have resigned their Government services to join the new post, order should be issued for their reinstatement to their original posts in Government Service, in above terms.

“… this Court, whilst exercising its jurisdiction under Article 226 of the Constitution of India, cannot remain a passive observer and permit the RPSC to perpetrate a travesty of the system through its repeated and continued breach of the public trust”, it concluded.

Hence, the Court took suo-moto cognizance of the systemic malpractices within the RPSC, for institution of a Public Interest Litigation (PIL), in conformation of Rule 385-P and 385-Q of the Rajasthan High Court Rules 1952.

Accordingly, the High Court allowed the Writ Petitions and directed the Registrar to place a copy of the Order along with concerned material for perusal before the Chief Justice for further proceedings and consideration.

Cause Title- Kailash Chand Sharma & Ors. v. The State of Rajasthan & Ors. (Neutral Citation: 2025:RJ-JP:33343)

Appearance:

Petitioners: Senior Advocate R.P. Singh, Advocates Harendar Neel, Jaivardhan Singh Shekhawat, Kuldeep Singh Rathore, Prakash Lamba, and O.P. Solanki.

Respondents: AG Rajendra Prasad, Senior Advocates R.N. Mathur, A.K. Sharma, AAG Vigyan Shah, Advocates Tanveer Ahmed, M.F. Baig, Tribhuvan Narayan Singh, R.D. Rastogi, Dhriti Laddha, Harshita Thakral, Tanay Goyal, Digvijay Singh Rajawat, Utkarsh Dubey, Prateek Mathur, Rachit Sharma, Yash Joshi, Sankalp Vijay, Pulkit Bhardwaj, Rohit Tiwari, Priyam Agarwal, Ritika Naruka, Tanisha Pant, Manisha Agarwal, K. Khan, Prithvi Pal, Swadeep Singh Hora, Varuni Agarwal, Akshay Bhardwaj, Ajay Singh, Ajeta Chauhan, Deen Dayal Sharma, Nachiketa Pareek, Yuvraj Singh Rajawat, Shreyans Jain, and Amit Lubhaya.

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