Genuine students’ career is jeopardized by leakage of papers; involvement of teachers serious concern: Rajasthan HC

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Court was dealing with writ petitions moved by two teachers against their dismissal. The teacher had been found solving question paper of the Senior Teacher Examination, conducted by RPSC for other students. 

The Rajasthan High Court recently observed that nowadays, the leakage of papers and other malpractices are creating havoc in society and honest and genuine students’ career is jeopardized by such acts.

Court further stressed that the involvement of teachers in such malpractices is cause of serious concern.

The bench of Justice Vinit Kumar Mathur observed so while dealing with two writ petitions filed by two teachers impugning their suspension and dismissal from service orders.

The petitioners namely Bhagirath and Ravat Ram were appointed as Senior Teachers in Science and Sanskrit, in Sirohi and Jalore Districts respectively.

An FIR was registered against them on 25.12.2022, wherein an allegation was levelled that they were solving the question paper of Senior Teacher Examination, conducted by RPSC.

The petitioners in pursuance of the registration of the FIR, were sent to judicial custody. While the petitioners were in judicial custody, an order dated 24.12.2022 passed by Director, Secondary Education, Rajasthan, Bikaner was served upon them, whereby they were placed under suspension.

Subsequent thereto, they were dismissed vide order dated 13.01.2023 passed by the Joint Director, School Education Department, Pali.

Seeking direction to quash the two orders, the petitioners' counsel argued before the high court that the petitioners had been dismissed without providing an opportunity to present their defence in the proposed disciplinary inquiry by the education department which was against the principle of natural justice. 

However, the pleas were opposed by the counsel for the respondent authorities who argued that the pleas were not maintainable as an alternate remedy was available to the petitioner of filing an appeal against the order of their dismissal. 

Justice Mathur noted that the petitioners in the present case were teachers who were caught red-handed along with the other group of persons in a hotel at Udaipur who were solving the papers for dummy candidates.

He further highlighted that there was no satisfactory explanation from the petitioners about their presence in the hotel at Udaipur with the persons, who were involved in helping the dummy candidates.

"...such persons like the petitioners who are involved in malpractices, unconstitutional and unethical acts do not deserve any leniency in the matter," opined the court. 

"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," further said the court. 

In view of the same, court dismissed the writ petitions. 

Case Title: Bhagirath v. State of Rajasthan and Other with connected matter