The Supreme Court overturned bail granted to two accused who used a fake candidate in Rajasthan’s government recruitment exam. The Court stated that such cheating harms public trust and deserving candidates.
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NEW DELHI: The Supreme Court of India cancelled the bail given by the Rajasthan High Court to two accused persons involved in cheating in a government recruitment exam. The case involved using a fake candidate to appear in place of another person during the exam.
The Supreme Court Bench, including Justice Sanjay Karol and Justice Ahsanuddin Amanullah, mentioned that acts like these create “possible chinks” in the trust people have in public administration and the executive.
The Court highlighted the seriousness of maintaining fairness in government job exams.
It said clearly,
“In India, the reality is that there are far more takers of Government jobs than there are jobs available. Be that as it may, each job which has a clearly delineated entry process – with prescribed examination and/or interview process, has only to be filled in accordance thereof. Absolute scrupulousness in the process being followed instills and further rejuvenates the faith of the public in the fact that those who are truly deserving of the positions, are the ones who have deservedly been installed to such positions.”
The Supreme Court was listening to an appeal filed by the Rajasthan government challenging the bail given to two accused persons, Indraj Singh and Salman Khan, by the Jaipur Bench of Rajasthan High Court.
According to the government lawyers, Indraj Singh spoiled the fairness of the Assistant Engineer Civil (Autonomous Governance Department) Competitive Examination-2022 by arranging a dummy candidate. Salman Khan allegedly appeared in place of Indraj Singh in the exam. Later, the police arrested Khan and found a cheque of Rs 10 lakh, given to him by Indraj Singh, as evidence.
Initially, the lower court had refused bail to both accused. However, the Rajasthan High Court later granted them bail, saying no person had yet been appointed after the exam, and there was not enough clear evidence proving that Singh arranged Khan as a dummy candidate.
But the Supreme Court, in its decision on March 7, disagreed with the Rajasthan High Court’s decision and said clearly that the trial court was right in not granting bail.
“Considerations by the High Court of lack of criminal antecedents and the period of custody are perfectly valid criteria for grant of bail, but the Court while giving due credence to them, cannot lose sight of the primary offence and its effect on society,”
-the Supreme Court said.
The Court further explained that many thousands of candidates appeared for this exam, and the accused persons unfairly tried to harm the honesty and fairness of the examination.
They added that by doing this, the accused possibly harmed the dreams and efforts of many honest students who had worked hard to secure a government job.
Therefore, the Supreme Court decided that the bail given to these accused persons was incorrect, and they should go through a proper trial to show they were innocent.
The Supreme Court has directed both accused persons to surrender to the trial court within two weeks. They have also allowed the accused to apply for bail again only after the main witnesses have been examined during the trial.
The Supreme Court carefully noted that-
“We are conscious of the fact that bail once granted is not to be set aside ordinarily, and we wholeheartedly endorse this view. The view taken hereinabove, however, has been taken keeping in view the overall impact of the alleged acts of the respondent-accused and its effect on society.”
In this case, Additional Advocate General Shiv Mangal Sharma, along with advocates Amogh Bansal and Nidhi Jawal, represented the Rajasthan government.
The accused persons were represented by advocates Jaydip Pati, Nishant Bishnoi, and Srishti Prabhakar.
CASE TITLE:
The State of Rajasthan v Indraj Singh Etc.
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