Explained: What is Rajasthan govt’s law to curb cheating in exams?

It was passed after the Ashok Gehlot-led Congress government in Rajasthan was criticised over the question paper leak during the Rajasthan Eligibility Examination for Teachers (REET) examination last year.

Why has the Rajasthan government passed anti-cheating law?

Earlier this year, the special operations group (SOG) of the Rajasthan Police revealed that the question paper of the REET level II examination held in September last year was leaked from the office of the education department and was sold for more than Rs 1 crore. So far, the SOG has arrested more than 40 people in connection with the leak.

Those arrested include aspirants who received the leaked paper, people who leaked it, and those who made deals to sell the question paper.

The Jaipur district coordinator of the REET exam, who was appointed by the Rajasthan Secondary Board of Education (RBSE), was also arrested. After the scandal became public, the government dismissed the RBSE chairman and took action against officials.

The incident caused major embarrassment to the Rajasthan government as the paper was leaked days before the examination. Meanwhile, the state government ordered officials to suspend internet services across the state on the day of the exam to prevent cheating.

As the opposition BJP consistently cornered the Congress government and demanded a CBI probe, the Gehlot government decided to cancel the examination. It was then that the Chief Minister announced that a law will be enacted in the state Assembly with provisions of stringent punishment for those involved in leaking question papers and other irregularities in public recruitment examinations.

The provisions of the Act

Under the Act, “No person, who is entrusted or engaged with any work pertaining to public examination shall, except where he is permitted by virtue of his duties so to do, directly or indirectly divulge or cause to be divulged or make known to any other person any information or part thereof which has come to his knowledge by virtue of the work being so entrusted to him.”

The law also bars any other place other than the examination centre for the purpose of holding public examinations. As per the law, whenever an offence is committed by Management or Institution or Limited Liability Partnership or others, every person who was in charge at the time the offence was committed shall be deemed to be guilty of the offence. Such individuals shall also be liable to pay all cost and expenditure related to the examination determined by the designated court and shall be banned forever.

All offences specified under this Act, shall be cognizable, non-bailable and non–compoundable.

Any examinee using unfair means will attract imprisonment of up to three years and a fine of not less than Rs 1 lakh. In case of default of payment of fine, the examinee shall also be liable to be punished with imprisonment of either description for a term of nine months.

“An examinee who has been convicted of an offence under the provision of this Act shall be debarred from taking any public examination for a period of two years,” says the Act.

The law further adds that if any person, including examinee, whether entrusted or authorised with the conduct of public examination or not, in conspiracy or otherwise indulges or attempts to indulge in unfair means or contravenes or abets to contravene any of the provisions of the Act, they shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to imprisonment of 10 years.

In such a case, the fine shall not be less than Rs 10 lakh but which may extend to Rs 10 crore and in case of default of payment of fine such a person shall also be liable to be punished with imprisonment of either description for a term of two years.

The Act says the investigating officer can confiscate or attach the properties of the accused after obtaining prior permission from the state government.

“Where it is not practicable to seize such property, make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such order or, as the case may be, the Designated Court and a copy of such order shall be served on the person concerned,” it adds.

The law further says the investigating officer shall duly inform the designated Court, within 48 hours of the seizure or attachment of such property. It shall be open to the Court to either confirm or revoke the order of seizure or attachment.

Under the Act, the state government will have the power of appointing designated courts to try offences punishable under this Act and all cases under the Act will be tried by these courts.

What has the government said about the law?

The state government, in a statement, said: “In matter of recruitment to the posts under the State Government the leakage of question papers not only betrays the trust of the general public but the State too suffers substantial administrative cost when examinations have to be called off.”

The government also said that a fair and reasonable process of selection to posts, subject to the norm of equality of opportunity under Article 16 (1) of the Constitution of India, is a constitutional requirement. A fair and reasonable recruitment process is a fundamental requirement of Article 14 as well, the government added.

Back in 1992, the then state government had enacted the Rajasthan Public Examination (Prevention of Unfair Means) Act to curb irregularities and use of unfair means in public examinations. The Gehlot government has said that since more than three decades have passed since the inception of the above Act, the issue has assumed dimension of organised crime and involves huge pecuniary advantages to nefarious persons.

“Moreover, quantum leap in the field of information and technology during the last decade has given rise to use of new deceitful and unfair means to defeat the conduct of public examinations in a fair manner,” the government said while justifying the need for the new law.

“Since the Act of 1992 is not serving the purpose of tackling this menace, the State Government has decided to bring a new law to prevent use of unfair means in public examinations conducted for purpose of recruitment and to limit the scope of the Act of 1992 to public examinations conducted for the purpose of award degrees, certificates etc.,” reads the statement.

According to the government, the new law will provide for effective measures to prevent and curb the offences of question paper leak and use of unfair means during public examinations for the purpose of recruitment to any post under the state government including autonomous bodies, authorities, boards or corporations.

What has the Opposition said?

The BJP has asked why more stringent provisions were not included in the Act. Rajasthan BJP president Satish Poonia asked why the investigation officer needs to take prior permission from the state government to confiscate and attach properties under the Act.

He also said that there is confusion whether action will be taken as per the provisions of the 1992 law or the latest law enacted by the Assembly on Thursday.

“Why does the debarment of examinees for two years not be extended to life imprisonment? From which time the debarment will be counted? From the time of getting caught, on the chargesheet being filed, charges being framed or on conviction?” said Poonia.