The Supreme Court has set aside the bail of two men
accused of using a dummy candidate in a public recruitment examination saying
the offence "chinks" faith of the people in the public administration
and the executive.
A bench of Justices Sanjay Karol and Ahsanuddin
Amanullah allowed the appeal filed by the state government challenging the bail
order by the Rajasthan High Court.
"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," the bench said.
The court said in reality there were far more
government job takers than available jobs in India.
The FIR alleged that one Indraj Singh compromised
the sanctity of the Assistant Engineer Civil (Autonomous Governance Department)
Competitive Examination, 2022 as a "dummy candidate" on his behalf
appeared for the exam.
The attendance sheet was allegedly tampered with,
and the fake candidate's photograph was affixed to the original admit card.
The top court, in its order dated March 7, directed
the accused to surrender before the court concerned in two weeks.
Each job filling required adhering to the prescribed
entry examination or interview process, it added.
"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. Each act, such as the one
allegedly committed by the respondents represent possible chinks in the faith
of the people in the public administration and the executive," the bench
said.
The top court said the accused tried to compromise
the sanctity of the exam for their own benefit, affecting several aspirants who
put in an earnest effort to appear in the exam with the hopes of securing a
job.
Agreeing with the trial court that the men did not
deserve bail, the court said, "It is also true that every person has a
presumption of innocence working in their favour till and such time the offence
they are charged with, stands proved beyond reasonable doubt." The top court, therefore, observed the men should "stand
trial" for it be "established by the process of law" that they
were innocent.