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25. As noticed above, several complaints were received by the State Government, alleging mal-practices and fraud in several selection processes held by JPSC, including the aforesaid 2nd Combined Civil Services Examination. On investigation, the allegations were prima facie found to be correct.

26. By letter dated 27.05.2010, the D.G.P. Vigilance sent its interim investigation report to the Vigilance Commissioner regarding 2nd Civil Services Examination. From this letter, it appears that the answer sheets and interview documents of about 37 candidates out of 172 candidates were examined, as sample, in which candidatures of 19 candidates were found tainted. He recommended that Government may consider removal of the tainted candidates. Permission was sought for lodging the FIR. It was also recommended that the assets of the Chairman and the members of the JPSC related to 2nd Civil Services Examination be got examined by C.B.I. It was further recommended that the Government may consider to handover the investigation with regard to 2nd Civil Services Examination as well as other examinations through C.B.I. The matter was referred to the Chief Secretary indicating the gist of preliminary enquiry.

31. The stand of the State in the writ petitions was inter alia as follows. There has been mal-practices in getting the candidates selected. FIR has been lodged with regard to such bungling alleging manipulation, interpolation in marks-in examination sheets and interview. The selection was anything but not on merit. The successful candidates got them selected due to relationship, influence, bribe etc. The candidatures of other candidates were wrongly rejected.

32. In view of such stand taken by the State, the writ petitions were allowed mainly on the ground that the termination orders were stigmatic and therefore were in violation of Article 311(2) of the Constitution of India, which article was applicable to probationers as well as regular employees. The writ petitioners were allowed to join their posts, on which they were working till they were duly served with show cause notices and were given opportunity of hearing. However, such joining was to be subject to final decision in the enquiry proceeding in the event the Government decided to hold an enquiry.

56. In the case of Inderpreet Singh Kahlon (supra) heavily relied on behalf of the selected candidates, the fact situation was different. In that case, a report was submitted by the committee stating that a distinction is possible to be made between the tainted and non- tainted officers but in the present case, the fact situation is different.

57. It appears that initially sample verification of 37 candidatures out of 172 was made, in which the cases of 19 candidates were found tainted. Then, it appears from the counter affidavit filed on behalf of State in the PIL that during further investigation, the answer books of 172 selected candidates were examined by the Vigilance Bureau, out of which 139 candidatures were found suspicious, in which the marks were increased or decreased after cutting and over writing. The answers books of 632 unsuccessful candidates who were also allowed to face the interview was also examined, in which it was found that the original marks of 120 candidates were reduced. The suspected mark-sheets of interview of 83 candidates were examined by the Forensic Science Laboratory, Gandhinagar, Gujrat which confirmed the incidences of manipulation and interpolation in the answer books and also in the marks given during the interview.

58. It also appears that not only there were interpolation, cutting and overwriting in the marks of successful candidates but it was done in the cases of unsuccessful candidates also.

59. Paragraph 19 of the counter affidavit filed on behalf of the State in PIL reads as follows.

"19. That the statements made in paragraph 17 of the writ application under reply it is submitted that the Answer Books of 172 selected candidates have been examined in the Vigilance Bureau. Out of 172, Answer Books of 139 candidates were found suspicious. The marks were increased or decreased after cutting and overwriting. The 368 Answer Books of 139 selected candidates were examined by D.F.S. Gandhi Nagar, Gujarat. Answer Books of 632 unsuccessful candidates who were allowed to face the interview were also examined by the team under the leadership of I.O. At first instance, it is apparent that the original marks of 120 candidates have been reduced, for the accuracy the copies would be sent to D.F.S. Gandhi Nagar, Gujarat for Expert opinion. In this way altogether 5628 Answer Books of 804 candidates were examined till date during the investigation of Vigilance P.S. Case No. 23/10 related to 2nd Combined Civil Services Examination conducted by the JPSC. Even suspected mark sheet of interview of 83 candidates have also been examined by the DFS, Gandhi Nagar, Gujarat. The aforesaid premier institute has also confirmed the incidences of manipulation and interpolation in the Answer Books, and also in the marks given during their interview. Hence it is not true and denied".