THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.9298 of 2008 ORDER: The petitioner is working as Assistant Sub-Inspector in the Railway Protection force. The promotion to the post of Sub-Inspector is on the basis of performance of eligible candidates in the written test and interview. A notification, in this regard, was issued on 07-02-2008, and examination was conducted on 17-04-2008. The petitioner states that several candidates, who are otherwise not eligible to appear in the test, were issued hall tickets and that the question paper was leaked. It is also alleged that the question paper, answer script and an alleged copying material was seized from the petitioner, and when he was coming out of the examination hall, he found a question paper at the entrance, which obviously indicated that it was already leaked before the commencement of the examination. Petitioner submitted a representation dated 18-04-2008 to the Chief Security Commissioner, the 1st respondent herein, with a prayer to cause enquiry into the matter. This writ petition is filed with a prayer to direct the respondents to cancel the examination held on 17-04-2008, and to conduct fresh examination, strictly in accordance with law. It is urged that the very sanctity of the examination was eroded, and unless it is rectified, the selections would become illegal. Learned counsel for the petitioner submits that the respondents are under obligation to ensure sanctity of the examination, and on account of the leakage of paper, the very basis is shaken. Learned Standing Counsel for the respondents, on the other hand, submits that soon after receiving the complaint from the petitioner, detailed enquiry was conducted, during which, the statements of about 50 candidates were recorded. He contends that the petitioner failed to prove that the question paper was leaked, and that he made that allegation only to cover up the lapses on his part. The petitioner admits that on noticing an objectionable material from him, the Examiner debarred him. While he states that the question paper, answer script and the alleged chit were recovered from him, the respondents are of the view that the question paper remained with the petitioner. The Deputy Chief Security Commissioner, who conducted the enquiry, submitted his report on 25- 04-2008, stating that the allegations made by the petitioner, as regards leakage of question paper, were not proved. Therefore, the grievance of the petitioner stands redressed to a substantial extent, with the findings in the enquiry. The question, as to whether any ineligible candidates were invited for interview, can even be agitated, in case any Assistant Sub-Inspector is promoted, contrary to Rules. Therefore, the writ petition is dismissed, leaving it open to the petitioner to assail any appointments, if they are found to be contrary to law. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt:16-06-2008. KO