RPE 2022 PRE LEVEL 3

Regarding Section 1 & 2 (Title, Commencement & Definitions): (1) What is the core APO trap regarding the definition of "examinee" under Sec 2(d)? (2) Who provides the definitions for undefined words in this Act? (3) Does "unfair means" strictly apply only to examinees?

(1) Core Trap: The term "examinee" explicitly includes a person authorized to act as a scribe on his behalf. • (2) Undefined Words [Sec 2(g)]: Words used but not defined herein, but defined in the Indian Penal Code, 1860, shall have the same meanings. • (3) Scope Trap: No, unfair means includes actions taken "in relation to an examinee" [Sec 2(f)(i)] but also covers "in relation to any person" [Sec 2(f)(ii)] who impersonates, leaks, attempts to leak, solves, or assists in an unauthorized manner.

Regarding Section 4 & 5 (Authorized/Engaged Personnel Restrictions): (1) What is the strict time constraint in Section 4? (2) What is the key exception allowing exam workers to disclose information under Section 5?

(1) Time Constraint: Authorized personnel shall not act (open/leak/possess/solve) before the time fixed for opening and distribution of question papers. • (2) Exception: Personnel engaged with exam work shall not divulge information except where permitted by virtue of his duties so to do.

Regarding Section 6, 7 & 8 (Unauthorized Persons & Place Restrictions): (1) Who is completely prohibited from entering the center premises under Section 7? (2) Which location is legally valid for an exam under Section 8?

(1) Prohibition: No person who is not entrusted/engaged with exam work, or who is not an examinee, shall enter the premises. • (2) Authorized Place: No place other than the examination center shall be used for holding public examinations.

Regarding Section 9 (Offences by Management, Institution or others): (1) Who is held vicariously liable for offences by an institution under Sec 9(1)? (2) What must an in-charge person prove to trigger the Proviso exception? (3) How does Section 9(2) override the Proviso?

(1) Liability: The entity itself AND every person who at the time was in charge of, or responsible for the conduct of business, shall be deemed to be guilty. • (2) Burden of Proof Exception: They must prove that the offence was committed without his knowledge AND that he exercised all due diligence to prevent it. • (3) Overriding Effect: Notwithstanding sub-section (1), if it is proved the offence was committed with the consent or connivance of, or is attributable to any neglect by any director, partner, or manager, they shall also be deemed guilty.

Regarding Section 10 (Penalties) - Examinees vs. Any Person: (1) What is the exact punishment trap for an "examinee" under Sec 10(1)? (2) What is the exact punishment trap for "any person" under Sec 10(2)? (3) What is the distinct penalty for default of fine for both?

(1) Examinee Penalty: Imprisonment up to 3 years AND fine which shall not be less than 1 lakh rupees. • (2) Any Person Penalty: Minimum imprisonment of 5 years (extendable to 10 years) AND fine shall not be less than 10 lakh rupees (extendable to 10 crore rupees). • (3) Default Penalty: Examinee default = imprisonment for 9 months. "Any person" default = imprisonment for 2 years.

Regarding the Proviso to Section 10 (Penalties): (1) Can the strict minimum 5-year sentence for "any person" under Section 10(2) be reduced?

(1) Exception/Proviso: Yes, the Court may for any adequate and special reasons to be recorded in the judgement impose a sentence of imprisonment for a term of less than five years.

Regarding Schedule I & II (Examination Authorities): (1) Which core authorities are expressly listed under Schedule-I defining "examination authority"?

(1) Core Authorities Listed: • 1. Rajasthan Public Service Commission (RPSC) • 2. Rajasthan High Court • 3. Rajasthan Staff Selection Board • 4. State Funded Universities • 5. Rajasthan Board of Secondary Education • 6. Rajasthan Police Recruitment and Promotion Board, Jaipur • 7. State-owned PSUs, Societies, Corporations, Local Bodies, and any authority/recruitment committee appointed by the State Government.