- (1.) These appeals by Special Leave, arise out of the judgment, dated, February 6, 1987 of the Division Bench of High Court of Rajasthan disposing of, by a common judgment a batch of writ appeals and writ petitions, in which was involved the question of the validity of certain provisions of the Recruitment Rules made and promulgated under the proviso to Art. 309 of the Constitution by which in respect of the scheme of competitive examinations to be conducted by the Public Service Commission for recruitment to certain branches of the civil services under the State. Certain minimum qualifying marks in the viva-voce test were prescribed.
(2.) The Division Bench, by its judgment under appeal, declared as arbitrary and unconstitutional this prescription in the rules which required that the candidates for selection to Administrative Service, the Police Service, and the Forest Service of the State should secure a minimum of 33% of the marks prescribed for the viva-voce examination. In these appeals the correctness of the High Court's view is questioned by the State of Rajasthan, its Public Service Commission and the successful candidates whose selections were, in consequence of invalidation of the rule, quashed by the High Court. The Writ Petition No. 286 of 1987 before us, is by another batch of candidates selected by the Public Service Commission for issue of a writ of mandamus, directing the State to effectuate the selection and issue orders of appointment. By an interlocutory order, dated 13-3-1987 the operation of the judgment under appeal was stayed by this court. The result of this stay is that there was no impediment to effectuate the Select-List dated 17-7-1986.
(3.) The Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examinations) Rules 1962, ('1962 Rules for Short); the Rajasthan Administrative Service Rules 1954, the Rajasthan Police Service Rules 1954, the Rajasthan forest Service Rules 1962 contain a provision, special to the said three services, and not applicable to other services, that candidates, other than those belonging to Scheduled Castes and Scheduled Tribes, should secure a minimum of 33% of marks in the viva-voce test. It is this Rule which is the centre of controversy. The Rules also stipulate that candidates for these three services must also secure 50% in the written examinations; but that is not in the area of controversy. Proviso (1) to Rule 15 of the '1962 rules' which is the relevant Rule brings out the point. It provides "5. Recommendations of the Commission (1) The Commission shall prepare for each Service, a list of the candidates arranged in order of merit of the candidates as disclosed by the aggregate marks finally awarded to each candidate. If two or more of such candidates obtain equal marks in the aggregate, the Commission shall arrange their names in the order of merit on the basis of their general suitability for the service Provided that :- (i) the Commission shall not recommend any candidate for the R. A. S. /R. P. S. who has failed to obtain a minimum of 33% marks in the personality and viva-voce examination and a minimum of 50% marks in the aggregate. It shall also not recommend any candidate for other services who has failed to obtain a minimum of 45% marks in the aggregate. (ii) ...................... (2) Notwithstanding anything contained in proviso (i), the Commission shall in case of candidates belonging to the Scheduled Castes or Scheduled Tribes recommed the names of such candidates, up to the number of vacancies reserved for them from amongst those who have qualified for interview, even if they fail to obtain the minimum marks in viva voce or the aggregate prescribed under proviso (i) above." (Emphasis supplied) Similar is the purport of Proviso (i) to Rule 25 of the Rajasthan Administrative Service Rules 1954; the Rajasthan Police Service Rules 1954; the Rajasthan Forest Service Rules 1962 and the Rajasthan Forest Subordinate Service Rules 1963. The Rajasthan Public Service Commission conducts the competitive examination for selection for appointment to these and several other services under the State. The maximum marks for the written-examination is 1400 and for the viva-voce and personality test is 180, which constitutes 11.9% of the aggregate marks. Rules in relation to the Administrative Police and Forest Services require that candidates should secure 33% as minimum qualifying marks in the viva-voce. The High Court has struck down these provisions stipulating the minimum cut-off marks at the viva-voce. 3-A. In the year 1985 the Rajasthan Public Service Commission initiated proceedings for selection to 16 services including the said three services. The written examinations were conducted in October, 1985 the results of which were published in April, 1986. The viva-voce examinations and personality test were conducted between June 11 and July 11, 1986. The final Select-List was published on 17-7-1986. The five appellants in CA 741 of 1987 secured, respectively, l9th, 23rd, 20th 12th and 11th places. The 5 petitioners in WP 286 of 1987 secured 10th, 13th, 14th, 17th and 18th places respectively in the Select-List. Some of the candidates who failed to secure the requisite minimum of 60 marks out of the 180 marks prescribed for the viva-voce and could not, therefore, make the grade in the said three services challenged before the High Court, the Select-List on the ground of the unconstitutionality of the provision in the Rules stipulating such minimum cut-off marks. They filed Writ-Petitions 1632 of 1986, 1723 of 1986, 1826 of 1986, 1842 of 1986, 1982 of 1986 and 170 of 1987 in the High Court. The petitions were referred to and came before a Division Bench and were heard along with the Special Appeals 340 to 344 of 1986 which had been preferred against an earlier decision on the same question by a single judge of the High Court.;