Govind Mathur, J. - (1.) All the three petitioners coming from Other Backward Class, faced process of selection to be recruited as Patwari and secured 175.33 (petitioners No.1&2) and 174.67 (petitioner No.3) marks. The cut-off marks for the Other Backward Class (Male) as declared by the Rajasthan Public Service Commission are 176, thus, the petitioners were not placed in the list of selected candidates. Their grievance is that the cut-off marks for General category are 178 and there are number of persons placed in the category of Other Backward Classes, who are having marks more than 178. Reference of Serva Shri Phool Singh, Shiv Shanker, Gopal Sahu, Rameshwar Lal, Hemant Namdev, Trilok Chand Kaswan and Sukhaveer Singh is given, who are coming from the category of Other Backward Class and having marks more than 180. As per the petitioners, these persons should have been enlisted with General category and then a list of the selected persons from Other Backward Class should have been drawn.
(2.) As per the reply submitted on behalf of Rajasthan Public Service Commission, the persons named by the petitioners secured marks above the cut-off marks settled for Other Backward Class, but they were placed in the list of their own category in view of the fact that a benefit of age relaxations and concessions in the payment of fees was extended to them. The persons sought to be placed in the General category though belonging to Other Backward Classes, as per the respondents could have not been considered eligible, if the concessions and relaxations available to reserved categories would have not been given to them. It is asserted that in view of the fact that the persons concerned availed relaxations and exemptions, therefore, they were considered under the category to which they belong irrespective of the quantum of marks obtained by them.
(3.) The issue involved in this petition for writ is that whether the persons coming from reserved categories, if secures bearth amongst general candidates, but availed exemption and relaxation required to be considered under reserved category on basis of general merit.;