VYAS, J. - (1.) IN this writ petition, the petitioner has prayed that the respondents may be directed to allow the petitioner to appear in the interview, as the interview process is undergoing and if the interview - process is over, then the respondents may be directed to constitute a Committee to interview the petitioner and if the name of the petitioner appears in the merit list, then he may be assigned appropriate services. He has also prayed that the order dated 12. 7. 2005 may be quashed and set aside.
(2.) BRIEF facts giving rise to the instant petition are that in response to an advertisement dated 6. 4. 2003 published by the Rajasthan Public Service Commission (for short, the RPSC), inviting applications for examination of selection to various State and Subordinate Services, the petitioner applied in the prescribed application form. In the application form, the petitioner has mentioned that he belongs to Other Backward Class (OBC) category. Thereafter, the petitioner cleared the Preliminary Examination and he was permitted to take the Main Examination. The petitioner cleared the Main Examination. On 7. 6. 2005, the petitioner was informed by the RPSC that he has been declared provisional successful in the Main Examination and his personality and viva-voce test will be held on 25. 6. 2005 at 9. 30 A. M. at the Commission Office, Ajmer. He was also directed to bring all the original documents along with the latest passport size photographs. After receiving the interview call, the petitioner applied for OBC certificate which, according to the petitioner, was issued on 22. 6. 2005. It is further averred in the instant petition that on 20. 6. 2005, the petitioner received a telegram from the RPSC that result for R. A. S. Examination, 2003 was declared under Category OBC, NGE. After scrutiny of the application form of the petitioner, it was found that he is only eligible under GEN, NGE category and as a result of cut off marks fixed the GEN, NGE category candidates, he was found unsuccessful for the interview, therefore, he need not come for interview, scheduled to take place on 25. 6. 2005. Apart from that, the petitioner has not attached OBC certificate with the Form duly filled up by him. However, thereafter, the petitioner made an application that due to certain contingencies, he has not filed OBC certificate, but the same shall be filed during the interview. The application of the petitioner was rejected vide letter dated 12. 7. 2005 (Annexure 6 ). Being aggrieved by the letter dated 12. 7. 2005 and the above mentioned facts and circumstances, the petitioner preferred the instant petition. It is submitted by the learned counsel for the petitioner that RAS and RTS Examinations, 2003 are conducted under the Rajasthan State & Subordinate Services (Direct Recruitment by Combined Competitive Examinations) Rules, 1999 (hereinafter referred to as the `the Rules, 1999' ). Rule 11 deals with the Admission to the Examination, which reads as under:- "11. Admission to the Examination:- (1) Any person may apply to be admitted as a candidate for appearing at the preliminary Examination for any one or more of the Posts/services specified in the Notice for which he/she is eligible and in such case only one application and one payment of fee shall be sufficient. Those of the candidates who qualify at the main examination to be summoned by the Commission for an interview shall be required to indicate in the printed application from their preference for the Posts/services for which he/she would like to be considered for allotment on the date of interview of the concerned candidates. (2) The eligibility, including factors relating nationality, and training of a candidate for admission to the examination for appointment to a particular post in a service shall be considered in accordance with the provisions contained in the rules in that behalf relating to that particular service. (3) The applications which are found to be incomplete and have not been filed in accordance with the instruction issued by the Commission shall be rejected by them at the initial stage. The Commission shall permit rest of those candidates to appear in the examination provisionally to whom they consider it proper to grant the certificate of admission. No candidate shall be admitted to an examination unless he holds a certificate of admission to that examination granted by the Commission. Before appearing at the examination, it should be ensured by the candidate himself/herself that he/she fulfills the condition in regard to age, educational qualifications, experience, if any, etc. as provided in the Rules. Being allowed to take the examination shall not entitle the candidate to presumption of eligibility. The Commission shall scrutinise later on the applications of such candidates only as qualify in the written examination and shall call only the eligible candidates to viva- voce, if any. (4) The decision of the Commission as to the admission of a candidate to an examination, eligibility and consequent admission to viva-voce, if any, shall be final. (5) Notwithstanding anything contained about the calculation of age in any rule governing direct recruitment through the agency of the Commission to the post in the State Services and in the Subordinate Services mentioned in Schedule I and Schedule II respectively, the age shall be calculated as on the first day of January next following the last date fixed for receipt of application. " It is further submitted by the learned counsel for the petitioner that the request of the petitioner was wrongly turned down by the letter dated 12. 7. 2005 issued by the RPSC on the ground that now, it is not possible for Commission to change the category. The petitioner being an OBC category candidate, has requested the RPSC that due to certain contingencies, he has not submitted his OBC certificate, but the same shall be produced by him at the time of interview. It is submitted that the petitioner was required to produce all the original documents on 25. 5. 2005.
(3.) IT is also submitted by the learned counsel for the petitioner that even if it is assumed that the caste certificate is required to be submitted along with the application form under the Rules, then the procedural rules are directory in nature and these Rules cannot be interpreted in such a manner so as to divest the petitioner from appearing in the interview. In support of his contentions, learned counsel for the petitioner has placed reliance on Shri Krishan vs. The Kurukshetra University, Kurukshetra (AIR 1976 SC 376) and Charles K. Skaria vs. C. Mathew (1980) 2 SCC 752. In Shri Krishan's case (supra), it was held by their Lordships of the Supreme Court that once a candidate is allowed to take the examination, rightly or wrongly, then the statute which empowers the University to withdraw the candidature of the applicant has worked itself out and the candidate cannot be refused admission subsequently for any infirmity. In the instant case, while filling up the form of preliminary examination, the candidate described himself to be an OBC/ng employee, whereas, at the time of filling up the detailed form, after the result was declared, he described himself to be a candidate belonging to General Category. Therefore, this authority if of no help or assistance to the learned counsel for the petitioner, in view of the peculiar facts and circumstances of the instant case. ;