SHARMA, J. - (1.) CAN the Public Service Commission interpret the statutory rules operating in the field in such manner so as to impose its own policy decision? is the core question that emerges in this cluster of writ petitions.
(2.) THE petitioners in the instant writ petitions seek judicial review of the action of Rajasthan Public Service Commission (for short `rpsc'), whereby the RPSC in exercise of powers under Rule 15 of the Rajasthan State & Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1999 (for short `1999 Rules') invited the candidates for interview by including the candidates in the general category on the strength of their merit irrespective of their status being in the reserved or non reserved category. The grievance of the petitioners is that RPSC should have positioned placement in the general category only of the candidates who do no belong to the reserve category. In other words the stand of the petitioners is that at the stage of being invited for interview the placement in the general category is the exclusive privilege of the non reserved category and inclusion of reserved category candidates in such a list on account of their merit is legally untenable. Before proceeding further, it will be appropriate to take stock of relevant statutory provisions. Rule 4 of 1999 Rules provides that combined competitive examination for the state and subordinate services shall be conducted by RPSC. Part III, which covers rule 6 to rule 22 prescribes procedure for holding examination. Rule 13 prescribes for minimum and maximum age for being eligible to appear in the examination. Proviso 1 to Rule 13 provides that the upper age limit (33 years) shall be relaxed by 5 years in the case of woman candidate and the candidates belonging to the Scheduled Castes and the Scheduled Tribes of Rajasthan. As per Proviso 11 to Rule 13 the upper age limit for the candidate belonging to other Backward Classes shall be 35 years. Sub rule 2 of Rule 9 provides that those candidates who qualify for interview shall be subsequently required to submit more detailed information in their application in the printed form approved by the commission and obtainable from the Secretary to the commission on payment of such fee if any, as may be fixed by the Commission from time to time. Rule 15 of 1999 Rules provides thus: " 15. Scheme of Examination, personality and Viva-voce Test. The competitive Examination shall be conducted by the Commission in two stages i. e. Preliminary Examination and Main Examination as per the scheme specified in Schedule-III. The marks obtained in the Preliminary Examination by the Candidates, are declared qualified for admission to the Main Examination will not be counted for determining their final order of merit. The number of candidates to be admitted to the Main Examination will be 15 times the total approximate number of vacancies (Category wise) to be filled in the year in the various services and posts but in the said range all those candidates who secure the same percentage of marks as may be fixed by the Commission for lower range will be admitted to the main Examination. Candidates who obtain such minimum qualifying marks in the Main Examination as may be fixed by the Commission in their discretion shall be summoned by them for an interview. The Commission shall award marks to each candidate interviewed by them, having regard to their character, personality, address, physique and knowledge of Rajasthan Culture. However, for selection to the Rajasthan Police Service Candidates having `c' Certificate of NCC will be given preference. The marks so awarded shall be added to the marks obtained in the Main Examination by each such candidates; Provided that the Commission, on intimation being received from the Government before declaration being result of the Preliminary Examination may increase or decrease the number of vacancies advertised. "
(3.) RULE 17 of 1999 RULEs relates to recommendation of the Commission by RPSC and it reads as under:- " (1) The Commission shall prepare for each service a list of the candidates arranged in order of their of the candidates as disclosed by the aggregate marks finally awarded to each candidate. If two or more of such candidates obtain equal mark 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 the candidates (s) belonging to the other Backward Classes/scheduled Castes/scheduled Tribes, who get placement in the merit list as a result of special concession given to them in terms of `age' and `fees' or such other concession granted by the Government shall be counted against the reserved vacancies determined for the candidates belonging to the other Backward Classes/scheduled Castes/scheduled Tribes irrespective of the marks obtained by them. (2) The Commission, while giving weightage to the preference for the posts in the different services expressed by a candidate in his/her application, may recommend him/her for appointment to any post in any such service for which it considers him suitable. (3) The list complied under this rule shall be immediately sent to the Government and also be published for general information. " Scheme of examination as per rule 6 of 1999 Rules is specified Schedule-III, which reads as under:- " (1) Scheme of Examination - The Competitive Examination will be held in two successive stages: (i) Preliminary Examination (ii) Main Examination. (i) Preliminary Examination - The Preliminary Examination will consist of two papers, i. e. one Compulsory paper and one Optional paper, which will be of objective type and carry a maximum of 400 marks in the subjects mentioned in Sec. A and B. The Examination is meant to serve as a screening test only. The marks obtained in the Preliminary Examination by the candidates, who are declared qualified for admission to the Main Examination will not be counted for determining their final order of merit. The number of candidates to be admitted to the Main Examination will be 15 times the total approximate number of vacancies (category wise) to be filled in the year in the various services and posts, but in the said range all those candidates who secure the same percentage of marks as may be fixed by the Commission for any lower range will be admitted to the Main Examination. Section A - Compulsory Paper (General Knowledge & General Science ). . . Section B - Optional Papers (22 Papers ). . . (ii) Main Examination - The written examination will consist of the following papers. A candidate must take all the compulsory papers and any two of the optional papers and any two of the optional papers listed below. Each of the optional subjects will have two papers. The time allowed for each papers shall be 3 hours. List of papers. . (2) Personality and Viva-voce examination (see rule 15);- (i) Candidates who obtain such minimum qualifying marks in the written test of the Main Examination as may be fixed by the Commission in their discretion shall be summoned by them for an interview for a personality test which carries 160 marks. It is obligatory for a candidate to appear in the compulsory papers. (ii) The Commission shall award marks to each candidate interviewed by them. In interviewing the candidates besides awarding marks in respect of character, personality, address, physique marks shall also be awarded for the candidate's knowledge of Rajasthan Culture. However, for selection to the Rajasthan police service, candidates having `c' Certificate of NCC shall be given preference. The marks so awarded shall be added to the marks obtained in the written test by each such candidate. " Learned counsel for petitioners canvassed that the RPSC issued an advertisement inviting applications for appearing in Rajasthan State and Subordinate Combined Competitive Examination, 2003 (for short `examination' ). The advertisement was published in different news papers on April, 15, 2003, wherein it was indicated that combined competitive examination shall be conducted for recruitment of eight state services and four subordinate services. It was also indicate total number of posts, break up on the basis of caste reservation and further break up of reservation for the women category, male category, disabled category, Serving non-gazetted employees and departmental employees category. The total advertised posts were 493. The examination was to be conducted in accordance with 1999 Rules that were framed under proviso to Article 309 of the Constitution of India. ;