M.N.BHANDARI,J. - (1.) The writ petitions were filed by the petitioner-non-appellants to challenge the selection and result of the Preliminary Examination of the Rajasthan State and Subordinate Services Combined Competitive Examination, 2016 where separate merit list was published for Special Backward Class ("SBC") to call for Mains Examination. The reservation to SBC was struck down by this court. The writ petitions were allowed with a direction to declare the result afresh thus present special appeals have been filed by the appellant-Rajasthan Public Service Commission to challenge the order passed by the learned Single Judge. Brief Facts of The Case:
(2.) The Rajasthan Public Service Commission (in short "the RPSC") issued an advertisement on 28th April, 2016 to invite applications for Rajasthan State and Subordinate Services Combined Competitive Examination, 2016. The selection was divided in three parts - Preliminary Examination for shortlisting, Mains Examination and interview. The candidates were called for appearance in the Preliminary Examination for short-listing. The result thereupon was declared fifteen times to each category in pursuance of Rule 15 of the Rajasthan State and Subordinate Service (Direct Recruitment by Combined Competitive Examination) Rules, 1999 (for short "the Rules of 1999"). It was for Open Category, Scheduled Castes, Scheduled Tribes, Other Backward Class and Special Backward Classes. After declaration of result, reservation provided to the SBC was struck down by the Division Bench of this court in bunch of writ petitions led by Captain Gurvinder Singh and Ors. v. State of Rajasthan, DB Civil Writ Petition No.1645/2016, decided on 9th December, 2016 .
(3.) In view of the judgment in the case of Captain Gurvinder Singh (supra), the candidates were to be called fifteen times to each category after eliminating SBC. Accordingly, the RPSC did call any candidate from SBC category but shifted them in the category of OBC candidates. The outcome of the aforesaid was two-fold. Firstly, appearance of OBC category candidates in the Mains Examination in excess to fifteen times is in violation of Rule 15 of the Rules of 1999 and, at the same time, denial of opportunity to open category candidates by equal number. The RPSC should have revised the result so as to maintain it in consonance to Rule 15 of the Rules of 1999. In the background aforesaid, writ petitions were filed to seek compliance of Rule 15 of the Rules of 1999.;