Sangeet Lodha, J. - (1.) THIS special appeal is directed against order dated 8.4.08 passed by the learned Single Judge, whereby the writ petition preferred by the respondent No. 1 assailing the validity of order dated 13.8.07 issued by the appellant Rajasthan Public Service Commission (in short "RPSC" hereinafter) cancelling his candidature for Rajasthan Judicial Service Competitive Examination, 2005 (in short, "RJS Examination, 2005") has been allowed and while holding the order impugned illegal, the respondent No. 1 has been declared selected in the examination and accordingly, the appellant has been directed to proceed with alt consequential actions including to appoint the respondent No. 1 in RJS, if he is otherwise found eligible.
(2.) THE relevant facts in nutshell are that the respondent No. 1 appeared in RJS Examination, 2005 and was declared successful in the written examination. Accordingly, vide communication dated 15.5.07 the respondent No. 1 was informed by the RPSC that he has been declared successful for interview, therefore, he may fill up the form enclosed and return the same to the RPSC's office. The respondent No. 1 submitted the application form alongwith a certificate dated 30.12.94 showing that he belongs to OBC category. Vide communication dated 22.5.07 the respondent No. 1 was informed by the RPSC that he may appear for viva voce test on 20.6.07 provisionally, subject to eligibility as per Advertisement/Rules. After the viva voce test, vide communication dated 20.6.07 the respondent No. 1 was informed that he is required to submit the OBC certificate obtained after 15.4.96 in order to ascertain as to whether he actually belongs to OBC category. The respondent No. 1 obtained the requisite OBC certificate from the Tehsildar, Pali on 25.6.07 and submitted the same to the RPSC. The RPSC noticed a discrepancy in the two OBC certificates i.e. certificates dated 30.12.94 and 25.6.07 submitted by the respondent No. 1 to the effect that in the certificate dated 30.12.94 the respondent No. 1 was shown to be belonging to OBC (Non Creamy Layer) whereas, in the certificate dated 25.6.07, it was specifically mentioned that he belongs to OBC (Creamy Layer) category. In view of the discrepancy noticed as above, the RPSC issued a notice dated 16.7.07 seeking explanation of the respondent No. 1 regarding his father's job and various postings. The selection of the respondent No. 1 was cancelled by the RPSC vide order dated 13.8.07 on the ground that the respondent No. 1 had obtained the OBC certificate in the year 1994 by concealing the correct facts and thus attempted to avail the benefits available to OBC category candidates by producing a false certificate. That apart, the candidature of the respondent No. 1 was also rejected on the ground that he submitted the application claiming himself to be a candidate belonging to OBC non -creamy layer and depositing the concessional fee Rs.100/ -and thus, failed to deposit the requisite fees at the time of submission of the application form before the last date fixed. In these circumstances, the validity and correctness of the aforesaid order was assailed by the respondent No. 1 by way of writ petition before this Court.
(3.) IT is relevant to mention here that the respondent No. 1 while submitting the form claiming himself to be a person belonging to OBC (Non Creamy Layer) category had deposited the fee a sum of Rs. 100/ - as against Rs. 300/ - the fee applicable to the candidates belonging to General Category. However, vide communication dated 10.8.07, the respondent No. 1 deposited the deficit fee by way of postal order of Rs. 200/ -.;