MEHMOOD ALAM TARIQ STATE OF RAJASTHAN Vs. STATE OF RAJASTHAN:KUNJ BIHARI SHARMA

JUDGEMENT

(1.) These appeals by Special Leave, arise out of the judgment, dated, February 6, 1987 of the Division Bench of High Court of Rajasthan disposing of, by a common judgment a batch of writ appeals and writ petitions, in which was involved the question of the validity of certain provisions of the Recruitment Rules made and promulgated under the proviso to Art. 309 of the Constitution by which in respect of the scheme of competitive examinations to be conducted by the Public Service Commission for recruitment to certain branches of the civil services under the State. Certain minimum qualifying marks in the viva-voce test were prescribed.

(2.) The Division Bench, by its judgment under appeal, declared as arbitrary and unconstitutional this prescription in the rules which required that the candidates for selection to Administrative Service, the Police Service, and the Forest Service of the State should secure a minimum of 33% of the marks prescribed for the viva-voce examination. In these appeals the correctness of the High Court's view is questioned by the State of Rajasthan, its Public Service Commission and the successful candidates whose selections were, in consequence of invalidation of the rule, quashed by the High Court. The Writ Petition No. 286 of 1987 before us, is by another batch of candidates selected by the Public Service Commission for issue of a writ of mandamus, directing the State to effectuate the selection and issue orders of appointment. By an interlocutory order, dated 13-3-1987 the operation of the judgment under appeal was stayed by this court. The result of this stay is that there was no impediment to effectuate the Select-List dated 17-7-1986.

(3.) The Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examinations) Rules 1962, ('1962 Rules for Short); the Rajasthan Administrative Service Rules 1954, the Rajasthan Police Service Rules 1954, the Rajasthan forest Service Rules 1962 contain a provision, special to the said three services, and not applicable to other services, that candidates, other than those belonging to Scheduled Castes and Scheduled Tribes, should secure a minimum of 33% of marks in the viva-voce test. It is this Rule which is the centre of controversy. The Rules also stipulate that candidates for these three services must also secure 50% in the written examinations; but that is not in the area of controversy.