ORDER

Mr. B.D. Sharma, learned counsel for Public Service Commission, takes notice.

We have heard learned counsel for the parties.

Leave granted.

2. This appeal by special leave arises from the judgment and order of the High Court of Rajasthan, made on August 30, 1996 in Civil Writ Petition No. 1579/96. The Government of Rajasthan issued a notification on September 28, 1993 declaring reservation to the extent of 21% of the posts in various services of State of Rajasthan reserved for the OBCs which was given statutory force by Rule 8-A of the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examinations) Rules, 1962 (for short, the Rules ) w.e.f. September 28, 1993. Notification dated November 21, 1994 was issued calling applications for recruitment to 275 posts in administrative and subordinate services; of them, 137 were for general candidates; 52 for OBCs.; 50 for Schedules Castes; and 36 for Schedules Tribes. On April 9, 1996, Preliminary Examinations were conducted and results of the candidates for final examination were declared. Candidates belonging to OBCs came to challenge the vires of the proviso to Rule 13.

3. Rule 13 of the Rule prescribes