IMPORTANT POINT
Omission to provide same benefits to OBCs, as provided to Scheduled Castes and Scheduled Tribes, is not void under Articles 16(1) and 14 of the Constitution of India as OBCs cannot be declared alike the Scheduled Castes and Scheduled Tribes.

Headnote:(i) SERVICE LAW-Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1962-Rule 13, proviso-Interpretation of-Reservation to the extent of 21% of posts for OBCs-OBCs held not entitled to benefit of proviso to Rule 13 for reducing 5% of qualifying marks secured in Preliminary Examinations-Whether omission of OBCs in proviso to Rule 13 would violate Article 16(4) of Constitution ?-(No)-Scheduled Castes and Scheduled Tribes stand as two separate classes while OBCs stand apart.
       Held; proviso to Rule 13 confines the 5% further cut off marks in the Preliminary Examination from the lowest range fixed for general candidates. So, it is confined only to the Scheduled Castes and Scheduled Tribes who could not secure total aggregate marks on par with the general candidates. The Rule expressly confines the benefit of the proviso to Scheduled Castes and Scheduled Tribes. By process of interpretation, OBCs, cannot be declared alike the Scheduled Castes and Scheduled Tribes. The founding fathers of the Constitution, having been alive to the dissimilarities of the socio-economic and educational conditions of the Scheduled Castes and Scheduled Tribes and others segments of the society have given them separate treatment in the Constitution. The Constitution has not expressly provided such benefits to the OBCs except by way of specific orders and public notifications by the appropriate Government. It would, therefore, be illogical and unrealistic to think that omission to provide same benefits to OBCs, as was provided to Scheduled Castes and Scheduled Tribes, was void under Articles 16(1) and 14 of the Constitution. (Para 14)
       (ii) Constitution of India-Arts. 14 & 16-Article 16(4) is not exception but a facet of Articles 14 and 16(1)-It gives power to State to effectuate opportunity of equality to any backward class of citizens-Equality for unequals is secured by treating them unequally-Affirmative action or positive discrimination is inbuilt in equality of opportunity in status-Scheduled Castes and Scheduled Tribes stand as two separate classes while OBCs stand apart. (Para 13)

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 the mode of conducting preliminary as well as main examination. It reads as under :

"13. 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, 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 to be filled in the year in the various services and posts; provided they are otherwise eligible, but in the said range all those candidates, who secure the same percentage of marks as may be fixed by the Commission for any lowest range will be admitted to the Main Examination.

Provided further that if adequate number of candidates belonging to the Scheduled Castes/Scheduled Tribes are not available amongst the candidates to be declared qualified for admission to the Main Examination, the Commission may at their discretion keep the cut off marks upto 5 (five) per cent less than the General candidates.

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 candidates interviewed by them, having regard to their character, personality, address, physique and knowledge of Rajasthani Culture. However for selection to the Rajasthan Police Service Candidates having C certificate of N.C.C. will be given preference. The marks so awarded shall be added to the marks obtained in the Main Examination by each such candidate."

Rule 7 prescribes the syllabus for examinations and the subjects in which the candidates are required to write the examination as set out in Schedule III which deals in that behalf.

4. A reading of Rule 7 read with Schedule III would indicate that the scheme of Examination consists of :

(i) Preliminary Examination;

(ii) Main Examination.

The Preliminary Examination will consists of two papers i.e., one Compulsory Paper and one Optional Paper, which will be objective type and would carry a maximum of 400 marks in the subjects mentioned in Sections 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 or approximate number of

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1996 Supreme(SC) 1530

IMPORTANT POINTOmission to provide same benefits to OBCs, as provided to Scheduled Castes and Scheduled Tribes, is not void under Articles 16(1) and 14 of the Constitution of India as OBCs cannot be declared alike the Scheduled Castes and Scheduled Tribes.

Cases Referred (1)

IMPORTANT POINT
Omission to provide same benefits to OBCs, as provided to Scheduled Castes and Scheduled Tribes, is not void under Articles 16(1) and 14 of the Constitution of India as OBCs cannot be declared alike the Scheduled Castes and Scheduled Tribes.