Judgment

VENKATACHALIAH, J. :- 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 Courts view is questioned by the State of Rajasthan, its Public Service Commission and the successful candidates whose selections were, in cons