( 1 ) PETITIONER appeared and qualified for the Central Civil Service Examination 2002, conducted by the Union Public Service Commission (UPSC ). Petitioner being a `jat by caste and a resident of Rajasthan had applied for issuance of the Other Backward Class Certificate (OBC) Category. This certificate had been denied. Petitioner qualified even in the general category with a rank of 127. Petitioner s case is that he is entitled to the OBC Certificate and upon the same being granted, his ranking would go up and he would get a better posting.

( 2 ) PETITIONER by this writ petition seeks a writ of certiorari, quashing notification dated 8. 9. 1993, 28. 9. 1993 and Circular dated 2. 2. 2001, based on which the petitioner is sought to be excluded from the benefit of the OBC category as part of the "creamy layer". Petitioner also seeks a mandamus, directing the respondents to issue forthwith a OBC certificate for the year 2002 for the Civil Services Examination, conducted by UPSC.

( 3 ) BY writ petition bearing No. 6168/2003, apart from seeking quashing of the notifications dated 8. 9. 1993, 28. 9. 1993 and Circular dated 2. 2. 2001, as sought in W. P. (C ). No. 1085/2003, seeks quashing of the communication dated 25. 3. 2003, by which the Department of Personnel and Training, Government of India, on a complaint received cancelled the candidature of the petitioner even for the Civil Services Examination 2001, as an OBC candidate, following the cancellation of the OBC Certificate by the District Collector and Magistrate, Alwar. As a result of the cancellation of the OBC Certificate for the year 2001, petitioner does not qualify as a general candidate and is not entitled to get any service on the basis of the said Civil Service Examination. Vide interim order passed on 19. 5. 2003, it was noted that the posting of the petitioner would be subject to final decision in the writ petition.

( 4 ) BEFORE adverting to the factual matrix and the relevant text of the notifications in question, it may be noticed that notification dated 8. 9. 1993 bearing No. 36012/22/93-Estt. (SCT) is issued by the Department of Personnel and Training, Government of India, while notification dated 28. 9. 1993 has been issued by the Department of Personnel, Government of Rajasthan and Circular dated 2. 2. 2001 has been issued by the Department of Personnel, Government of Rajasthan, clarifying persons to whom rule of exclusion shall apply or not apply, as given in the notification dated 28. 9. 1993.

( 5 ) THE crux of the controversy is the exclusion of the petitioner under the notification, issued by the Central Government and the State Government, insofar as they relate to the service category on the ground that the father of the petitioner had retired as a Class I Officer. Petitioner thus formed part of the "creamy Layer" and was not entitled to the benefit of the OBC. The text of notifications dated 8. 9. 1993, 28. 9. 1993 as well as the clarification, insofar as they are relevant for the present case is reproduced for facility of reference:-

"notification dated 8. 9. 1993 subject:- reservation for Other Backward Classes in Civil posts and Services under the Government of india-Regarding. The undersigned is directed to refer to this Department s O. M. No. 36012/31/90. Estt. (SCT), dated the 13/08/1990 and 25/09/1991 regarding reservation for Socially and Educationally Backward Classes in Civil Posts and Services under the Government of India and to say that following the Supreme Court judgment in the Indira Sawhney and others Vs. Union of India and others case (Writ Petition (Civil) No. 930 of 1990) the Government of India appointed an Expert Committee to recommend the criteria for exclusion of the socially advanced persons/sections from the benefits of reservations for Other Backward Classes in Civil posts and services under the Government of India. 2. Consequent to the consideration of the Expert Committee s recommendations this Department