1. - The petitioner in the present case is working on the post of Teacher Grade II (Mathematics). He was appointed vide order dated 1.7.1994 with the Education Department of the State. While in service, he came across an advertisement issued by the RPSC on 7.3.2002 advertising 529 posts of Headmasters. Petitioner being eligible applied for the appointment on the said post. He eventually cleared the written examination and was then called for interview. The respondent-RPSC in the result declared on 18.12.2003 placed his name at S.No.106 of the waiting list of the general candidates.

2. Petitioner belongs to other backward classes (for short-OBC). His grievance is that had the law of reservation been correctly applied by the respondents, he would have secured appointment on the post of Headmaster.

3. Shri Dinesh Yadav, learned counsel appearing for the petitioner has argued that the respondent-RPSC in preparing merit list of the Headmasters has included 13 candidates in the category of OBC, even though they secured more marks than the last candidate of the general category. In the originally filed writ petition, though the petitioner asserted that there were 10 such candidates