Prescribing minimum qualifying marks for the personality and viva voce examination in the selection process for public employment is arbitrary, unreasonable, and violative of Articles 14 and 16 of the Constitution.

1. - All these writ petitions relate to selections made by the Rajasthan Public Service Commission (hereinafter referred to as the Commission') for appointment, by way of direct recruitment, on the post of Assistant Conservator of Forest and Ranger Grade I. The post of Assistant Conservator of Forest (for short 'ACF", is a post included in the Rajasthan Forest Service and recruitment to the pots in the Rajasthan Forest Service and conditions of service of the persons appointed to the said post is regulated by the Rajasthan Forest Service Rules, 1962 (herein after referred to as the State Service Rules'). Under the State Service Rules, direct recruitment to the post in the Service is to be made by a competetivc examination conducted by the Commission. The said examination consists of written test to be followed by personality and viva voce examination. The written to test consists of 5 papers of 100 marks each, i.e. 500 marks in all. Three papers are for compulsory subjects and two papers are for optional subjects. Under Rule 24 of the State Service Rules, it is provided that the Commission shall call for interview such of the candidates who have obtained a minimum 35% marks in each of the compulsory subjects and a minimum of 40% marks in the aggregate in written test. It has also been provided in the said rule that the Commission may, in its discretion, award grace marks upto I in each of the compulsory papers and upto 3 in the aggregate. Earlier, the marks prescribed for the interview were 100. but by amendment introduced by notification dated 4th March, 1986 the said marks have been reduced to 60. Rule 24 also prescribes that the marks awarded in the interview shall be added to the marks obtained in the written test of each candidate. Sub-rule (1) of rule 25 of State Service Rule, lays down that the Commission shall prepare a list of the candidates recommended by them for direct recruitment to the Rajasthan Forest Service in the order of their proficiency as disclosed by the aggregate marks. In the proviso to the said sub rule. it has, however, been laid down that the Commission shall not recommend any candidate who has failed to obtain a minmmun of 33% marks, in the personality and viva voce examination and a minimum of 45% stark, in the aggregate. With regard to candidates belonging to Scheduled Caste and Scheduled Tribes, it has, however, been provided in sub-rule (2) of Rule 25 that the commission may recommend the name of such candidates upto the number of vacancies reserved for then from amongst those who have qualified for interview even if they fail to obtain the minimum marks in the personality and viva voce examination or in the aggregate prescribed under proviso to sub-rule (1) of Rule 25.

2. The post of Ranger Grad, I is included in the Rajasthan Subordinate Forest Service and recruitment to posts in and conditions of service of persons appointed to the Rajasthan Forest Subordinate Service is regulated by the Rajasthan Forest Subordinate Service Rules, 1963 (hereinafter referred to as 'the Subordinate Service Rules'). The Subordinate Service Rules also make provision for direct recruitment to the Rajasthan Forest Subordinate Service through a competetive examination held by the Commission. The said competelive examination also consists of a written test and personality and viva voce examination. The written test consists of five subjects out of which three are compulsory subjects and two are optional subjects carrying 100 marks each i.e. in all 500 marks. The personality and viva voce examination earlier carried 100 marks, but after amendment, vide notification dated 4th March, 1986, the marks for personalty and viva voce examination have been reduced to 60. In clause (f) of Rule 20 of the Subordinate Service Rules, it is provided that candidates who have obtained a minimum 35% narks in each of the compulsory subjects and minimum of 40 marks in the aggregate in written test shall be considered to have obt