Mr. Kanwaljit Singh Ahluwalia, J.

1. The Rajasthan Public Service Commission (herein after to be called as the ‘R.P.S.C.’) issued an advertisement dated 12.01.2015 (Annexure-1) inviting applications for recruitment to the post of College Lecturers for imparting studies to the students in the Colleges established in the State of Rajasthan by Rajasthan State Government, Post of College Lecturer for different subjects for advertised to be precise for twenty-eight subjects.

2. Petitioner, herein belongs to the Other Backward Class Category and had applied for the post of College Lecturer in the subject of Physics. The R.P.S.C. conducted a written competitive examination for the recruitment to the post of College Lecturers and a candidate had to attempt three questions papers of having weight-age of 75, 75 and 50 marks respectively. Twenty-four marks were reserved for the interview and the merit list was to be prepared taking into account the numbers obtained by the candidate in the written competitive examination and interview. Thus, merit list was to be prepared after clubbing marks obtained in written competitive examination and interview.

Petitioner, herein has not been called for the interview.

3. Admittedly, the petitioner, herein has obtained more marks in the written competitive examination than the last candidate called for interview in the general category. The petitioner has apprehension that the respondent-R.P.S.C. will not call her for interview as respondent-R.P.S.C. may oust petitioner because she has not secured necessary cut off marks in the reserved category of the Other Backward Classes.

4. Hence, present petition has been preferred under Article 226 of the Constitution of India praying interalia that a direction be issued to the respondent - R.P.S.C. to consider the petitioner in the General Category as marks obtained by the petitioner are more than the last cut off marks obtained by the last candidate in the General Category.

5. This Court would have waited till respondent - R.P.S.C. had taken final decision.

6. The R.P.S.C., is relying upon a judgment rendered by the Division Bench of this Court in the case of State of Rajasthan and another v. Hanuman Jat and Others, (D.B. Civil Special Appeal (W) No.635 of 2016, decided on 13.05.2016, wherein it was held that the preliminary examination is only screening examination for preparing list of candidates in general and reserved category for calling them to undertake written competitive examination as preliminary examination or screening examination determine bench mark for participation in written competitive examination. It will be pertinent to note that case of Hanuman Jat (supra) was in respect of Rajasthan State & Subordinate Services, where marks obtained by candidate in preliminary or screening examination are not carried forward.

7. Division Bench in Hanuman Jat’s case (supra) further held that since the marks obtained in the preliminary examination are not to be counted, therefore, for calling the candidate for written-examination respective list for each category, be it general or reserve category be prepared on the basis of marks secured in the preliminary examination. Thus, qua each category list on the basis of marks obtained in preliminary or screening examination had to operate for participation in written competitive examination in respect of Rajasthan State & Subordinate Services. Therefore, according to Hanuman Jat’s case (supra) the candidate in the reserved category, who has secured more marks than the last candidate in general category cannot be considered in the General Category for determining his eligibility to appear in the written examination. In other words, as per case of Hanuman Jat (supra), no migration of reserved category candidate to general category is permissible even though candidate belonging to reserved category has secured more marks than the last candidate in general category.

8. Mr. M.F. Baig, learned counsel appearing for the