Honble ARORA, J. – Both the writ petition and the special appeal raise a common controversy and, therefore, they are being disposed of by this common judgment.

(2). The petitioners are the members of Other Backward Classes (for short, `the O.B.C.). An advertisement dated 21.11.94 was issued by the Rajasthan Public Service Commission, Ajmer inviting applications for Direct Recruitment to Rajasthan State and Subordinate Services by Combined Competitive Examination, 1994. The petitioners being eligible for these services, also, applied for the same. The Preliminary Examination for the State and Subordinate Services were held on 10.12.94 and the result of the Preliminary Examination was declared by the Rajas- than Public Service Commission, Ajmer (for short `the Commission) on 10.4.96. The Commission neither gave the benefit of proviso to rule 13 of the Rules, 1962 to keep the cut off marks upto 5% less than the general candidates to the O.B.C., and the result of the Preliminary Examination was not declared category-wise. The petitioners, therefore, challenged the declaration of the result of combined examination by this writ petition and prayed that the respondents may be directed to publish a separate list of the result of O.B.C. candidates fifteen times of the total approximate number of the vacancies advertised by Advertisement Annexure .1. It has, also been prayed that the respondents may be directed to give benefit of the 5% less cut off marks to the O.B.C. candidates also as has been given to the members of Scheduled Castes and the Schedules Tribes as per the proviso to rule 13 of the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1962 (for short, `the Rules, 1962).

(3). The writ petition filed by the petitioners has been opposed by the State of Rajasthan as well as by the Rajasthan Public Service Commission. According to the respondents, the benefit of 5% less cut off marks as per rule 13 of the Rules, 1962 is available only to the Scheduled Caste and Scheduled Tribes candidates and not to the candidates of Other Backward Classes and the Rules no where provides for category-wise publication of the result.

(4). It is contended by the learned counsel for the petitioners that (i) the benefit of 5% less cut off marks, as provided under proviso to rule 13 of the Rules, 1962 should be extended to the candidates of Other Backward Classes also, as has been done in the cases of the candidates belonging to the Scheduled Castes and the Scheduled Tribes as Scheduled Castes, Scheduled Tribes and Other Backward Classes from the same class; (ii) the result of the preliminary examination should be declared category-wise and should include 15 times of the posts reserved for the Other Backward Classes; and (iii) the reservation policy made applicable to the Other Backward Classes cannot be implemented in its true sense without category-wise declaring the result.

(5). Learned counsel for the Commission as well as the learned Additional Advocate General, on the other hand, have submitted that the proviso to rule 13 is applicable only to the Scheduled Castes and Scheduled Tribes candidates and not to the candidates of Other Backward Classes as they do not constitute the same class; and (ii) the category-wise declaration of the result is not envisaged by the Rules.

(6). I have considered the submissions made by the learned counsel for the parties.

(7). The first question which requires consideration is : whether the benefit of 5% less cut off marks available to the Scheduled Castes and Scheduled Tribes as per proviso to rule 13 of the Rules, 1962, is available to the O.B.C. candidates also or it can be extended to them?

(8). The Examination for Rajasthan State and Subordinate Services are conducted under the Rajasthan State and Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1962, made by the State Government under Article 309 of the Constitution of India. T

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