Honble KOKJE, J. – This reference has come to me under Rule/61-A of the Rules of the High Court of Judicature for Rajasthan, 1952 on difference of opinion between Honble B.R. Arora, J. and Honble J.C. Verma, J, the learned Judges of the Division Bench which heard the petition on the same being withdrawn from a single Bench.

(2). The petition came up before the Single Bench according to roster. On July 4, 1996 the learned Single Judge issued an ad interim writ directing the respondents to publish the result of the preliminary examination of Rajasthan State and Subordinate Services Combined Competitive Examination 1994 (hereinafter called `The Examination) categoriwise for the Scheduled Caste Candidates, the Scheduled Tribes Candidates, the Other Backward Class Candidates and the rest of the candidates in general category separately. It was also directed that the number of candidates permitted to take the main examination should be fifteen times of the vacancies. It was further directed that the main examination be not held on the basis of the results of the preliminary examination already published which were under challenge. On August 1, 1996, the learned Single Judge by a detailed Order dismissed the application under Article 226 (3) of the Constitution of India filed by the respondents and confirmed the earlier ad-interim writ issued with a modification that if the Rajasthan Public Service Commission decides to publish the result of preliminary examination categoriwise then the main examination may be held but the result of the main examination so held should not be declared till the pendency of the writ petition.

(3). The Rajasthan Public Service Commission (hereinafter referred to as `Commission) filed a D.B. Civil Special Appeal (Writ) No. 427/96 against the order dated August 1,1996 before the Division Bench. On August 9, 1996 the Division Ben- ch hearing the appeal withdrew the petition from the Single Bench and transferred the case to a Division Bench observing that there were sufficient questions of law of great importance involved in the matter and therefore the matter deserved to be heard and decided by a Division Bench. This is how the main S.B. Writ Petition went before the regular Division Bench and was heard along with D.B. Civil Special Appeal (Writ) No. 427/96.

(4). The petitioners are candidates for recruitment to Rajasthan State and Subordinate Services Combined Competitive Examination 1994. Under the Scheme of the examination a preliminary examination is held and the candidates who successfully clear the preliminary examination only are allowed to take the main examination. Cut-off marks are applied for the preliminary examination on the basis of which success or failure of the candidates is decided. These marks are not counted for any other purpose than for qualifying to take the main examination. Out of the successful candidates in the preliminary examination candidates equivalent to fifteen times the number of posts available are allowed to take the main examination. It is also provided in the Scheme that if there is a short fall in the number of candidates available for the main examination according to the aforesaid norms in the Scheduled Castes and Scheduled Tribes (for short `SC and `ST hereinafter) categories, the Commission may lower down the cut-off marks by five percent in case of SCs and STs candidates.

(5). The petitioners belong to Other Backward Class (for short `the OBC hereinafter) category. It is common ground that reservations have been provided by a general order in the Government employment to SC, ST and OBC. Reservation to the SC and ST candidates was available when initially the Rules were framed in the year 1962. Subsequently in the year 1994 reservations were also granted to OBCS. The petitioners contended that the results of the preliminary examination have to be declared separately categoriwise for the SC, ST and OBC and the general or unreserved class. It was also contended that the

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