Honble Dr. LAKSHMANAN, CJ.–This writ petition was filed by a practising Advocate at Jaipur Bench of Rajasthan High Court with the following prayer:-

``(i) Issue an appropriate writ, order or direction directing the RPSC to prepare a list of candidates to the main examination by accommodating all reserved category candidates first in the general category if such candidates secured position in the general category on their merit standing and thereafter prepare a list for the reserved category candidates including the OBC category;

(ii) declaring the part of rule 15 of the Rules that permits preparation of the list of candidates to be admitted to the main examination from the candidates who were taken the preliminary examination category wise as violative of Articles 14, 15, 16 and 21 of the Constitution of India.

(2). It is stated that this writ petition was filed in public interest so as to protect the interest of other backward classes to ensure that benefit of reservation to OBC category is not denied to them. It is claimed that the petitioner has been associated with the movement for protection of the interest of other backward class of the State.

(3). The other writ petitioners were filed by petitioners who are members of the other backward class community (OBC) who have submitted their application as members of the OBC for the current preliminary examination held by the Rajasthan Public Service Commission (hereinafter referred as `the RPSC). It is stated that these writ petitions were filed by the petitioners challenging the action of the RPSC under which for the Rajasthan State & Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1999 (hereinafter referred as `the Rules of 1999) lists have been drawn for admission to the main examination in terms of Rule 15 of the Rules. The main grievance of the petitioners is that the RPSC has interpreted rule 15 in a manner that has turned out to be highly oppressive to the interest of the reserved category i.e. SC, ST and OBC. It is stated that the grave injustice done to the SC, ST and OBC can be appreciated from the fact that while a general category candi-date securing 203 marks has been admitted to the main examination, the OBC candidates securing 203 marks have been denied admission to the main examination. It is stated that the RPSC has prepared the list category wise in a manner that the list of general category candidates has been prepared excluding the entire reserved category notwithstanding the fact that reserved category candidates on account of their merit standing can be positioned in the general category. A direct consequence of this is that the RPSC has brought about a positive reservation of 51% in favour of the unreserved category. Such reservation in favour of unreserved category amounts to massive affirmative action in favour of general category which is constitutionally impermissible as it violates the mandate of Article 14 & 16 of the Constitution of India. It is also further alleged that the reservation in favour of general category is constitutionally not envisaged and on that account also, the RPSC action cannot be sustained.

(4). The examination of 1999 is being organised by the RPSC in terms of Rajasthan State & Subordinate Services (Direct Recruitment by Combined Competitive Examinations), Rules, 1999. The preliminary examination came to be held on 29.11.99 and in respect of some papers it was held on March 12, 2000. The result of the preliminary examination came to be declared on 27.5.2000. The RPSC has permitted a general category candidate securing 203 marks to be admitted to main examination. However, in respect of OBC category, a candidate securing 203 marks or less have been denied admission to main examination. The cut-off marks for the general category has been reckoned 203 marks while for OBC category, the same has reckoned as 204 marks. It is, therefore, submitted that the action of the RPSC ruins down the very concept

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