Honble MATHUR, J.–The Governor of Rajasthan, to ensure fair and objective selections to various posts in State and Subordinate Services through direct recruitment, enacted the Rajasthan State and Subordinate Service (Direct Recruitment by Combined Competitive Examination) Rules, 1999 (hereinafter referred to as "the Rules of 1999"). The scheme of the examination for direct recruitment to the posts in the State and Subordinate Service under the Rules of 1999 is prescribed as follows:-

"15.Scheme of Examination, personality and Viva-voce Test.- -The Competitive Examination shall be conducted by the Commission in two stages i.e. Preliminary Examination and Main Examination as per the scheme specified in Schedule-III. The marks obtained in the Preliminary Examination by the Candidates, are declared qualified for admission to the Main Examination will not be counted for determining their final order of merit. The number of candidates to be admitted to the Main Examination will be 15 times the total approximate number of vacancies (Category wise) to be filled in the year in the varius services and posts but in the said range all those candidates who secure the same percentage of marks as may be fixed by the Commission for lower range will be admitted to the main Examination.

Candidates who obtain minimum qualifying marks in the Main Examination as may be fixed by the Commission in their discretion shall be summoned by them for an interview. The Commission shall award marks to each candidate interviewed by them, having regard to their character, personality, address, physique and knowledge of Rajasthani Culture. However, for selection to the Rajasthan Police Service Candidates having C Certificated of N.C.C. Will be given preference. The marks so awarded shall be added to the marks obtained in the Main Examination by each such candidate;

Provided that the Commission, on intimation being received from the Government before declaration being result of the Preliminary Examination may increase or decrease the number of vacancies advertised."

(2).The Commission, on 1.6.2007, notified the Rajasthan State and Subordinate Combined Competitive Examinations-2007 to make recruitment against 155 existing vacancies in State service and 426 existing vacancies in subordinate service. Out of 155 vacancies referred above a bifurcation of vacancies is as follows:-

State Services

Service/

Posts Total number

of Posts General Reserved Posts

S.C. S.T. O.B.C.

Gen. Female Gen. Female Gen. Female Gen. Female

1 2 3 4 5 6 7 8 9 10

Total 155 52 19 27 9 18 4 20 6

(3). The bifurcation relating to the vacancies of subordinate service, as given in the notification dated 1.6.2007, is as follows:-

Subordinate Services

Service/

Posts Total number

of Posts General Reserved Posts

S.C. S.T. O.B.C.

Gen. Female Gen. Female Gen. Female Gen. Female

1 2 3 4 5 6 7 8 9 10

Total 426 159 61 49 15 44 12 54 22

(4). The petitioners - members of Other Backward Class, faced first stage of the Rajasthan State and Subordinate Service Combined Competitive Examinations- 2007, i.e. preliminary examination. They are apprehending a loss in public recruitment because of execution mode adopted by the Rajasthan Public Service Commission while determining cut off marks for various categories.

(5). The Commission, on 13.3.2008, declared result of the first stage examination of 2007 and also declared category wise cut off marks and those are as given below:-

General General Female S.C. S.C. Female S.T. S.T. Female O.B.C. O.B.C. Female

1 2 33 4 5 6 7 8

193.14 148.96 156.64 118.58 165.54 113.91 206.90 161.83

(6). The higher cut off marks for OBCs than the general category is the noticeable fact and that is the cause giving rise to present controversy. The petitioners are the persons who have secured marks higher than the cut off marks determined for general categories and less to the cut off marks pertaining to the OBCs. The discontent among the petitioners is for the reason that against unreserved vacancies, commo

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