ABDUL REHMAN Vs. STATE

JUDGEMENT

(1.) THE petitioner participated in the selection process under the Open Category for selection of the candidates for J&K; Combined Services (Mains) Examination as per SRO 161 of 1995 carried out by the Public Service Commission. Admittedly, the petitioner had successfully qualified the preliminary test and, thereafter, competed in the Mains Examination. When he was to apply for appearing in the Main Examination, he sought his consideration under the RBA Category, as by then he had obtained the RBA Certificate in his favour from the competent authority after having completed in the Preliminary Test in the Open Category. The Commission did not accede to his request and considered him in Open Category, where he could not make the grade for being called for interview. Being aggrieved of his non -summoning for viva -voce, he has filed the instant writ petition.

(2.) THE contention of Mr. Siddiqui is that in the Main Examination the petitioner was entitled to claim the benefit of reservation despite the fact that he had not competed in the Preliminary Examination under the RBA Category and was an Open Category candidate.

(3.) THE observation of their Lordships apply to the instant case with full force. Thus, the petitioner was not entitled to be considered under the RBA Category in the Main Examination, as he had appeared in the Preliminary Examination as an Open Category candidate.