DHARAMVEER THOLIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -

(2.) 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."

(3.) ACCORDING to the petitioners the rational interpretation of Rule 15 require that all reserved category candidates who secured place in the merit list on the strength of their merit deserve to be counted in the general category. In D.B. Civil Writ Petition No. 3346/2000, the following questions of law have been raised:- (i) Whether it is permissible for the R.P.S.C. to draw a list in terms of Rule 15 by excluding reserved category from general category notwithstanding the fact that reserve category persons on their merit standing find placement in general category ? (ii) Whether it is permissible for the R.P.S.C. to have a higher cut off standard for the O.B.C. as compare to the general category ? (iii) Whether it is constitutionally permissible for the R.P.S.C. to operate Rule 15 in a manner that disadvantaged sections, reserved category (OBC) is made to suffer handicaps on account of reservation as compare to general category ? (iv) Whether Rule 15 as interpreted by R.P.S.C. is unconstitutional has offended Articles 14, 15(4) and 16(4) of the Constitution of India? (v) Whether Rule 15 as interpreted by R.P.S.C. is contrary to law laid down by Apex Court ? (vi) Whether general category can be codified as non reserved category and excluded in all situations meritorious reserved category candidates and can find place in general category on their own merit standing ? (vii) Whether the massive affirmative action in favour of general category (non reserved category) is permissible under Article 15 and 16 of the Constitution of India ?