NARESH SHARMA Vs. RPSC AJMER

JUDGEMENT

(1.) CAN the Public Service Commission interpret the statutory rules operating in the field in such manner so as to impose its own policy decision? is the core question that emerges in this cluster of writ petitions.

(2.) THE petitioners in the instant writ petitions seek judicial review of the action of Rajasthan Public Service Commission (for short `rpsc'), whereby the RPSC in exercise of powers under Rule 15 of the Rajasthan State & Subordinate Services (Direct Recruitment by Combined Competitive Examination) Rules, 1999 (for short `1999 Rules') invited the candidates for interview by including the candidates in the general category on the strength of their merit irrespective of their status being in the reserved or non reserved category.

(3.) RULE 17 of 1999 RULEs relates to recommendation of the Commission by RPSC and it reads as under:- " (1) The Commission shall prepare for each service a list of the candidates arranged in order of their of the candidates as disclosed by the aggregate marks finally awarded to each candidate. If two or more of such candidates obtain equal mark in the aggregate the Commission shall arrange their names in the order of merit on the basis of their general suitability for the service; Provided that the candidates (s) belonging to the other Backward Classes/scheduled Castes/scheduled Tribes, who get placement in the merit list as a result of special concession given to them in terms of `age' and `fees' or such other concession granted by the Government shall be counted against the reserved vacancies determined for the candidates belonging to the other Backward Classes/scheduled Castes/scheduled Tribes irrespective of the marks obtained by them. (2) The Commission, while giving weightage to the preference for the posts in the different services expressed by a candidate in his/her application, may recommend him/her for appointment to any post in any such service for which it considers him suitable. (3) The list complied under this rule shall be immediately sent to the Government and also be published for general information. "