SURGHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The issue in these petitions relates to the Rajasthan State and Subordinate Services Combined Competitive (Preliminary) Examination, 2018 under the Rajasthan State and Subordinate Services (Direct Recruitment by combined competitive examination) Rules, 1999 (hereafter Rules of 1999'). The said examination for recruitment is to be conducted in two stages i.e.

(2.) The dispute in these petitions relates to the interpretation of Rule 15 of the Rules of 1999 and the question as to whether the reserved category candidates despite being more than 15 times the number of vacancies reserved for such candidates be allowed to write the main examination if they have secured more marks in the Preliminary Examination than the last of the candidates (15 times) qua the vacancies in the Open Category.

(3.) Counsel for the parties agree that the issue agitated in these petitions is also before the Apex Court in the case of The Rajasthan Public Service Commission vs. Garima Sharma and Another Petition for Special Leave to Appeal (c) No(s).21910/2018 and other connected matters. Therein vide interim order dated 31.8.2018, the Apex Court while issuing notice on the aforesaid petition has stayed the judgment passed by the Division Bench of this Court wherein it was held that candidates who applied in the reserved category could not migrate to the open category for the Main Examination even if their performance at the preliminary examination was better than the open category candidates who were entitled to the main examination being within 15 times the vacancies advertised in the said category. A similar issue is also admittedly pending before the Apex Court in the case of Rajasthan Public Service Commission vs. Mansi Tiwari and Another Petition for Special Leave to Appeal (c) No(s).22134/2018 and other connected matter where the Apex Court has issued notice on 27.8.2018.