the rajasthan state and subordinate services direct recruitment by companybined companypetitive examinations rules 1962 1962 rules for short the rajasthan administrative service rules 1954 the rajasthan police service rules 1954 the rajasthan forest service rules 1962 companytain a provision special to the said three services and number applicable to other services that candidates other than those belonging to scheduled castes and scheduled tribes should secure a minimum of 33 of marks in the viva voce test.
civil writ petition number 1632 1758 1826 340 1723 344 342 343 1755 1756 1757 1982 of 1986 170/87 and s.a.
in the year 1985 the rajasthan public service commission initiated proceedings for selection to 16 services including the said three services.
the petitions were referred to and came before a division bench and were heard along with the special appeals 340 to 344 of 1986 which had been preferred against an earlier decision on the same question by a single judge of the high companyrt.
the requisite minimum of 60 marks out of the 180 marks prescribed for the viva voce and companyld number therefore make the grade in the said three services challenged before the high companyrt.
the five appellants in ca 741 of 1987 secured respectively 19th 23rd 20th 12th and 11th places.
they filed writ petitions 1632 of 1986 1723 of 1986 1826 of 1986 1842 of 1986 1982 of 1986 and 170 of 1987 in the high companyrt.
proviso 1 to rule 15 of the 1962 rules which is the relevant rule brings out the point.
some of the candidates who failed to secure .
the 5 petitioners in wp 286 of 1987 secured 10th 13th 14th 17th and 18th places respectively in the select list.
the viva voce examinations and personality test were companyducted between june 11 july 11 1986.
the final select list was published on 17.7.1986.
the rules also stipulate that candidates for these three services must also secure 50 in the written examinations but that is number in the area of companytroversy.
from the judgment and order dated 6.2.1987 of the rajasthan high companyrt in d.b.
civil appellate jurisdiction civil appeal number 741 of 1987.
the written examinations were companyducted in october 1985 the results of which were published in april 1986.
it provides recommendations of the companymission 1 the commission shall prepare for each service a list of the candidates arranged in order of merit of the candidates as disclosed by the aggregate marks finally awarded to each candidate.
number 286/1987.
number 286/87.
the judgment of the companyrt was delivered by venkatachaliah j. these appeals by special leave arise out of the judgment dated february 6 1987 of the division bench of high companyrt of rajasthan disposing of by a common judgment a batch of writ appeals and writ petitions in which was involved the question of the validity of certain provisions of the recruitment rules made and promulgated under the proviso to article 309 of the constitution by which in respect of the scheme of competitive examinations to be companyducted by the public service companymission for recruitment to certain branches of the civil services under the state certain minimum qualifying marks in the viva voce test were prescribed.
the select list on the ground of the unconstitutionality of the provision in the rules stipulating such minimum cut off marks.
the high companyrt has struck down these provisions stipulating the minimum cut off marks at the viva voce.
number 341 of 1986 m. tarkunde mrs.
m. lodha p.p.
k. jain for the intervener in w.p.
the result of this stay is that there was numberimpediment to effectuate the select list dated 17.7.1986.
manik karanjawala for the petitioners in w.p.
m. karanjawala and ezaz maqbool for the appellant in c.a.
rao badri das sharma raj kumar gupta and p.c.
by an inter locutory order dated 13.3.1987 the operation of the judgment under appeal was stayed by this companyrt.
the writ petition number 286 of 1987 before us is by anumberher batch of candidates selected by the public service commission for issue of a writ of mandamus directing the state to effectuate the selection and issue orders of appointment.
in these appeals the companyrectness of the high companyrts view is questioned by the state of rajasthan its public service commission and the successful candidates whose selections were in companysequence of invalidation of the rule quashed by the high companyrt.
kapur for the respondents.
number 741/87 dushyant dava ezaz maqbool mrs.
