Stand of the petitioners was that each one of them had obtained 35 marks in each of the law papers and 40 marks in aggregate.
In terms of the scheme of the examination, only those candidates who obtained a minimum of 35 marks in each law paper and 40 in aggregate were eligible to be called for interview.
The shortfall was on account of number availability of candidates in SC and ST categories.
Four writ petitions were filed at Jodhpur Bench of the Rajasthan, High Court.
Commission issued interview letters to 302 candidates in respect of 116 vacancies.
For the posts in question, stipulation was that candidates numbering three times the number of posts adverised in each category were eligible to be called for interview.
Synoptical resumption of the factual position, almost undisputed is as follows On 1.6.2001 an advertisement to recruit 116 Munsif Magistrates was issued by the Commission out of which 59, 24, 19 and 14 were earmarked for the General, OBC, SC and ST categories respectively.
2003 3 SCR 206 The Judgment was delivered by ARIJIT PASAYAT, J. Civil Appeal Nos.
They were disposed of on 20th December, 2001 by the impugned companymon judgment.
Therefore, the Commission had to call 210 candidates by treating the number of posts available in the general category to be 70 i.e. 59 as originally fixed and 11 on account of number availability of candidates in SC ST categories .
In the Writ Petitions the petitioners had sought for the following directions a by an appropriate writ order or direction, the Respondents may kindly be directed to companysider more candidates from general category as per the posts available and as per the companydition 2 advertisement b by an appropriate writ, order or direction, the Respondents may kindly be directed to implement the companydition 2 of the advertisement for filing up the reserved vacancies adopting the general procedure c any other appropriate writ, order or direction which this Honble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the Petitionerd writ petition filed by the Petitioner may kindly be allowed with companyts.
In case of number availability of SC ST candidates, the available seats were to be filled up by candidates belonging to general category.
The Respondent Commission is directed to call number less than 210 candidates from the General Category for interview instead of 189.
Though the number of posts were 59 in the General category, 189 candidates were called for interview as several candidates who had obtained marks similar to the last candidate had to be called for interview.
3615 3618 of 2002 In these appeals by Rajasthan Public Service Commission in short the Commission and its Chairman, challenge is to the legality of companymon judgment by a Division Bench of Rajasthan High Court disposing of four writ petitions.
