CW 3666/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** 1-Civil Writ Petition No.3666/2008 Satveer Singh Versus RPSC & State 2-Civil Writ Petition No.4122/2008 Manoj Kumar & (4) Ors Versus RPSC & State 3-Civil Writ Petition No.2953/2008 Lichhaman R. Dainya & Premram Versus RPSC & State 4-Civil Writ Petition No.3051/2008 Kamal K. Swami Versus RPSC & State 5-Civil Writ Petition No.3497/2008 Desh Deepak Versus State & RPSC 6-Civil Writ Petition No.3482/2008 Ratan Singh Lamba Versus RPSC 7-Civil Writ Petition No.3170/2008 Rajeev Choudhary Versus RPSC 8-Civil Writ Petition No.3125/2008 OP Kuri & (5) Ors Versus RPSC & State 9-Civil Writ Petition No.3347/2008 Vikas Bharia Versus State & RPSC 10-Civil Writ Petition No.3442/2008 Ameelal Yadav Versus State & RPSC 11-Civil Writ Petition No.3771/2008 Ghevaram Versus State & RPSC 12-Civil Writ Petition No.3799/2008 Raj Kumar Versus State & RPSC 13-Civil Writ Petition No.3491/2008 Lalit M.SinghVersus State & RPSC 14-Civil Writ Petition No.3438/2008 Abdul Sadeek & (2) Ors Versus RPSC & State 15-Civil Writ Petition No.3081/2008 Pawan K.Kataria & (6) Ors Versus State & RPSC 16-Civil Writ Petition No.4421/2008 Shankar lal & (3) Ors Versus RPSC & State 17-Civil Writ Petition No.4422/2008 Kapoora Ram & Heera Ram Versus RPSC & State 18-Civil Writ Petition No.3056/2008 Pyarelal Jat Versus RPSC & State 19-Civil Writ Petition No.3102/2008 Harmeet S.Makkar Versus RPSC & State 20-Civil Writ Petition No.3275/2008 Amit Kumar Versus RPSC & State Date of Order ::: 16/05/08 Hon'ble Mr. Justice Ajay Rastogi CW 3666/08 //2// Advocates:- Sarva Shri SP Sharma, Rajendra Soni, VS Faujdar, S.K.Singodia, PS Sirohi, Bharat Saini, Vikram S.Nain, Sunil Yadav, SS Hora, Mahendra S.Gurjar, DS Dhariwal, Pradip Kalwania, Rohitashw Kajla, Pradip Mathur, DD Khandelwal, & Dhanraj Bhaskar, for petitioners; Mr. SN Kumawat, for respondent RPSC Mr. HV Nandvana, Govt. Counsel) Mr. Alladin Khan, Dy. Govt. Advocate), for State At joint request, since all these petitions involve common question pertaining to cut off marks belonging to OBC category being higher than cut-off marks for general category fixed by respondent-RPSC in Rajasthan State & Subordinate Services Combined Competitive Examination, 2007; as such are finally heard and disposed of at admission stage. Counsel for petitioners submit that criteria fixed U/r 15 of Rajasthan State & Subordinate Service (Direct Recruitment by Combined Competitive Examination) Rules, 1999 (“Rules, 1999”) in a ratio of 1:15 for category reserved for Other Backward Class (OBC), which is higher than cut off marks of general category is not legally sustainable; and which has been considered by co-ordinate Bench at principal seat of this Court at Jodhpur in Bhawani S.Kaviya & others Vs. State & others (CWP-2307/08 decided on 13/05/08 – copy of judgment has been produced at the Bar) whereby finally it has been directed ad infra: CW 3666/08 //3// “For the reasons, whatever stated above, this petition for writ deserves acceptance, hence the same is allowed. The cut off marks as notified on 13.3.2008 are declared illegal. The respondent Commission is directed to re-determine the cut off marks for General Category, Other Backward Classes, Scheduled Castes, Scheduled Tribes including females in all categories by first preparing a list of all the candidates as per merit irrespective of belonging to the categories for those vertical-social reservation is prescribed. Instead of determining the cut off marks afresh, the respondent Commission is also given an alternative by permitting to appear in second stage i.e. the main examination of the Rajasthan State and Subordinate Combined Competitive Examinations – 2007 to all those 689 persons from Other Backward Classes who have secured higher marks than the cut off marks determined for general categories, those are 193.4 (in general) and 148.96 (in general female).” Per contra, Counsel for respondent RPSC submits that issue resolved by co-ordinate Bench at Jodhpur requires further consideration since judgments referred to therein have not been appreciated in right perspective. However, since controversy raised herein stands resolved and finally decided by co-ordinate Bench at Jodhpur (supra), in the light of judgment in Bhawani S.Kaviya & others Vs. State (supra), all these writ petitions are accordingly disposed of in terms of observations quoted (supra). (Ajay Rastogi), J. K.Khatri/p3/3666CW08obc-1605ras.doc