1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.2203/2006 (Govind Singh Vs. State & Ors.) Date of order : 28.5.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Sandeep Saruparia, for the petitioner. Mr. B.L. Tiwari, Dy. Govt. Counsel. Heard learned counsel for the parties. In this case, the petitioner is seeking direction to the respondents that Rule 23 of the Rajasthan Police Subordinate Service Rules, 1989 in so far as it provides for minimum 36% marks in interview be declared ultra virus and be struck down. First of all Rule 23 of the Rules of 1989 is not applicable in this case in view of Rule 17 (1) of the Rules of 1989 in which it is provided that the applications for direct recruitment to the post of Constables in all the four Sections of the Scheduled-I 2 shall be invited by such officers and in such manner as may be laid down by the Director General-cum- Inspector General of Police. Further, at the time of issuing advertisement, it was made clear that incumbent is required to obtain 36% marks out of 10 marks prescribed for the interview. As per reply, admittedly, according to the procedure which is formulated by the respondents for the purpose of selection and published in the advertisement, the petitioner was required obtain 36% marks out of 10 marks but according to reply, he has secured only three marks out of 10 marks, therefore, obviously, the petitioner's merit was correctly assessed and he was not found suitable as per criteria laid down by the respondents. In this view of the matter, I see no reason to interfere in this writ petition. Accordingly, the same is dismissed. (GOPAL KRISHAN VYAS), J. arun