CHATTAR SINGH AND ORS. versus STATE OF RAJASTHAN AND ORS.

Citation: [1996] SUPP. 6 S.C.R. 696 · Decided: 24-09-1996 · Supreme Court of India · Bench: K. RAMASWAMY, K. VENKATASWAMI, G.B. PATTANAIK · Disposal: Disposed off
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Judgment (excerpt)

A 
B 
CHATTAR SINGH AND ORS. 
v. 
STATE OF RAJASTHAN AND ORS. 
SEPTEMBER 24, 1996 
[K. RAMASWAMY, K. VENKATASWAMI AND 
G.B. PATTANAIK, JJ.) 
SeIVice Law: 
C 
Rajasthan State and Subordinate SeIVices (Direct RecIUitment by com-
bined competitive Examinations) Rules, 1962: 
Rule 13 Proviso, read with Rule 7-Services of the Statt-21% reserva-
tion for O.B.Cs.-RecIUitment for the year 1991-RecIUitment by competitive 
examination-Preliminary examination and main examination-Number of 
D candidates to be examined in· main examination to be 15 times of total 
vacancies-Discretion of Commission to keep cut off marks upto 5% less 
than general candidates in case of Scheduled Caste and Scheduled Tribes if 
they are not in sufficient number to come up to 15 times of total num-
ber-Candidates belonging to O.B.C. category claiming the benefit of 5% cut 
E off in marks like Scheduled Caste and Scheduled Tribes-Held, 5% cut off 
marks in the preliminary examinations from the lower range fixed for general 
candidates is confined only to Schedule Caste and Scheduled Tribe can-
didates who could not secure total aggregate marks on par with the general 
candidates-The Rule expressly confines the benefit of the proviso to 
Scheduled Castes and Scheduled Tribes-By process of interpretation O.B.Cs. 
F cannot be declared alike the Scheduled Castes and Scheduled Tribes-Can-
didates belonging to OB Cs are not entitled to 5% cut off marks as provided 
under the proviso to Rule 13--However, in view of the latest amendment the 
Commission would prepare and publish separate lists of candidates in each 
category i.e. Genera~ OBCs, SCs, STs and physically handicapped so as to 
G make up number of candidates 15 times the vacancies and enable them to 
appear in the main examination. 
Constitution of India, 1950 : 
A11icles 14, 15(4), 16(4)-l'roviso to Rule 13. of Rajasthan State and 
H Subordinate SeIVices (Direct Recruitment by Combined Competitive Ex-
696 
CHATTARSINGHv. STAIB 
697 
aminatio11s) Rules, 1962 providing for Scheduled Caste and Scheduled Tribe A 
candidates 5% cut off marks less than the general candidates in preliminary 
examination so as to make them eligible for main examination-Candidates 
belonging to OBCs also claiming the benefit of the proviso-Held, Scheduled 
Castes and Scheduled Tribes stand as two separate classes while OBCs stand 
apart-1710ugh OBCs are socially and educationally not f01ward they do not B 
suffer the same social handicaps inflicted upon Scheduled Castes and 
Scheduled Tribes-They are always treated dis-similar and they do not fonn 
an integral class with Dalits and Tribes for purpose of Articles 16(4) and 
15(4). 
. 
Madhu Kishwar & Ors. v. State of Bihar & Ors., (1996) 5 SCC 125, C 
referred to. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 13118 of 
19%. 
From the Judgment and Order dated 30.8.96 of the Rajasthan High D 
Court in C.W.P. No. 1579of19%. 
Sushil Kumar Jain for the Appellants. 
B.D. Sharma for the Respondt>uts. 
0 
The following Order of the Court was delivered : 
Mr. B.D. Sharma, learned counsel for Public Service Commission, 
takes notice. 
We have heard learned counsel for the parties. 
Leave granted. 
This appeal by special leave arises from the judgment and order of 
E 
F 
the High Court of Rajasthan, made on August 30, 19% in Civil Writ 
Petition No. 1579/96. The Government of Rajasthan issued a notification G 
on September 28, 1993 declaring reservation to the extent of 21 % of the 
posts in various services of State of Rajasthan reserved for the OBCs which 
was given statutory force by Rule 8-A of the Rajasthan State and Subor-
dinate Services (Direct Recruitment by Combined Competitive Examina-
tions) Rules, 1962 (for short, 'the Rules') w.e.f. September 28, 1993. H 
698 
SUPREME COURT REPORTS (1996) SUPP. 6 S.C.R. 
A 
Notification dated November 21, 1994 was issued calling applications for 
recruitment to 275 posts in administrative and subordinate services; of 
them, 137 we:re for general candidates; 52 for OBCs.; 50 for Schedules 
castes; and 36 for Schedules Tribes. On April 9, 1996, preliminary examina-
tions were conducted and results of the candidates for final examination 
B 
c 
D 
E 
F 
G 
H 
were declared. Candidates belonging to OBCs came to challenge the vires 
of the proviso to Rule 13. 
Rule 13 of the Rules prescribes the mode of conducting preliminary 
as well as main examination. It reads as under : 
"13. Scheme of Examination" personality and viva-voce test :- The
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