“15.The RPSC in its written submissions has also pointed out that1:3 number of candidates have been called. Thus, for 39 posts,119 candidates have been called. Thus, 119 candidates would cover all the categories. It is not case of the petitioners that any particular category stands unrepresented. On the other hand, the only submission raised before this Court is that the candidates from OBC category having higher merit may be left out which is wholly fallacious as the RPSC is declaring the result on 1:3 basis with relation to overall marks without going into declaring in the ratio of 1:3 in each category. Since the word 'each category' is not available in the rules, no mandamus or direction can be issued to the RPSC to declare the result each categorywise. The RAS and Allied Services Examinations are conducted under The Rajasthan State & Subordinate Services (Direct Recruitment by Combined Competitive Examinations) Rules, 1999 which provide for declaration of result of preliminary examination in each category in the ratio of 1:3. Such provision is not available under the Rules of 1978. A rule imbibed in a particular set of rules cannot be imposed on another set of rules where it is absent. In view therefore, the submission of learned counsel for the petitioners is not found to be having force. The judgments cited at bar by learned counsel for the petitioners, as noted above, would have no application to the present case as the facts of the present case are different from those as cited in Indra Sawhney (supra), Rajesh Daria (supra) and Anil Kumar Gupta (supra).”
