JUDGMENT 1. - This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 6.10.2003 with a prayer that by an appropriate writ order or direction the impugned letter dated 27.9.2003 (Annex.4) issued by the Rajasthan Public Service Commission (respondent) by which the category of the petitioner was changed from OBC to General and he was treated to be the candidate of general category instead of OBC category, but since the petitioner did not pay the fee payable by the general category candidates, the roll No. 321200 allotted to the petitioner along with the admission card (Annex.1) was cancelled, be quashed and set aside. 2. The facts of the case as put forward by the petitioner are as under : i) The respondent issued an advertisement for holding joint competitive examination in RAS/RTS examination, 2003. ii) That the further case of the petitioner is that he filled up the form in the OBC category. iii) That further case of the petitioner is that a certificate of OBC was issued in his favour on 28.3.1995 and thereafter in the year 1996, his father was appointed as Judicial Magistrate in the higher category of the pay scale which is in the creamy layer, therefore and benefit of OBC was not available to him. iv) That further case of the petitioner is that he moved an application dated 9.9.2003 (Annex.2) to the respondent Commission that because he is in the creamy layer of OBC, therefore, his candidature may be considered in general category. v) That further case of the petitioner is that he was allotted Roll No. 321200 and the competitive examinations were going to be held on 12.10.2003. vi) Further case of the petitioner is that he received a letter dated 27.9.2003 (Annex.3) whereby he was informed that he was considered in general category from OBC category, but since the petitioner did not pay the fee payable by a general category candidate, therefore, his roll No. 321200 along with admission card was cancelled. This letter dated 27.9.2003 (Annex.4) has been challenged in this writ petition., 3. This letter dated 27.9.2003 (Annex.4) has been challenged in this writ petition., 3. In this writ petition, the main submission of the learned counsel for the petitioner is that when the respondent had changed the category of the petitioner from OBC to General, then rejection of candidature of the petitioner was totally unwarranted, arbitrary and illegal and is violative of Article 14 of the Constitution of India. 4. That reply to the writ petition was filed by the respondent and it has been submitted by the learned counsel for the respondent that the candidature of the petitioner has rightly been rejected and hence no case is made out and the writ petition should be dismissed. 5. Heard and perused the record. 6. That there is no dispute on the point that the petitioner was allotted Roll No. 321200 and as per the order of this Court dated 10.10.2003, the petitioner was permitted to appear in the examinations and the result of the petitioner was shown to this Court and he has been declared pass. 7. There is also no dispute on the point that by letter dated 27.9.2003 (Annex.4) the category of the petitioner was changed from OBC to General, but his roll number along with the admission card was cancelled on the ground that he did not pay the requisite fee payable by a general category candidate. 8. In my opinion, when the category of the petitioner was changed from OBC to General, then rejection of the candidature of the petitioner on the ground that he paid the less fee than the one prescribed for general category candidates, is nothing but arbitrary action on the part of the respondent and hence the impugned letter dated 27.9.2003 (Annex.4) is liable to be quashed and set aside and this writ petition deserves to be allowed.For the reasons mentioned above, the present writ petition is allowed and the letter dated 27.9.2003 (Annex.4) issued by the respondent is quashed and set aside and since the result of the petitioner has been declared, he may be given the benefit as per the marks obtained by him considering the petitioner to be of general category.Petition allowed. *******