1. - By the instant writ petition, petitioner seeks quashing the impugned order dated 13.11.1998 (Annex.3) and directing respondents to appoint the petitioner in the cadre of Rajasthan Administrative Service.

2. In pursuance to the advertisement issued by the respondent No. 3, 5 petitioner applied and appeared in the Rajasthan State and Subordinate Services (Combined Competitive) Examination, 1995-96 as a member of Other Backward Class (OBC) and gave his first preference to R.A.S. and second preference to R.P.S. The total number of vacancies reserved for OBC candidates were six in number. Petitioner's grievance is that though he stands at merit No. 48 and respondent No. 4 stands at merit No. 71, but respondent No. 4 has been given appointment in RAS cadre whereas he has been given appointment in RPS cadre. He challenges the selection of respondent No. 4 in RAS cadre on the ground that despite the fact that respondent No. 4 was holding the post of Gazetted Officer but still he has been selected in RAS cadre by giving the benefits of OBC and Non-gazetted employee. Hence this writ petition.

3. Refuting the averments made in the writ petition and justifying selection of respond