Hon'ble RAFIQ, J.—Petitioner Dr. Avinash Daulatram Maishram, has filed this writ petition challenging the order of the State Government dated 18.3.2002 whereby his prayer for treating him as a member of Scheduled Castes for the purpose of promotion in the service of the State of Rajasthan, was rejected.

2. Petitioner obtained degree of Bachelor of Veterinary Science and Animal Husbandry from Nagpur Veterinary College in the year 1992, which is affiliated to the University of Punjab. He is response to an advertisement issued by the respondents, applied for appointment on the post of Veterinary Assistant Surgeon/Veterinary Extension Officer in the year 1994 and was eventually appointed on ad hoc basis. He was posted at Government Veterinary Hospital, Surajgarh, District Jhunjhunu. Subsequently, Rajasthan Public Service Commission advertised certain number of vacancies for regular appointment on the post of Veterinary Assistant Surgeon/Veterinary Extension Officer. Petitioner applied and was selected. He was appointed on regular basis on the post of Veterinary Assistant Surgeon vide order dated 15.3.1995. In his application for appointment, petitioner declared himself as member of Scheduled Caste and produced before the Rajasthan Public Service Commission caste certificate issued by Executive Magistrate of Nagpur in the State of Maharashtra. Petitioner was however selected on the basis of his own merit in the general quota. According to the petitioner, one Dr. Subhodh Damodar Mate, who also is an original native of Maharashtra, applied in the same selection and claimed himself to be a Scheduled Caste candidate. His name appeared at S.No. 113 of the same appointment order dated 15.3.1995. He was treated as Schedule Caste candidate entitling him to all such benefits as are available to the member of Scheduled Caste. One Dr. Niwas Kodu Sawalay also in the like manner applied in the same selection process. He was also originally treated as a general caste candidate but on his representation, the government by order dated 7.9.2000 directed his status to be changed from general category to that of Scheduled Caste.

3. When name of the petitioner was not shown in the seniority list dated 7.2.2000 as a member of Scheduled Castes, he submitted representation to the respondents on 18.10.2000. It was this representation which was rejected by the respondents by their order dated 18.3.2002, which is impugned in the present writ petitioner.

4. Shri Anupam Agarwal, learned counsel for the petitioner has argued that action of the respondents in not treating the petitioner as a member of Scheduled Caste is wholly arbitrary and illegal as `Mehar' Community is notified as Scheduled Caste in the State of Maharashtra as well as State of Rajasthan under the notification issued by the Government of India. It was argued that when `Mehar' community has been treated as Scheduled Caste in both the States, a person belonging to such community migrating from one State to another, cannot be differentiated at the later place only on the basis of place of his birth. Such an action of the respondents is discriminatory and violative of Articles 14 & 16 of the Constitution of India. Referring to the case of aforesaid two persons namely; Dr. Subhodh Damodar Mate and Dr. Niwas Kodu Sawalay, learned counsel argued that the action of the respondents is wholly discriminatory because when they have treated two other similarly circumstanced persons, who are original native of State of Maharashtra and were appointed in the same selection process, as Scheduled Caste, the petitioner could not be singled out for meting out a different treatment. Learned counsel cited the Circular of the Government of Rajasthan issued by its Department of Personnel dated 4.3.2002 and argued that action of the respondents is contrary to this Circular in which it has been directed that even if a person belonging to Scheduled Caste, Scheduled Tribe or Other Backward Class is selected on his own meri

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