RATHORE, J. - (1.) THIS petition is directed against the order dated 11. 12. 2001 by which the respondent Board has awarded Retail Out Let dealership of HPCL at Jaipur in favour of the respondent No. 4 Smt. Anju Kataria W/o Shri Manoj Kataria.
(2.) THE petitioner is a member of Scheduled Caste community and has passed B. E. (Mechanical) from M. B. M. Engineering College, Jodhpur in the year 1999. An advertisement was issued by HPCL through its Regional Office and same was published in Dainik Bhaskar dated 25. 8. 2000 through which the applications were invited from Scheduled Castes candidates for Retail Out Let dealership at Jaipur. The petitioner being a member of Scheduled Caste and un- employed Engineer applied for the Retail Out Let dealership at Jaipur in prescribed form and the petitioner appeared before the Dealer Selection Board Jaipur-I on 23. 10. 2001. A panel of 3 candidates was prepared by the Board and was affixed on the notice Board on 24. 10. 2001 and the petitioner's name found place at SI. No. 2 and the name of respondent No. 4 has been placed at SI. No. 1. Petitioner came to know that Smt. Anju Kataria (respondent No. 4) is not a member of Scheduled Caste community, he submitted a representation to the respondent Board that Smt. Anju Kataria has married to a scheduled caste person and as such she is not eligible for allotment of Retail Out Let dealership specifically earmarked for Scheduled Caste candidates. In the representation the petitioner also pointed out that as per the Circular dated 2. 5. 75/22. 3. 77 issued by the Ministry of Home Affairs that no person who was not a Scheduled Caste or Scheduled Tribe by birth will be deemed to be a member of Scheduled Caste or Scheduled Tribe merely because he or she married a person belonging to Scheduled Caste or a Scheduled Tribe. The relevant portion of Circular is herewith reproduced as under : " 3. Claims through marriages. The guiding principle is that no person who was not a Scheduled Caste or a Scheduled Tribe by birth will be deemed to be a member of a Scheduled Caste or a Scheduled Tribe merely because he or she married a person belonging to a Scheduled Caste or Scheduled Tribe. Similarly a person who is a member of a Scheduled caste or a Scheduled Tribe would continue to be a member of that Scheduled Caste or Scheduled Tribe as the case may be, even after his or her marriage with a person who does not belong to a Scheduled Caste or a Scheduled Tribe. "
(3.) SINCE no order whatsoever has been passed on the representation dated 2. 11. 2001 submitted by the petitioner, petitioner sent a reminder on 9. 11. 2001. Vide letter dated 12. 11. 2001 the petitioner was called upon by the Chairman of the Selection Board to file an affidavit. The petitioner filed an affidavit before the respondent Board on 22. 11. 2001. It is specifically stated by the petitioner in the affidavit that respondent No. 4 is Meena by birth and belongs to Scheduled Tribe. She married Shri Manoj Kataria who belongs to Scheduled Caste (Balai) community. The certificate submitted by Smt. Anju Kataria that she is member of Scheduled Caste cannot be used for confering benefits of reservation specifically earmarked for Scheduled Caste candidate. Petitioner also submitted a photo stat copy of judgment of Hon'ble Supreme Court Valsamma Paul vs. Cochin University & Ors. (1 ). The Board provided a copy of the Caste certificate of respondent No. 4 to the petitioner. After receiving the copy of the caste certificate the petitioner again submitted a representation on 6. 12. 2001 and pointed out the discrepency in caste certificate and concealment of fact. Vide letter dated 11. 12. 2001 which was received by the petitioner on 13. 12. 2001 the Board informed that complaint of the petitioner against respondent No. 4 has been rejected. ;