NAYAN GOBINDA GOPPI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard Mr. L. K. Gupta, learned counsel for the petitioner and Mrs. Gita Mukherje, learned counsel for the respondents.

(2.) Writ petition was filed seeking relief of issuance of appointment letter to the petitioner in the fifth vacancy of Lower Division Clerks in 'Ka' Group as per advertisement dated 26.09.1997 published in Newspaper. With regard to the advertisement at annexure 'C' to the writ petition, it is stated that in spite of Group 'C' Lower Division Clerks though total posts are nine (9) in number-in General Category five(5) posts shown leaving two posts for schedule caste, one post for schedule tribe and one post for other backward classes. It is stated by the learned counsel for the petitioner that in spite of such publication actually four (4) posts have been filled up by members of general categories from the select list and the petitioner holding the fifth position, was deprived thereby. It is further stated applying the reservation policy as has been laid down by various judgments in the apex Court, as out of total nine (9) posts, ignoring the fraction, five posts are to be kept for General Category candidates and therefore the fifth post has to come to the general category candidate, whereby the petitioner holding the fifth position in the select list becomes entitled to such appointment.

(3.) Learned counsel for the petitioner relied on the law in this respect as decided in the case of Chetna D. Motghare v. Bhide Girls' Education Society reported in 1995 supp(1) SCC 157 and Suresh Chandra v. J.P. Agarwal reported in AIR 1997 SC 2487. Relying on the aforesaid law, on behalf of the petitioner it has been contended that even a single post can be reserved if it falls on roster point. More over, in the present case of facts when one more post has fallen vacant on resignation of the selected candidate who joined earlier such vacancy is to be filled up by appointing the petitioner by virtue of his position in the select list.