IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7119 of 1994 JASWANT SINGH, son of Mr. Ram Chandra Singh, resident of B-358/ Sector 19, Noida (U.P.) at present posted as Electronic Data Processing Assistant (IWAI), Inland Water Ways Authority of India, Branch Office, at BISCOMAUN BHAWAN, 5th Floor, Patna (Bihar) … Petitioner Versus 1. THE UNION OF INDIA, through the Chairman, Inland Water Ways Authority of India (IWAI), B-109-112, Commercial Complex, Section 18, NOIDA – 201 301 (U.P.) 2. The Secretary, Inland Water Ways Authority of India, (IWAI), B-109-112, Commercial Complex Section 18, NIODA – 201 301 (I.P.) 3. The Assistant Secretary, Inland Water Ways Authority of India (IWAI), B- 109112, Commercial Complex, Section 18, NIODA- 201 301 (U.P.) 4. The Director, Inland Water Ways Authority of India (IWAI), BISCOMAUN BHAWAN, 5th Floor, Patna- 800 001(Bihar) 5. Sri Jai Prakash, S/o not known, Assistant Programmer C/o the Chairman, Inland Water Ways Authority of India, B- 109-112, NIODA – 201301 (U.P.) … Respondents. ----------- 14. 7.8.2009 No one appears for the petitioner. The prayer in this writ application for promotion on the post of Assistant Programmer, Inland Water Ways Authority of India (IWAI) on the basis that the petitioner was holding the post of Electronic Data Processing Assistant can only be allowed if it can be shown that there is a cadre in which the line of promotion on the post of Assistant Programmer. The respondents however have 2 clarified this aspect in the counter affidavit by stating that there was a single post of Assistant Programmer which fell under roaster for Scheduled Caste candidate and the petitioner belonging to general category could not have been promoted on the said post. It was also been thus explained in a great detail that in the aforesaid situation, the said post meant for Scheduled Caste was advertised for direct recruitment and was filled up by way of appointment of Respondent no. 5. In the opinion of this Court the decision taken for filling up the post by way of direct appointment in the given circumstances cannot be said to be either illegal or incorrect. Even the Government of India has laid down the norms that a reserved post for promotion in a cadre cannot be filled up in absence of a candidate of that category, by dereserving the post and filling it up by a candidate of general category, rather the same has to be invariably filled up from the candidate of reserved category either by applying the rule of carry forward or by way of resorting 3 to direct recruitment. That being so, the simple logic of the petitioner that the said post in no event can be filled up by way of direct recruitment is not tenable in law and on that ground alone, the appointment of the Respondents no. 5 belonging to reserved category cannot be held to be bad. Thus for the reasons indicated above, this Court does not find any merit in this application. It is accordingly dismissed. (Mihir Kumar Jha,J.) Surendra/