CWP(T) No. 8963/2008 31.08.2011 Present: Mr. Surender Sharma, Advocate, for the petitioner. Mr. R. M. Bisht, Dy. A. G. with Mr. Vinod Thakur, Dy. A.G for the respondents. There is no dispute that for the posts advertised by the respondents, in terms of Annexure A-2, petitioner was declared successful in the written examination. However, keeping in view the fact that no vacancy was available in the category of Wards of Freedom Fighters (General), petitioner could not be appointed. Undisputedly, there were persons who had secured higher marks than her. 2. However, it is the petitioner’s grievance that since none had qualified in the category of Wards of Freedom Fighters (Scheduled Caste), she ought to have been appointed against the said post. Petitioner belongs to general category, though is a ward of Freedom Fighter. 3. Respondents, in their reply, have clarified that over all quota for Scheduled Caste category was 22% and since none had qualified for the seats reserved for Wards of Freedom Fighters, amongst the category of Scheduled Caste, these posts were filled-up by other candidates belonging to Scheduled Caste category only. This stand of the State is totally in consonance with the instructions dated 28.12.1984 (Annexure R/1). Petitioner has relied upon instructions dated 30.8.1997 (Annexure A-1) conveying the government decision that in the event of the posts reserved for a particular category not being filled-up, the same be automatically treated as unreserved and filled-up accordingly. Significantly, this letter does not convey the decision that even the posts reserved for Scheduled Caste category are to be de-reserved and filled-up by a candidate belonging to a general category. Annexure A-1 is to be interpreted in light of the earlier instructions Annexure R/1 issued by the Government. It is not the petitioner’s case that over all quota of 22% reserved for Scheduled Caste category was also not filled-up. As such, no error can be found in the impugned action taken by the respondent-State. 4. However, it is submitted by the petitioner that even with regard to the posts reserved for Wards of Freedom Fighters in general category, there is backlog for want of candidates who have successfully cleared the written examination. As such, it is open for the petitioner to approach the respondents-State. Any such representation received by the respondents shall be considered and dealt with in accordance with law, within a period of three months from the date of receipt of the certified copy of the judgment. These directions are issued keeping in view the interim order dated 19.12.2002 passed in the petition which in any event stands vacated today. 5. With the aforesaid observations, petition stands disposed off. Copy dasti. ( Sanjay Karol ), Judge. August 31, 2011 (rana)