WP(C) 1071/2011 BEFORE HON’BLE MR JUSTICE B.K. SHARMA.. Heard Mr. R. Ali, learned counsel for the petitioner as well as Ms R. Chakrabort y, learned Addl. Sr. Govt. Advocate, Assam. By means of this writ petition, the petitioner has prayed for setting aside and quashing of t he Select List dated 16.2.2011, a copy of which has been produced by Mr. Ali, learned counsel for the petitioner. However, the same is not enclose d to the writ petition. The post involved is Process Server (Jarikarak) and upo n selection, the Respondents No.4 and 5 have been appointed. The ground on which the challenge to the Select List has been made is that since the Respondent No. 4 had been working under the Addl. Deputy Commissioner namely, Shri P.K. Bhagawa ti, he had selected him. Likewise, it is alleged that the Respondent No.5 has b een selected because his father is working in the establishment of the Deputy Co mmissioner as Nazir. According to the petitioner, there has been violation of t he Assam District-wise Population Pattern Reflection in Services (in Class-III a nd IV Posts) Act, 1994 inasmuch as in the Barpeta district, about 50% of the pop ulation being that of minority community, at least one post should have been giv en to the said community. The petitioner has also referred to newspaper publica tions dated 17.2.2011 and 18.2.2011 in which, it was reported that there was pur ported anomaly in the selection. Although the allegations have been made in respect of the selection in reference to the aforesaid officials of the district establishment, but neither the Selec tion Committee nor the said two officials are party-respondents to this proceedi ng. Further, the writ petition is based solely on the basis of the newspaper rep ort. On perusal of the provisions of the aforesaid act of 1994, what is found is that under Section 5 of the Act, reservation for Scheduled Castes/Scheduled Tri bes has been provided and that the reservation shall not exceed 50% of the vacan cies. As has been held by the Apex Court in R.K. Sabharwal v. State of Punjab & Ors, r eported in 1995 (2) SCC 745, the reservation is to be applied on the basis of th e total cadre strength and not on the basis of the vacancies advertised. In the instant case, the petitioner has not furnished any information regarding the to tal cadre strength. The entire writ petition is based on certain presumption an d assumption and not founded on any concrete material. In view of the above, I do not find any merit in the writ petition and a ccordingly, it is dismissed.