CWP(T) No. 16414 of 2008 24.09.2010 Present: Mr. Ranjan Sharma, Advocate, for the petitioner. Mr. Vikas Rathore, Dy. Advocate General for the respondents/State. Petitioner is a ward of freedom fighter. One post of Primary Assistant Teacher (PAT) for G.P.S. Subhash Nagar was reserved for the ward of freedom fighter of general category. Petitioner being fully eligible applied for the said post. According to the respondents her candidature was not considered for the reason that she was not a resident of the same panchayat but of another panchayat. 2. It cannot be disputed that respondents have issued notification dated 17.11.2006 (Annexure R-II) whereby reservation is to be provided at the district level since JBT is a district cadre post. It is the petitioner’s contention that if her candidature is considered in terms of Annexure R-II she is fully eligible for consideration for the post in question which is to be filled up in accordance with law. 3. On 28.11.2007 the following order was passed in this petition:- “Heard. Notice. Reply be filed within six weeks. Learned Addl. Advocate General appears and waives service of notice on behalf of respondents No. 1 to 3, hence notice need not be sent to them, who may file reply. In the meantime status quo qua the filling of the post of PAT in Government Primary School, Subhash Nagar, be maintained till next date of hearing.” 4. In view of the aforesaid facts it cannot be disputed that the post in question is not lying vacant. 5. A direction cannot be issued to the respondents for appointing the petitioner on the said post. However interest of justice -2- would be met if, as prayed for, a direction is issued to the respondents to consider the petitioner’s case alongwith other eligible candidates for filling up the post in question. Needless to add the post is to be filled up strictly in accordance with law including notification (Annexure R-II) issued by the Government. The post is lying vacant pursuant to the orders passed by the Tribunal for more than three years. So that interest of the children does not suffer any further respondents are directed to take a decision and fill up the post within a period of four weeks from today. The post in question shall be filled up only after the petitioner’s case is considered in accordance with law, on merits. 6. With the aforesaid observations the present petition stands disposed of. Dasti copy. (Sanjay Karol), Judge. September 24, 2010 (PK)