IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 16527 of 2010 Date of Decision: 23.08.2011 Sukhwinder Singh ...Petitioner Versus State of Punjab and others ..Respondents. CORAM: HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. R.K.Arya, Advocate, for the petitioner. Ms. Sudeepti Sharma, DAG, Punjab for the respondents. **** SURYA KANT .J.(Oral) The petitioner applied for the post of Art & Craft Teacher pursuant to the advertisement dated 10.12.2006. He belongs to the scheduled caste category i.e. Ramdasia sub-category. There were total 500 posts, out of which 50 posts were reserved for scheduled caste (male) i.e. 25 for Majbhi & Balmiki (A) and 25 for (B) Ramdasia and others. The petitioner in the over all merit got 135.12 marks whereas the marks of the last selected candidate of his category are 135.27. The petitioner's name figure at Sr. No. 42 in the merit list (Annexure P-5), though only 25 posts were reserved for his sub- category. CWP No. 16527 of 2010 [2] As per the reservation policy of the State Government, if sufficient candidates of scheduled caste in one sub-category are not available, the unfilled vacancies can be filled up from the candidates of other sub category. The petitioner, however, seeks a direction for his appointment against open category posts though not entitled to as per his merit position. The writ petition is accordingly disposed of with the observation that in case any post out of 50 reserved posts of scheduled caste is still lying vacant, the claim of the petitioner as well as other candidates higher in merit of that reserved category be considered for appointment against such vacant posts. Dasti. (SURYA KANT) 23.08.2011 JUDGE 'ravinder'