IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15814 of 2010 1. DR. AFTAB ALAM @ AFTAB ALAM S/O SHAFIULLAH KHAN R/O VILL.- PIPRA CHANKI, P.O.- SAIDPUR, P.S.- SHIKARPUR (NARKATIYAGANJ), DISTT.- WEST CHAMPARAN, AT PRESENT R/O SHAFI CLINIC, HOSPITAL ROAD, NARKTIAGANJ, WEST CHAMPARAN Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR 2. THE DEPUTY DIRECTOR (HOMEO)-CUM-NODAL OFFICER HEALTH DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR 3. DR. S.S. SINGH DY. DIRECTOR (HOMEO)-CUM-NODAL OFFICER, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR 4. DR. RAMESH PRASAD null DEPARTMENT OF AGAD TANTRA, GOVERNMENT AYURVEDIC COLLEGE, PATNA- 800003 5. DR. MD. SABIR ALI DEPARTMENT OF (ADVIA) PHARMACOLOGY, GOVERNMENT TIBBI COLLEGE, PATNA- 800003 ----------- 02. 04.05.2011 Writ has been filed by the lone petitioner for a direction upon the State authorities to treat the vacancies of scheduled caste and scheduled tribe, which are 50 and 3 respectively for Unani Ayush Doctors to be released in favour of general category candidates in the background that the State has not received any response from the two categories of candidates namely, scheduled caste and scheduled tribe. If such a direction is not given then these posts will lapse and the benefit of appointment will not accrue to the candidates who are otherwise available for such appointment. This Court has serious reservation whether such reserved seats can be released as a matter of routine in favour of general candidates merely on the ground that there were no 2 applicants under the two categories. However, it is a matter of policy which the State will have to take as to what they would like to do with those vacancies whether by making appropriate adjustment in allocation or by going for a fresh advertisement as a recruitment drive for such categories. In absence of any clear law or a demand on the issue, the Court cannot give direction in favour of the petitioner for such an act. However, it is best left to the State to decide the course which is open to them within the parameters of the constitutional provision of law. Some of the so-called infirmities pointed out by the petitioner with regard to inclusion of certain persons who did not even participate in the eligibility verification have found their way into the final list. Petitioner has freedom to point out those illegalities to the authorities concerned, who will verify the actual state of affairs before they are offered appointments if the assertion made by the petitioner is otherwise correct and is reflected from the records. Writ is disposed of with liberty as above. rkp ( Ajay Kumar Tripathi, J.)