1 S.B.CIVIL WRIT PETITION NO.1593/2007 Jawari Lal Vs. The Chief General Manager & Ors. Date of Order :: 16.7.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Rakesh Arora, for the petitioner. Mr. Jagdish Vyas, for the respondents. ... As per the provisions of the Telecom Technical Assistant Recruitment Rules, 2001 (hereinafter to be referred to as the Rules of 2001) the post of Telecom Technical Assistant (for short TTA) is to be filled in 50% by direct recruitment, 10% by promotion from amongst departmental employees and 40% by promotion through limited departmental competitive examination. To fill the 40% vacancies relating to the departmental employees within the jurisdiction of the Telecom District Engineer, Jaisalmer an examination was conducted by the Assistant General Manager (Admn.) on 28.8.2005 and that was qualified by the petitioner as a candidate belonging to schedules castes. On not extending the appointment by way of promotion to him as TTA the petitioner has preferred this petition for writ. As per the respondents out of the 15 posts of TTA in Jaisalmer Small Switching Area 12 posts were vacant. Out of those 12 vacancies 6 posts were to be filled in by way of direct recruitment and 5 posts by promotion through limited departmental competitive examination. One vacancy was required to be filled in by promotion from amongst departmental employees. None except the petitioner qualified the examination for TTAs against 40% quota for departmental employees, however, appointment was not given to him in view of the fact that as 2 per applicable roster, the point No.7 was available to the scheduled castes candidates and that could have not been satisfied before exhausting the roster points No.1 to 6. It is stated at bar by learned counsel for the respondents that even in general category nobody qualified the TTAs examination concerned. The stand of the respondents that no person from general category and OBC qualified the examination, therefore, the roster was not operated is absolutely erroneous. The roster is made for effecting implementation of reservation and not to make the reservation policy unworkable. In the event of non-availability of general candidates the respondents should have kept the first 6 points blank and should have operated 7th point by giving appointment to the petitioner. In view of it, this petition for writ deserves acceptance, and therefore, the same is allowed. The respondents are directed to appoint the petitioner by way of promotion as TTA in Small Switching Area, Jaisalmer as a consequent to his qualifying Limited Departmental Competitive Examination for TTAs. The petitioner shall be entitled for all consequential benefits. No order as to costs. (GOVIND MATHUR), J. Jgoyal