WP(C) 2663/2006 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA. Heard Mr. R. Islam, learned counsel for the petitioner. Also heard Ms P . Chakraborty, learned Standing Counsel, Social Welfare Department. The petitioner, who is aspirant for the post of Statistical Assistant, h as filed this writ petition claiming the said appointment on the basis of her me rit position in the Select List and reservation roster. The petitioner belongs t o Scheduled Caste category. It is an admitted position that the petitioner occupied the merit position at Sl . No.7. It is the plea of the petitioner that since in the order of merit, she w as only S/C category candidate, she should have been appointed on the basis of t he reservation policy of the State. In the counter affidavit filed by the respondents, it has been stated that altho ugh for Nalbari district, 7 (seven) vacancies had been notified but later on, wi th the creation of the B.T.A.D., 2 (two) vacancies had to be diverted and for Na lbaleri district, there remained only 5 (five) vacancies. It has also been state d that as per the percentage of reservation, which is 7%, the case of the petiti oner did not come within the zone of consideration and that, out of 5 (five) vac ancies,4 (four) General Category candidates and one O.B.C. candidate were app ointed. The reservation roster will have to be applied in reference to the perce ntage of reservation. If the vacancy position is taken to be 5 (five), then on t he basis of the percentage of reservation, which is 7%, no post will fall in the category of Scheduled Caste. If the vacancy position is taken to be 7 (seven), then also, on the basis of the percentage of reservation, the Scheduled Caste ca tegory candidate may not be entitled to get any appointment on the basis of the reservation. Coupled with this, as disclosed in the affidavit, there is another S/C category candidate, whose merit position is above the petitioner i.e. at Sl. No.6. The above being the position, no relief can be granted to the petitioner and accordingly, the writ petition is dismissed. At this stage, Mr. Islam, learned counsel for the petitioner submits tha t since there are 2 (two) more vacant posts, the authority must consider the cas e of the petitioner. If the vacancy position is 7 (seven), 2 (two) S/C category candidates applying the percentage of reservation i.e. 7%, are considered, the c ase of the petitioner, under no circumstances, comes within the purview of the s aid percentage. In view of the above, the submission of Mr. Islam, learned counsel for t he petitioner is rejected.