WP(C) 235/2007 BEFORE THE HON’BLE MR. JUSTICE P.K. MUSAHARY Heard Mrs. N. Saikia, learned counsel for the petitioner. Also heard Mr. C. Baruah, learned Standing Counsel, APSC. 2. The respondent Public Service Commission was directed to produce the rel evant record vide order dated 1.7.2010. Today records are not produced. 3. The present petitioner belongs to scheduled tribe (Hills) and she is ent itled to special protection as well as privileges guaranteed to the reserved cat egory. She is also entitled to consideration for appointment under the provision of Assam Women (Reservation of Vacancies in Services and Posts) Rules, 2005. 4. The Assam Public Service Commission issued advertisement No. 1/2006 on 16.1.2006 inviting application for recruitment to 13 numbers of Junior Engineers (Agriculture) under Agriculture Departments, Govt. of Assam. In the said advert isement it was specifically mentioned that the said posts were meant for filling up the backlog vacancies for SC/ST and disable persons of SC/ST only with 7%, 1 0%, 5% and 27% for SC,STP, STH and OBC/MOBC respectively. As per the advertiseme nt, preference would be given to the Agricultural Engineering Diploma Holders in each class respectively. The petitioner is holding diploma in Agricultural Engi neering and in response to the aforesaid advertisement she applied for the pos t of Junior Engineer (Agriculture). She appeared in the interview and her name f ound place at Serial No. 38 in the select list dated 25.5.2006. Altogether 40 ca ndidates were selected and as many as 6 ST(H) candidates have been appointed aga inst aforesaid 13 posts. 5. It is admitted position that the aforesaid 13 posts of Junior Engineer ( Agriculture) have already been filled up by the selected candidates. 6. Mrs. Saikia, learned counsel for the petitioner submits that there are s ome more posts of Junior Engineers lying vacant in the Agriculture Department ag ainst which the present petitioner may be appointed against the backlog for S T(H) category and on special consideration under the Assam Women (Reservation o f Vacancies in Services and Posts) Rules, 2005. (hereinafter referred to as 200 5 Rules only). 7. Mr. C. Baruah, learned counsel representing the State Public Service Com mission submits that requisition from some departments including the Agriculture department, for filling up some more posts of Junior Engineers is expected/ aw aited and as soon as the written requisition is received, the Public Service Com mission will issue advertisement inviting applications from all concerned. Howe ver, he submits that the petitioner can not be appointed as per the select list dated 25.5.2005 unless fresh recruitment is initiated and she is selected for ap pointment to the said post. He also submits that in the matter of appointment to the posts of Junior Engineers, due care would be taken to maintain the quota an d the backlog, if any, for the respective reserve category, under the existing l aw namely the Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacan cies in Service) Act, 1978 and the Rules framed there under and the 2005 Rules. 8. I have considered the submissions made by the learned counsel for the pa rties. In view of the above submission/ assurance given by the learned Standing Counsel, Public Service Commission, I dispose of this writ petition directing th e respondents authorities, more particularly the Assam Public Service Commission , to initiate the recruitment process immediately after receipt of the requisiti on from the departments concerned specifying the number of backlog vacancies for the SC, ST(P),ST(H), if any, and also the quota for the Women as per the 2005 R ules. The respondent authorities shall conduct the recruitment process and appoi nt the selected candidates strictly observing the provisions of reservation for scheduled caste and Scheduled tribes and also 2005 Rules. The respondent authori ties are also directed to give preference to the diploma holders in Agricultural Engineering while filling up the posts of Junior Engineers (Agriculture) in the Agriculture Department. The respondent authorities shall make endeavour to fill -up the Junior Engineer (Agriculture) by the selected candidates having Degree o r Diploma in the Agricultural Engineering and only in case no such candidate i s available, the respondent authorities may appoint from the other selected cand idates having degree or diploma in other branch of engineering, strictly on the basis of merit. 9. With the aforesaid observations and directions, this writ petition stand s disposed of. No order as to costs.