CWP No. 9772 of 2007 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 9772 of 2007 Date of decision: August 28, 2008 Harjinder Singh --- Petitioner Versus State of Punjab and others ---- Respondents CORAM: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Mr. Justice Rajan Gupta Present: Mr. Gurnam Singh, Advocate, for the petitioner. Ms. Charu Tuli, Sr. DAG, Punjab. Ashutosh Mohunta, J. The petitioner prays for issuance of directions to the respondents to consider him for the post of Head Master against the vacancies meant for Scheduled Caste candidates. The petitioner applied for the post of Head Master in pursuance to the advertisement ( Annexure P-10) in the Scheduled Castes category, as he belongs to Ramdasia community. Case of the petitioner is that some of the posts are still vacant, against which he can be appointed. In the reply filed on behalf of the respondents, it has been averred that there were total 87 posts for reserved category, out of which 44 posts were reserved for Mazbi community and 43 posts for Ramdasia community. It has been further averred that out of 43 posts meant for Ramdasia community (i.e. 21 for females and 21 for males) have been filled up and one post was for the CWP No. 9772 of 2007 2 candidate getting highest merit. State counsel submits that the merit of the last candidate selected was 61.681, whereas the petitioner's merit was lower than him i.e. 60.516. It is submitted by the State counsel that the petitioner cannot be adjusted against the seats reserved for Mazbi category. After hearing counsel for the parties, we of the considered view that the petitioner is not entitled to be appointed against the post of Head Master from the scheduled Castes category as all the posts meant for Ramdasia community (male) have already been filled up and all the selected candidates are higher in merit than the petitioner. [Ashutosh Mohunta] Judge [Rajan Gupta] Judge August 28, 2008 `ask'