MC 1367/2008 BEFORE THE HON’BLE MR. JUSTICE RANJAN GOGOI Heard Sri R. Goswami, learned counsel for the Applicant [Respondent No.7 in WP(C ) No.1003/2008]. Also heard Sri UK Nair, learned counsel for the Opposite Party- Writ Petitioner and Sri BJ Ghosh, learned Government Advocate, Assam. This application has been filed for alteration/modification/cancellation etc. of the interim order dated 17.03.2008 passed by this Court. By the aforesaid order dated 17.03.2008, the Court had put a restraint on the appointment of the Appli cant (Respondent No.7) in the post of Statistical Assistant in the Directorate o f Employment and Craftsmen Training, Assam. The aforesaid restraint was imposed by the Court on a consideration of the submission of the petitioner that in the requisition sent to the Employment Exchange only one post was indicated to be re served for S.C. Candidates, whereas in the Select List published two candidates of the said category had been selected. In such circumstances, the Court had res trained the appointment of the second candidate in order of merit belonging to S .C. Category, who co-incidentally happens to be the Applicant (Respondent No.7) herein. From the affidavit filed by the Official Respondents in the main Writ Petition, it is evident that the selection of the first candidate belonging to S.C. Catego ry was on the basis of his merit and not as a Reserved Category Candidate. If th at be so, the selection of the second candidate of that category, i.e., S.C. Cat egory has to be understood to be justified. In the above facts, there will be no basis for further continuance of the interim order dated 17.03.2008. The said i nterim order, therefore, is vacated. The Official Respondents may act accordingl y. The Misc. Case is allowed.