IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 15813 of 2010 Date of Decision: 24.08.2011 Harbhajan Kaur ...Petitioner Versus State of Punjab and others ..Respondents. CORAM: HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. Bhupinder Banga, Advocate, for the petitioner Ms. Sudeepti Sharma, Deputy Advocate General, Punjab. **** SURYA KANT .J.(Oral) Petitioner seeks a direction for appointment as JBT/ETT teacher on the plea that even after appointing 46 female candidates against 46 advertised posts, 10 more posts are still lying vacant and these 10 posts were reserved for scheduled caste candidates and have remained unfilled due to non-availability of suitable candidates belonging to the said reserved category. The petitioner claims appointment against these 10 posts as she was in the waiting list in the general category. CWP No. 15813 of 2010 [2] Respondents have filed their reply/affidavit and in para No.6 of the reply on merits, they have taken a specific stand which reads as under:- “That the contents of para No.6 are admitted to the extent that the name of the petitioner stands at Sr. No. 9 in the female General category in the waiting list. Rest of this para is denied. Reserve category seats remaining vacant are to be filled from reserve category itself. One or more advertisements are to be given for reserved category seats. The petitioner has no right against these seats which have not been filled.” In my considered view no direction for appointment of a general category candidate in the waiting list against an unfilled reserved post can be issued. The respondents will be well within their rights to issue fresh advertisement to fill up the reserved posts and in case of non-availability of suitable candidates to take an appropriate policy decision. With these observations, the petition stands disposed of. (SURYA KANT) 24.08.2011 JUDGE 'ravinder'