- (1.) This Review Petition has been filed against our judgment dated November 27, 1992 passed in Civil Appeal No. 2193 of 1989 entitled Bhide Girls Education Society v. Education Officer, Zila Parishad, Nagpur.
(2.) In the above decision we had held that in the case of Dr. Chakradhar Paswan v. State of Bihar, (1988) 2 SCC 214, the decision in Arti Roy Choudhary v. Union of India AIR 1974 SC 532 had been distinguished and it has been squarely laid down that if there was only one post in the cadre, there could be no reservation under Article 16(4) of the Constitution. We had noted that after the aforesaid decision in Dr. Chakradhar's case (supra), the Government of Maharashtra had also issued a Circular letter dated 1st March, 1989 in which it was laid down that in view of the law laid down in Dr. Chakradhar Paswan's case (supra) if a reservation is made for a single post in the beginning of the year for the purpose of filling up the same in future, by way of promotion, that will be unconstitutional. It was also laid down in the Circular that the principle of reservation would not apply in the case of an isolated post.
(3.) The petitioner in the review petition has contended that there is a judgment of three-Judge Bench in C.A. No. 242 of 1992, Sow, Vidyulata Arvind Kakade v. Digambar Gyanba Surwase, dated January 17, 1992 in which a view has been taken that the reservation applies in case of an isolated post also. It has further been pointed out in the Review Petition that in the aforesaid decision of three Judges, the judgment of the Constitution Bench in Arti Roy Choudhary v. Union of India (supra) has been maintained.;