K.C. Bhargava, J. - (1.) This is a petition under Article 226 of the by respondent No. 3 by which single post has Constitution of India for issuing a writ in the been reserved for Scheduled Caste and nature of certiorari quashing the order passed Scheduled Tribe Candidate. The petitioner further prays for regularisation of her service and appointment in continuance of her work.
(2.) Learned counsel for the petitioner as well as learned counsel for the State have been heard who agree that this petition may be finally disposed of at this stage.
(3.) Learned counsel for the petitioner has argued that there is only one post of Librarian in the Council of Science and Technology, U.P. and the said post of Librarian is reserved for SC/ST Candidate. Learned Counsel for the petitioner has further argued that there is only one post of librarian and that cannot be reserved for SC/ST candidate in view of the principles laid down by the Hon'ble Supreme Court in the case of Dr. Chakradhar Paswan v. State of Bihar, (1988) 2 SCC 214 . In para 9 of the above decision the Hon'ble Supreme Court has dealt with the question of reserving the only post in the cadre of SC/ST. After considering the case the Hon'ble Supreme Court held that if there is only one post in cadre there can be no reservation under Article 16(4) of the constitution. The concept of reservation under Article 16 of the Constitution of India is that if there is more than one post then reservation can be done only upto 50%. This proposition of law has also been approved by the Hon'ble Supreme Court in its latest decision. Therefore, in view of this the opposite parties cannot reserve the only post for SC/ST in the cadre. Therefore, this order cannot be enforced as far as this post of Librarian is concerned.;