SANKAR PROSAD GHOSH Vs. STATE OF WEST BENGAL AND OTHERS
LAWS(CAL)-1996-9-47
HIGH COURT OF CALCUTTA
Decided on September 25,1996

SANKAR PROSAD GHOSH Appellant
VERSUS
State of West Bengal and Others Respondents


Referred Judgements :-

DR. CHAKRADHAR PASWAN V. STATE OF BIHAR [REFERRED TO]
HETANA DILIP MOTGHARE VS. BHIDE GIRLS EDUCATION SOCIETY NAGPUR [REFERRED TO]


JUDGEMENT

Bhagabati Prosad Banerjee, J. - (1.)This is a very peculiar case. It appears that there is only one post in the Junior High School in question and that the District Inspector of Schools concerned has declared the said post reserved for Scheduled Caste candidate.
(2.)The Supreme Court in the case of Dr. Chakradhar Paswan Vs. State of Bihar reported in 1988(2) SCJ 67 held that when there is only one post in the cadre no reservation can be made under Art. 16(4) of the Constitution of India Subsequently in Chetanax Dilip Motghare Vs. Bhide Girls' Education Society. Nagpur reported in AIR 1994 SC 1917 it was held by the Supreme Court that single permanent post could not be reserved'.
(3.)In the instant case, admittedly there is only one post in the school in question and, accordingly, there cannot be reserved quota for such single post.
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