Bhagabati Prasad Banerjees, J. - (1.) This Writ petition was moved by the petitioner against the selection of the respondent No.6 in the post of the Reader under North Bengal University. The facts of the case, in short, are that an advertisement was made for the post of Reader of the University concerned for Zoology and Commerce(Specialisation Industrial Economics/Labour Relations) All the posts were reserved for the candidates belonging to SC/ST, provided they fulfilled the essential qualifications laid down. If SC/ST candidates were not found available or not found suitable posts would be filled up from general categories. Hence non SC/ST candidates might also apply.
(2.) The petitioner's case is that the petitioner was the only scheduled caste candidate for the post applied. But the petitioner was not selected and on the contrary the said post was filled up by selecting the respondent No.6 herein from open general category or in other words, from the non-scheduled cast and non-scheduled tribe category.
(3.) On behalf of the petitioner, it was submitted that when the post has been reserved for the scheduled caste and scheduled tribe candidate, then that post must be filled up by scheduled caste/scheduled tribe candidate and if no candidate is found suitable, then the post has to be carried forward in future for the purpose of filling up by that category. It was further suggested that in case no scheduled caste/ scheduled tribe candidate was found suitable. In that event, it was obligatory on the part of the respondents concerned to make a fresh advertisement for filling up the said post.;