JUDGMENT P. Subramonian Poti, J. 1. R.17A of the Kerala State and Subordinate Service Rules provides that notwithstanding anything contained in the said rules or in the special rules, the State Government may reserve a specified number of posts in any service, class, category or grade to be filed by direct recruitment exclusively from among the members of Scheduled Castes and Scheduled Tribes. 2. By Ext. P2 order of the Government of Kerala, dated 6th August 1970 the Government reviewed the opportunities now provided to the members of Scheduled Castes and Scheduled Tribes in the State in the matter of appointment to public service. Pending evaluation of the backlog in representation of the Scheduled Castes and Scheduled Tribes in Government Service from 1950 onwards a special recruitment of Scheduled Castes and Scheduled Tribes to both gazetted posts and non gazetted posts was envisaged in the said order. One gazetted post each in departments where the total number of posts was less than 100 and 1 per cent of the gazetted posts in other departments was provided for such special recruitment. In regard to non gazetted posts in each department filled up by direct recruitment the special recruitment was to be made to five per cent of the posts provided that by such special recruitment the total number of Scheduled Castes and Scheduled Tribes in each category would not exceed the percentage fixed for them under the rules. Pursuant to this Government seems to have taken action for representation of Scheduled Castes and Scheduled Tribes in the post of Boat masters in the State Water Transport Department. The petitioners are persons who possess the qualifications for such appointment and who are working at the moment as provisional hands in the post of Boatmasters. Ext. P1 notification issued by the Public Service Commission mentioned that recruitment was being made to 43 posts of Boatmasters and further provided that all the 43 posts were reserved for Scheduled Castes and Scheduled Tribes. The petitioners challenge this notification as unwarranted by the provisions of R.17A of the Kerala State and Subordinate Service Rules read with Ext, P2 Government order. 3. R.17A enables the State Government to reserve a specified number of posts in any service, class, category or grade to be filled up by direct recruitment from among scheduled Tribes and Scheduled Castes. That specified number is mentioned in Ext. 3. R.17A enables the State Government to reserve a specified number of posts in any service, class, category or grade to be filled up by direct recruitment from among scheduled Tribes and Scheduled Castes. That specified number is mentioned in Ext. P2 as "5 per cent of the non gazetted posts in each department filled up by direct recruitment, .........". R.14 of the Kerala State and Subordinate Service Rules provides that where the special rules lay down that the principle of reservation of appointments shall apply to any service, class or category or where in the case of any service, class or category for which no special rules have been issued, the Government have, by notification in the gazette, declared that the principle of reservation of appointments shall apply to such service, class or category, appointments by direct recruitment to such service class or category shall be made on the basis specified in the rule. Sub-r.(a) provides that the unit of appointment for the purpose of this rule shall be 20 of which two shall be reserved for Scheduled Castes and Scheduled Tribes. Thus 10 per cent would be the reservation for Scheduled Castes and Scheduled Tribes and Ext. P2 makes it clear that out of this 10 per cent, 8 per cent Is for Scheduled Castes and 2 per cent is for Scheduled Tribes. 4. In justification of the reservation of all the 43 vacancies of Boatmasters for Scheduled Castes and Scheduled Tribes what is stated in the counter affidavit filed by the first respondent is that the total number of non gazetted posts in the Water Transport Department as on 1st April 1976 is 779 and "according to the pattern fixed, 10 percent of the total non gazetted posts can be filled up from the Scheduled Castes and Scheduled Tribes candidates." That was taken to be 78. There were 10 persons belonging to that category in the department in the non gazetted posts and the rest had to be filled up and therefore when 43 vacancies of Boatmasters arose the Public Service Commission was asked to advise for the said posts. It was also mentioned that Government passed an order on 11th December 1976 reserving 57 non gazetted posts in the State Water Transport Department. But this was subsequent to Ext. P1 notification and Ext. P1 was not based upon this order. 5. It was also mentioned that Government passed an order on 11th December 1976 reserving 57 non gazetted posts in the State Water Transport Department. But this was subsequent to Ext. P1 notification and Ext. P1 was not based upon this order. 5. The Government is under the erroneous impression that since R.14(a) provides for reservation of 10 per cent by direct recruitment in accordance with the rules for Scheduled Castes and Scheduled Tribes that is the percentage for appointment by special recruitment. R.17A enable action at any point of time on the part of the Government reserving a specified number of posts to be filled up by direct recruitment. This is evidently in order to maintain the balance. Had it not been for the rule in any service where there was very poor representation of Scheduled Castes and Scheduled Tribes at any point of time the recruitment can nevertheless be only in accordance with the cycle of representation envisaged in R.14(a). That would mean that at no time can effective representation be given to the Scheduled Castes and Scheduled Tribes in case at an earlier point of time they were not well represented in any service. class, category or grade. If Government under Ext. P2 thought that 5 per cent of the places were to be reserved for special recruitment any special recruitment pursuant thereto can reserve only 5 per cent of the places. It is strange logic that 10 per cent of the places should be reserved because R.14(a) refers to 2 in every cycle of 20 appointments by direct recruitment to be made from out of Scheduled Castes and Scheduled Tribes candidates. That has no relevancy to the total strength of a category or class. That only refers to the proportion out of vacancies which occur from time to time. There is a proviso in Ext. P2 to the clause regarding special recruitment for non gazetted posts. That is intended to see that as between Scheduled Castes and Scheduled Tribes in each category the percentage fixed under the rules is not exceeded. That again is necessary, for, unless such a provision is made the entire 5 per cent may be taken up by Scheduled Castes in some instance giving no representation to Scheduled Tribes. 6. That is intended to see that as between Scheduled Castes and Scheduled Tribes in each category the percentage fixed under the rules is not exceeded. That again is necessary, for, unless such a provision is made the entire 5 per cent may be taken up by Scheduled Castes in some instance giving no representation to Scheduled Tribes. 6. It also seems to me that it is the 5 per cent of the non gazetted posts in each department filled up by direct recruitment that is envisaged in Ext. P2. It is not the total of all posts in the department. A good part in each department would be posts to which appointment would be by promotion. Reservation is to posts to which appointment is by direct recruitment, for, when once a person is directly recruited the normal rule of promotion depends on seniority unless there is specific provision for preference or reservation even at the stage of promotion. In calculating the posts as 78 the posts that have been taken into account are not only the posts to which direct recruitment is to be made but also other posts. Instead of 5 per cent 10 per cent is taken into account. Evidently these have resulted in all the places of Boatmasters being set apart for special recruitment. This is not justified. In the circumstances Ext. P1 is quashed. This does not preclude the Government from proceeding to make special recruitment in accordance with law. Disposed of as above. No costs.