JUDGMENT B.L. Yadav, J. - By the present petition under Article 226 of the Constitution of India, the petitioner has prayed for a writ of mandamus directing the respondents to issue an appointment letter to the petitioner in respect of the examination held on 29-12-1986 followed by the interview for the post of Stenographer in the office of respondent No. 2, namely, the Joint Director of Industries, Jhansi Division, Jhansi. 2. The facts of the case are almost admitted. The examination for the post of 5 vacancies of Stenographers in the office of respondent No. 2 was held on 29-12-1986. The petitioner appeared as a Scheduled Caste candidate for one of the said vacancies and secured highest marks amongst the Scheduled Caste candidates. But the appointment letter is not being issued inspite of the order and direction of the Director/Joint Director dated 6-5-1987 (Annexure-4 to the petition), which made a reference to the G.O. No. 15/73 (2), dated 1-5-1976 providing that in the matters of appointment of Scheduled Caste and Scheduled Tribe candidates to fill up the reserved vacancies, in case they do not come to the average standard, in that event the average standard has to be relaxed and the appointment ought to be made, so that reserved quota might be filled up. After the appointment they can be given training to come up to the standard and they shall be governed by the relevant rules. After the appointment they can be given training to come up to the standard and they shall be governed by the relevant rules. It is better to quote that portion (In Annexure 2, Paras 2 and 3) in verbatum as follows : "(2) gky gh esa ;g iz'u fopkjkFkZ vk;k fd iwoksZor vkns'kksa esa nh xbZ lqfo/kk Hkkjr ljdkj }kjk nh xbZ lqfo/kkvksa ds vuq:i gS ;k ughaA ;g vuqHko fd;k x;k fd bl lEcU/k esa jkT; ljdkj }kjk nh xbZ lqfo/kk;sa Hkkjr ljdkj }kjk nh xbZ lqfo/kkvksa ds vuq:i ugha gS] vr,o 'kklu us ;g fu.kZ; fy;k gS fd Hkfo"; esa lh/kh Hkjrh ds ekeys esa pkgs og ijh{kk }kjk gh ;k vU;Fkk ;fn vkjf{kr lHkh fjfDr;ksa dks Hkjus ds fy, lkekU; ekin.M ds vk/kkj ij vuqlwfpr tkfr ds mEehnokj dkQh la[;k esa miyC/k u gks rks 'ks"k vkjf{kr fjfDr;ksa dks Hkjus ds fy, bu leqnk;ksa ds mEehnokjksa dks pquk tk ldrk gSa] c'krsZ fd os ,sls in ;k inksa ds fy, vk;ksX; u ik;s tk;sA nwljs 'kCnksa esa ftl gn rd vuqlwfpr tkfr;ksa vkSj vuqlwfpr tu tkfr;ksa ds fy, vkjf{kr fjfDr;ksa dh la[;k lkekU; ekin.M ds vk/kkj ij Hkjh u tk ldh gks ml gn rd bu leqnk;ksa ds mEehnokjksa dks ekinUM f'kfFky djds ys fy;k tk;sxk rkfd vkjf{kr dksVs dh deh dks iwjk fd;k tk ldsA c'krsZ fd ;s mEehnokj ,sls in@inksa ij fu;qfDr ds fy;s ;ksX; gksA ( 3 ) mijksDr ds vfrfjDr ;fn Js.kh 3 o 4 ds vizkfrf/kd vkSj rnFkZ izkfo/;Z lsokvksa@inksa esa vuqlwfpr tkfr o tu tkfr ds fy;s ftrus fjDr in vkjf{kr gks mu ij fu;qfDr Hkh miyC/k u gks rks muesa ls ,sls loksZRre vH;fFkZ;ksa dk p;u djsa] ftuesa HkRrhZ ds uksfVl foKkiu es nh xbZ U;wure 'kSf{kd vkns'k gSA bu vH;fFkZ;ksa dks ml U;wure ekU; rd ykus ds fy;s tks bu inksa ds fy;s rFkk iz'kklu dks n{krk cuk;s j[kus ds fy;s vko';d gks] lsokjr izf'k{k.k fn;k tkuk pkfg;sA lsokjr izf'k{k.k dh O;oLFkk fu;qfDr izkf/kdkfj;ksa }kjk muds vius gh dk;kZy;ksa esa dh tk;sxhA ,sls vH;fFkZ;ksa dks fu;qfDr ds ckn ifjoh{kk/khu j[kk tk;sxkA ,sls vH;fFkZ;ksa dks fu;qfDr ds ckn ifjoh{kk/khu j[kk tk;sxkA vkSj ifjoh{kk lEcU/kh fu;e@vkns'k mu ij ykxw gksaxsA " 3. A counter affidavit has been filed on behalf of the respondents and in para 7 and other paragraphs it has been indicated that the candidates were not having requisite qualifications in typing and shorthand as per the norms prescribed by the Government order, hence no appointment could be made. 4. Learned counsel for the petitioner urged that as the petitioner was a Scheduled Caste candidate and reservation was made on account of social disabilities, to do social justice with that section of society, the preamble of our Constitution was to constitute India into a soveriegn, socialist, secular and demcoratic republic and secure all its citizens justice-social, Economical and political and equality of status and opportunity. Hence on account of social disability with which members of the Scheduled Caste and Scheduled Tribe suffer, it became imperative to make special provision relating to certain classes, Scheduled Caste and Scheduled Tribe etc. In part XVI (Articles 330 to 334) of the Constitution of India and the Constitution (Scheduled Caste) Order, 1950 was enacted indicating the castes which could said to constitute Scheduled Caste for appointment against the reserved quota. If a particular vacancy has been reserved for the socially handicapped persons and the object of the Constitution is to provide justice, social, economic and political, at the same time the Constitution is socialist in nature, hence to bring about equality amongst one citizen and the other, the social disabilities and disadvantages have to be made paramount consideration in such matters of appointment. As the Director/Joint Director of Industries has also recommended after considering the representation and letter by the petitioner and the District Harijan and Social Welfare Officer dated 22-4-1987 (Annexure-1 to the petitioner), consequently, the appointment letter ought to have been issued to the petitioner. 5. Learned Standing Counsel, on the other hand, urged that as the petitioner did not obtain marks upto the norms prescribed, hence he could not be selected and the appointment letter has correctly not been issued to him. It may be mention that at an earlier stage an interim mandamus has already been issued by order dated 4-8-1988 directing the respondents to issue appointment letter to the petitioner or the show cause. It may be mention that at an earlier stage an interim mandamus has already been issued by order dated 4-8-1988 directing the respondents to issue appointment letter to the petitioner or the show cause. But inspite of complying the said interim mandamus a counter affidavit had been filed showing the cause that as the petitioner could not come to the standard prescribed in the examination even though he obtained highest marks amongst the Scheduled Caste candidates, hence the appointment letter could not be issued. 6. Having heard the learned counsel for the parties, we are of the opinion that the petitioner has made out a case for issueance of a writ of mandamus. We are conscious that normally we would not have directed the respondents to issue appointment letter to petitioner, rather we would have directed to reconsider the case of petitioner, but as the Director of Industries himself has considered the case of petitioner and has passed the order dated 6-5-1987 (Annexure-4) directing Sri Khare to issue appointment letter to petitioner. That letter did contain reference of the aforesaid Government Order dated 10-5-1976 (at page 16 of the Paper Book) that in case competent members of the Scheduled Caste are not available in making appointment and they do not come to the average standard prescribed, in that case appointment may be made and thereafter they may be sent for training while in service in accordance with rules. A similar Government Order dated 10-5-1976 referred to in Annexure-4 has been filed as Annexure-2 to the petition indicating that the facilities given to the members of Scheduled Caste are not consistent as given by the Union of India, and this has been decided that in direct appointment, either by examination or through interview, if there arises a question to fill up the vacancy in respect of reserved quota from the members of the Scheduled Caste, in that event in case they do not come to the standard prescribed, the standard can be relaxed and appointment can be made. The actual words are as follows : " mi;qZDr 'kklukns'k la[;k 15@15@73@2 jk0,dks0 fnukad 10 ebZ] 1976 esa Li"V izkfo/kku gS fd vuqlwfpr tkfr;ksa vkSj vuqlwfpr tutkfr;ksa ds fy, vkjf{kr fjfDr;ksa dks la[;k lkekU; ekin.M ds vk/kkj ij Hkjh uk tk ldh gks ml gn rd bu leqnk;ksa ds mEehnokjksa dks ekin.M f'kfFky djds ys fy;k tk;sxk rkfd vkjf{kr dksVs dh deh dks iwjk fd;k tk ldsA 'kklukns'k ds vfUre izLrj esa ;g Hkh izkfo/kku fd;k x;k gS fd bu vH;fFkZ;ksa dks ml U;wure ekU; rd ykus ds fy, tks bu HkrhZ ds fy, rFkk iz'kklu dh n{krk cuk, j[kus ds fy, vko';d gks] lsokjr izf'k{k.k fn;k tkuk pkfg,A lsokjr izf'k{k.k dh O;oLFkk fu;qfDr izkf/kdkfj;ksa }kjk muds vius gh dk;kZy;ksa esa dh tk;sxhA ,sls vH;fFkZ;ksa dh fu;qfDr ds ckn izf'k{k.k j[kk tk;sxk ifjf'k{kk lEcU/kh fu;e@vkns'k mu ij ykxw gksaxsA vr% vkidks funsZf'kr fd;k tkrk gS fd 'kklukns'k ds fu;ekuqlkj Jh jktsUnz dqekj vkRet Jh ckcw jke ds mDr in ij fu;qfDr ds vkns'k rqjUr tkjh djus dh dk;Zokgh djsa rFkk dqy eq>s voxr djkus dk d"V djsaA lnHkko lfgrA Hkonh; viBuh; ( la;qDr funs'kd m|ksx ) 7. As the petitioner was a member of Scheduled Caste and reservation was made keeping in view the social disabilities with which member of the Scheduled Caste suffers and the aims and objects of our Constitution are to provide justice including social, political and economic to its citizens, there could be no social justice or economic justice unless members of the Scheduled Caste are appointed by granting some grace marks or by relaxing the standard prescribed. In the present case as the petitioner has obtaine highest marks amongst all the candidates of Scheduled Caste, there could be no doubt that if any selection has to be made from amongst the members of his class, he was the best candidate. No doubt the services of a stenographer require technical qualification having prescribed speed in Shorthand and typing. Very often it does happen that a candidate having been provided a typewriter which does not work satisfactorily and on account of some nervousness of the examination itself, he might be handicapped so as not to bring out the result of transcription in the time-limit. In such matters instead of taking a very rigid view void of common sense and actual reality of the Constitution, some allowances have to be made. In such matters instead of taking a very rigid view void of common sense and actual reality of the Constitution, some allowances have to be made. In the present case we are satisfied that the petitioner having topped the list of candidates belonging to his class, was the best candidate even though he was slightly below the standard prescribed, for stenography. That defect could be made good by providing him training while in service as contemplated by the Government Order dated 22-4-1987 (Annexure-1) and the reference of the same in the letter of the Director dated 6-5-1987 (Annexure-4). 8. As the representation was made by the petitioner and a recommendation was also made by the District Harijan and Social Welfare Officer by letter dated 22nd April, 1987 .(Annexure-1), particularly in view of the acceptance of approval of the case of petitioner by the Director of Industries, we have no manner of doubt that the petitioner has made out a case for being appointed on the post of Stenographer in the office of respondent No. 2, the Joint Director of Industries, Jhansi in pursuance of the examination held on 29-12-1986. Normally we would have directed the respondent No. 2 to consider the case of petitioner, but as the case from all angle has been approved by the Director of Industries vide his letter dated 6-5-1987 and a direction was already issued to issue the appointment letter to petitioner, it would be just a formality to direct respondent No. 2 to resconsider the matter. 9. Applying posterior and priors reasoning's, we are satisfied that a case for issuence of a writ of mandamus has been made out, 10. In the result, therefore, the petition succeeds and is allowed. Respondent No. 2, the Joint Director of Industries, Jhansi Division, Jhansi, is directed to issue the appointment letter to petitioner in pursuance of the examination held on 29-12-1986, forthwith and keep the petitioner on training for sometime while in service, till his performance comes to the norms prescribed. Under the circumstances, however, we refrain from making any order as to costs.