JUDGMENT K.C. Bhargava, J. - This is a petition under Article 226 of the Constitution of India for issuing a writ in the nature of certiorari quashing the order passed by respondent No. 3 by which single post has been reserved for Schedule Caste and Schedule 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 S.C./S.T. candidate; Learned counsel for the petitioner has further argued that there is only one post of librarian and that cannot be reserved for S.C./S.T. 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 for S.C./S.T. 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 S.C./S.T. in the cadre. Therefore, this order cannot be enforced as far as this post of librarian is concerned. 4. Learned counsel for the petitioner has further argued that the petitioner is working since April, 1992 as daily wager & now the petitioner is not being allowed to work on that post. It has been argued that this post of librarian is to be filled up by the duly selected candidate by the Selection Committee and the Selection Committee has not selected any candidate for this post.
It has been argued that this post of librarian is to be filled up by the duly selected candidate by the Selection Committee and the Selection Committee has not selected any candidate for this post. Therefore, in the opinion of the Court it will be desirable and proper that the petitioner should be allowed to continue to work till the duly selected candidate takes over. 5. The petition is allowed with a direction that the post of librarian in the Department of Council for Science and technology, U.P. shall be filled up by a general candidate only and shall not be deemed to be a post reserved for S.C./S.T. candidate. It is further directed that till a duly selected candidate takes over the petitioner shall be allowed to continue on this post as librarian on daily wage basis and she shall be paid her wages accordingly. It is also directed that whenever the selection takes place for the post of librarian the petitioner's name shall also be considered if she applies for that post and is also eligible for the same. 6. The petition stands disposed of finally.