ORDER In the present writ application the petitioner has prayed for issuance of an appropriate order to the respondents not to fill up the post of Scientific Officer by direct recruitment as the said post is meant for being filled up by promotion as per the Government policy and further to consider his case for promotion on the said post. 2. The petitioner along with another person moved this Court earlier also in C.W.J.C. No. 6368 of 1991 with similar prayer. The said writ petition was disposed of by an order dated 27.8.92 (annexure 1') with an observation that the petitioner of the said case should file a fresh representation before respondent no 2 of the said writ petition, who shall look into their grievance and dispose of the same by a reasoned order within three months of the receipt of the representation. It is stated that the petitioners of the said case made representation but the same was not disposed of within the time fixed by this Court. However, their representation has been disposed of by an order dated 21.9.94, the validity of which has been challenged in the amendment petition at flag T. The said order has been annexed as Annexure 8' to the said petition. From the said order it appears that the State Government decided to fill up the two vacant posts of Scientific Officer from the reserve category by direct recruitment. 3. It is contended by Sri Atul Chandra, learned Counsel for the petitioner that as per the Government's Rule, contained in its Resolution (Annexure 9) out of the total number of sanctioned posts 50% has to be filled by promotion and 50% by direct recruitment. The petitioner has stated on oath that no post has been filled up by promotion till date. 4. Earlier this matter was heard on two occasions and lastly on 1.8.95. State was directed to file supplementary counter affidavit explaining the actual number posts of Scientific Officer sanctioned in the department and as to how many posts are filled up by direct recruitment and/or by promotion. Pursuant thereto a supplementary counter affidavit has been filed on behalf of the respondents. In the said counter affidavit besides giving the details of sanctioned post as also the said post being occupied by persons directly recruited as well as by promotion. Pursuant thereto a supplementary counter affidavit has been filed on behalf of the respondents. In the said counter affidavit besides giving the details of sanctioned post as also the said post being occupied by persons directly recruited as well as by promotion. It is stated that now only two posts are vacant and out of them, one post is to be filled up by promotion and other by direct recruitment. According to the respondents as per the roster of reservation, the vacant posts for promotion falls on point 2 which is reserved for scheduled caste and the other vacant post by direct recruitment falls on point 4 of roster which is reserved for Schedule Tribes. It is admitted that there is no candidate of scheduled caste cate90ry available in the department for promotion. However, it is stated that as such, the Government has taken decision on 4.1.93 to fill up the said post also by direct recruitment. 5. In my opinion, the said decision of the State Government can not be sustained on the face of the rule as contained in the Government Resolution dated 18th July, 1984 (Annexure 6) to the amendment petition which provides for 50% of the sanctioned posts of Scientific Officer being filled up by direct recruitment and 50% by promotions. The post, which is earmarked for being filled up by promotion, can not, in my opinion be filled up by direct recruitment so long the officer in the cadre is available and is eligible for being promoted to the said post. It may be true that the candidate in the reserve category is not available, yet as per the Government Rule itself in the absence of a candidate being available in the reserve category the post is to be filled by a candidate belonging to general category after de-reserving the same. It is not disputed that the petitioner, who belongs to general category is eligible for promotion to the aforementioned vacant post of Scientific Officer. Thus, in the circumstances aforementioned in my opinion, the State Government was bound to consider the case of the petitioner along with the cases of all other eligible candidates for the said post after de-reserving the same in accordance with law. 6. Thus, in the circumstances aforementioned in my opinion, the State Government was bound to consider the case of the petitioner along with the cases of all other eligible candidates for the said post after de-reserving the same in accordance with law. 6. In the result, the application is allowed and the respondents 2 to 3 are directed to consider the case of the petitioner along with all other eligible candidates for promotion to the post of Scientific Officer in accordance with law within a period of two months from the date of receipt/production of a copy of this order.