Honble SHETHNA, J. –The petitioner has filed this petition challenging his non appointment to the post of Officer by the respondent Bank pursuant to the select list, though, he was selected and placed at serial No. 12 in the select list. (2). The respondent Bank has filed a detailed reply affidavit and pointed out that the petitioner belongs to General Category and as per the select list of the General candidates, at Annexure R/3 to the reply, the petitioner was placed at serial No. 12 as per the merits in the list. In all 14 candidates were selected by that select list including the present petitioner for the appointment to the post of Officers, on the basis of written test, held on 25th November, 84 and oral interview held on 11,12 and 13th March, 1985 respectively. (3). The bank has categorically denied in reply para 7 to its affidavit that the persons who were below the petitioner in the merit have been given appointment in the bank. The persons who are at serial nos. 1 to 14, at Annexure 1 to the petition, are from general category and rest of the persons from serial nos. 15 to 27 belong to the reserved cattegory i.e. Scheduled Castes and Scheduled Tribes. (4). The bank has come out with a clear case that as per the directives of the Government of India with regard to reservation of posts for Scheduled Castes and Scheduled Tribes to fill in vacancies in Regional Rural Banks, 16 percent posts are reserved for Scheduled Caste persons and 12 percent posts are reserved for Scheduled Tribe persons as per Circular dated 11th March, 1977 at Annexure R/5. (5). The Bank has further stated in reply affidavit that as per Business Plan in the year 1985, only 13 new officers required to be recruited out of the panel of 27 candidates declared on 16th March, 1985. As two Officers of the Bank were to leave the services of the Bank, it was decided to recruit two more officers from the approved panel of 27 candidates, and, therefore, as per directions issued by Government of India for appointment of Scheduled Caste and Scheduled Tribe candidates, out of 15 vacancies, 7 vacancies were to be filled in by candidates belonging to Scheduled Castes and Scheduled Tribes and 8 vacancies were to be filled in from the General category. Therefore, initially, the bank issued appointment orders of first 8 candidates out of 14 candidates from the General category selected in the General category and first six candidates of Scheduled Castes and one of Scheduled Tribe. Thus, in all 15 candidates were issued the appointment orders. However, one of the candidates of the General category did not joint, therefore, another candidate at serial No.9 was issued appointment order on 30th April, 85 and one more appointment order was issued to a candidate, who was at serial no. 10 on 2nd September, 1985, as one more officer working in the bank was to leave the job. (6). The Bank has pleaded in its reply that the select list was prepared in March, 1985 which for a period of one year, and therefore, it was expired in March, 1986, therefore, the said select list prepared in March, 1985 has not remained in force after a period of one year i.e. from March, 1986, and therefore, no appointment can be made from that list after March, 1986. (7). Learned counsel for the petitioner has vehemently urged that once the select list is prepared, it cannot be scrapped after a period of one year. It there were vacancies, then it should have been continued and as and when the vacancy occurred, the petitioner should have been appointed from that select list. (8). This submission cannot be accepted for the simple reason that the said select list was only for one year and it automatically comes to an end when its term expired after one year. Merely because the person is selected and his name is included in the select list, it will not give any right much less fundamental right to the petitioner to be appointed on the post, if there is no clear post at that time. In the same manner, the petitioner cannot insist that the said list to continue, in definitely. Therefore, the first submission made by learned counsel for the petitioner is rejected. (9). Learned counsel for the petitioner then submitted that as per Annexure 7, the respondent Bank could have made the appointment of Scheduled Caste and Scheduled Tribe persons up to 28% only. But, in this case, at the first instance out of 15 persons, who were appointed, the Bank issued appointment orders of 8 persons from General Category and 7 persons from Scheduled Castes and Scheduled Tribes. But, in this case, at the first instance out of 15 persons, who were appointed, the Bank issued appointment orders of 8 persons from General Category and 7 persons from Scheduled Castes and Scheduled Tribes. That means almost 50% which has exceeded its limit of 28%. (10). It is true that by appointing 7 persons from Scheduled Castes and Scheduled Tribes persons, the Bank has exceeded quota of 28% by appointing 7 persons from the category of Scheduled Castes and Scheduled Tribe persons. But the Bank had a clear backlog of the past years, therefore, it has filled up the post for the Scheduled Castes and Scheduled Tribes persons of the past years, which were lying vacant since long. In my opinion, the Bank was right in carry forwarding the post of Scheduled Caste and Scheduled Tribe persons for the next years, if no suitable candidates were found in the previous years. Unless and until there is a mandate or direction from the Government not to carry-forward the vacant post of Scheduled Caste and Scheduled Tribe persons. But, in my view if Government had issued such Circular or directions, it would be against the interest of Scheduled Caste and Scheduled Tribe persons and it would have been straight away struck down by the Court. (11). Under the Constitution, certain benefits are extended to Scheduled Caste and Scheduled Tribe persons and merely because some eligible candidates were not available in the past, it would not mean that their quota will lapse. It has to be carried-forward. Therefore, in my view the Bank has done nothing wrong in filling up the post of the past years belonging to the Scheduled Caste and Scheduled Tribe persons. (12). In view of the above discussion, this petition fails and is dismissed with no order as to costs.