ORDER 1. Special leave granted. 2. The impugned order of the Tribunal suffers from an infirmity which goes to the root of the matter. The respondent Han Singh Barkodia belongs to the Scheduled Caste. His grievance is that when a Scheduled Tribe candidate was not available, the post reserved for Scheduled Tribe should have been converted to one reserved for Scheduled Caste and he should have been appointed to the post in question rather than appointing a person belonging to the general category. Now; according to the relevant rule, if a Scheduled Tribe reserved post cannot be filled up for want of availability of candidates then in the third year that post would be converted as a post reserved for Scheduled Caste and a candidate belonging to that caste would be entitled to be appointed thereto. Therefore, even if we were to assume that the general category candidate should not have been appointed, the respondent had no right to be appointed on the ground that the post was reserved for Scheduled Caste candidate since the time for convers view of the Tribunal. 3. We, therefore, allow this appeal, set aside the impugned order of the Tribunal and direct that the original application shall stand dismissed. No order as to costs.