., J. ( 1 ) THE petitioner claims to be a member of the Other Backward Classes, "o. B. C. " for short. According to the petitioner, pursuant to an advertisement published by the respondent Bank for filling up ten posts of Management Trainees, he was asked to appear at an interview at the Head Office of the Bank on 5th April, 1997. It is the petitioner's case that no written test was held and the petitioner was orally interviewed along with other general candidates. ( 2 ) IT is the petitioner's grievance that the respondent Bank did not reserve the requisite number of posts meant for O. B. C. candidates as per the 200 point roster introduced by Office Memorandum dated 22nd October, 1993, of the Government of India. According to the petitioner, the respondent Bank was required to reserve two of the ten vacant posts for O. B. C. candidates in terms of the said 200 point roster, which it failed to do so. ( 3 ) IT is also the petitioner's grievance that, although, in the case of O. B. C. candidates some relaxation in standard was required to be made, no such relaxation was made as far as the petitioner was concerned and, as stated hereinbefore, he was interviewed along with the general candidates in complete disregard of the directions contained in Office Memorandum dated 31st July, 1970, which provides that for reserved vacancies, interviews of Scheduled Castes and Scheduled Tribes candidates should be held on a day or sitting of the Selection Committee other than the day or sitting on which general candidates are to be interviewed, so that Scheduled Castes and Scheduled Tribes candidates are not judged in comparison with general candidates and the interviewing authority is prominently aware of the need for judging Scheduled Castes and Scheduled Tribes candidates by relaxed standards. ( 4 ) APPEARING on behalf of the writ petitioners, Mr. Sarder Amzad Ali submitted that as per the 200 point roster, out of the ten vacancies the respondents concerned were required to reserve two posts for Scheduled Castes candidates, one post for a Scheduled Tribe candidate and two posts for O. B. C. candidates. ( 4 ) APPEARING on behalf of the writ petitioners, Mr. Sarder Amzad Ali submitted that as per the 200 point roster, out of the ten vacancies the respondents concerned were required to reserve two posts for Scheduled Castes candidates, one post for a Scheduled Tribe candidate and two posts for O. B. C. candidates. In the event, no suitable candidates in the said reserved categories were available, the said posts were required to be kept vacant for three years after which if still such candidates were not available, the said posts could be filled up from amongst the general candidates. ( 5 ) MR. Ali submitted that the respondent Bank had not only failed to act in terms of the norms and the guidelines for relaxation in the case of candidates belonging to the Scheduled Castes or Scheduled Tribes or Other Backward Classes, but it had also failed to abide by the directions issued by the Central Government with regard to the reservation of post for such candidation. ( 6 ) REFERRING to the affidavit affirmed by one Shri Milan Kr. Das, in his capacity as the Deputy General Manager (Administration and Personnel) of the respondent Bank, Mr. Ali submitted that the petitioner's allegations would be borne out from the averments made in the said affidavit itself. Mr. Ali pointed out that in sub-paragraph (vi) of paragraph 6 of the said affidavit, it had been stated that on the basis of the merit list, letters of appointment had been issued to the first eight candidates who had scored 60% and above and that since some of the said candidates had not accepted the offer of appointment as Management Trainee, eventually the management of the Bank issued offer letters to the next five candidates having obtained 50% marks and above. Mr. Ali pointed out that as per the averments made in the said paragraph, eight out of the ten vacant posts have been filled up, which clearly corroborated the petitioner's case that the 200 point roster had not been maintained by the respondent Bank. ( 7 ) MR. Ali then submitted that the Bank had also taken a stand in its said affidavit that since the posts in question were all of a temporary nature, the question of saparately interviewing candidates belonging to the reserved categories on a separate date from the fixed for general candidates, did not arise. Mr. ( 7 ) MR. Ali then submitted that the Bank had also taken a stand in its said affidavit that since the posts in question were all of a temporary nature, the question of saparately interviewing candidates belonging to the reserved categories on a separate date from the fixed for general candidates, did not arise. Mr. Ali submitted that it was also the stand of the Bank that only in case of direct recruitment was it necessary to interview candidates from the reserved categories on a date separate from that fixed for general candidates. Mr. Ali submitted that it had also been stated in the said affidavit that the 200 point restor was applicable only in the case of direct recruitment and would have no application for ex-cadre pasts. According to the Bank, the question of direct recruitment would arise only when the Management Trainees were to be permanently absorbed after the training period. ( 8 ) MR. Ali urged that even if the post of Management Trainee is an ex-cadre post of a temporary nature, even then, the policy with regard to the reservation of posts would apply in case of such post. ( 9 ) MR. Ali urged that the circulars/notifications of the Central Government in respect of reservation for Scheduled Castes, Scheduled Tribes and O. B. C. candidates having statutory force, an appointment to the post of Management Trainee amounted to appointment on probation and the respondent authorities were, therefore, under an obligation to comply with the directions contained in the circulars/notifications of the Central Government in respect of reservation. ( 10 ) MR. Ali urged that from the views expressed in the affidavit affirmed on behalf of the respondent Bank it was amply clear that the Bank had not complied with the directives of the Central Government made under Article 16 (4) of the Constitution and the recruitment process for filling up the ten vacant posts of Management Trainee stood vitiated as a result of such non-compliance. ( 11 ) OPPOSING the writ application on behalf of the respondent Bank, Mr. ( 11 ) OPPOSING the writ application on behalf of the respondent Bank, Mr. Ashoke De learned advocate submitted at the very outset that notwithstanding what had been stated in the affidavit affirmed on behalf of the respondent Bank, the Bank had complied with all the directives of the Central Government with regard to the reservation of Ports and that, in fact, out of the ten vacancies, five had been reserved for candidates from the general category while two of the said vacancies were reserved for Scheduled Castes candidates, one was reserved for a Scheduled Tribe candidate and two were reserved for O. B. C. candidates. Mr. De, however, urged that since no suitable candidate had been found for the O. B. C. category, such vacancies would be carried forward for the next selection. Mr. De urged that the right of the O. B. C. candidates had been fully protected. ( 12 ) IN this context, Mr. De submitted that as would appear from annexure "a" to the affidavit affirmed on behalf of the respondent Bank, the writ petitioner had obtained only 34. 5% marks and had been placed in the 22nd position in the Merit List. Mr. De urged that even in keeping with the relaxed standard for O. B. C. candidates, the marks secured by the petitioner were well below the qualifying marks and hence his case could not be considered for filling up one of the posts reserved for O. B. C. candidates. ( 13 ) MR. De submitted that the statements made in the affidavit affirmed on behalf of the respondent Bank had been referred to by Mr. Ali out of context which had distorted the sense sought to be conveyed. Mr. De pointed out that all the guidelines relating to reservation as indicated by the Central Government had been dully followed by the bank and relaxation had been made in respect of candidates belonging to the reserved category and despite 5% relaxation given to him the petitioner had secured and over all total of 34. 5 per cent. Even after being given additional marks by way of relaxation, the petitioner could not come within the zone of consideration for recruitment to one of the two vacant posts reserved for O. B. C. candidates. 5 per cent. Even after being given additional marks by way of relaxation, the petitioner could not come within the zone of consideration for recruitment to one of the two vacant posts reserved for O. B. C. candidates. On the question of holding interviews for Scheduled Castes, Scheduled Tribes and O. B. C. candidates along with general candidates, it was submitted that the relevant Rules provided that in case of direct recruitment through interview or through examination along with interview, candidates belonging to the Scheduled Castes and Scheduled Tribes were to be called for interview on a separate day or a separate sitting of the Selection Committee. Mr. De submitted that from the wording of the said Rule it would be quite evident that Scheduled Castes and Scheduled Tribes candidates were not required to be called on a separate day vis-a-vis general candidates, but that they could be interviewed even on the same day as the general candidates but at a separate sitting of the Selection Committee. It was also submitted that the aforesaid provisions meant for Scheduled Castes and Scheduled Tribes candidates had also been extended to candidates belonging to the Other Backward Classes who were interviewed according to the said norms. ( 14 ) MR. De urged that notwithstanding the policy of reservation and relaxation for O. B. C. candidates, certain basic minimum standards were required to be maintained for the purposes of recruitment and selection in keeping with the guidelines given by the Central Government in its Circular dated 3rd February, 1994, wherein the manner in which O. B. C. candidates were to be assessed in relation to general candidates has been explained. In the said Circular it has been mentioned that the out-off point for the preparation of the general merit list is normally above the basic minimum standards. If the process, not all the candidates who attain the basic minimum standards prescribed are appointed to the services or posts in question. While O. B. C candidates who come in the general merit list will not be adjusted against the reserved quota, those O. B. C. candidates who could not come in the merit list, but obtained the basic minimum standards, could be appointed against the reserved vacancies. While O. B. C candidates who come in the general merit list will not be adjusted against the reserved quota, those O. B. C. candidates who could not come in the merit list, but obtained the basic minimum standards, could be appointed against the reserved vacancies. It has also been stipulated that there should be no relaxation to the basic minimum standard in respect of O. B. C. candidates, though the same was relaxable in the case of Scheduled Castes and Scheduled Tribes candidates. ( 15 ) MR. De submitted that the basic minimum standard in the instant case had been fixed at 50% in case of general candidates and at 40% in case of reserved category candidates, inclusive of 5% relaxation marks, whereas the petitioner had secured only 34. 5%, inclusive of 5% by way of relaxation, and did not, therefore, come within the zone of consideration in any case. ( 16 ) MR. De urged that it was not the spirit of Article 16 of the Constitution that an O. B. C. candidate, who did not obtain the minimum qualifying marks, should also be selected for appointment. In this connection, reference was made to the decision of the Hon'ble Supreme Court in Kerala Agricultural University v. K. H. Anil and Ors. (1998 (2) SCC Page 532) wherein while considering the provisions for recruitment under the Kerala State and Subordinate Service Rules the Hon'ble Supreme Court, inter alia, observed that where a merit assessment is required to be made the same could not be done away with in case of a reserved vacancy. ( 17 ) MR. De urged that in the instant case a merit list was prepared but only these candidates who attained the minimum basic standard in order of merit, were offered appointments. As far as the petitioner was concerned, he did not even come within the zone of consideration, as he had failed to attain the minimum basic standard. ( 18 ) MR. De submitted that having participated in the selection process, the petitioner was estopped from challenging the same. ( 19 ) MR. De submitted that when the rules relating to recruitment and reservation in respect of such recruitment had been strictly followed, no case had been made out which called for intervention of the writ court. ( 20 ) THE records produced by Mr. ( 19 ) MR. De submitted that when the rules relating to recruitment and reservation in respect of such recruitment had been strictly followed, no case had been made out which called for intervention of the writ court. ( 20 ) THE records produced by Mr. De supports his contention that the respondent Bank had followed the requirements of reservation of posts and had also laid down the basic minimum standard for being eligible for recruitment, which could not be relaxed for O. B. C. candidates. ( 21 ) THERE is, however, a flaw in Mr. De's submissions on this point, since appointments were also made from general candidates in respect of posts admittedly reserved for Scheduled Castes, Scheduled Tribes and O. B. C. candidates. The one successful Scheduled Caste candidate, Shri Mangesh Trikhe, obtained 62. 75% marks and was selected for appointment from the general category. Since no other Scheduled Caste, Scheduled Tribe or O. B. C. candidate obtained the basic minimum standards prescribed, the posts reserved for them ought to have been carried over for the purposes of future selection, as had been urged by Mr. De. Instead, the reserved vacancies were also filled. ( 22 ) HOWEVER, such a question has been rendered academic in view of the fact that the petitioner did not even obtain the basic minimum marks fixed for O. B. C. candidates. Apart from being given 5% relaxation marks, and the basic minimum standard for O. B. C. candidates being 40%, as against 60% for general candidates, subsequently reduced to 50%, the petitioner obtained only 34. 5% and failed to come within the zone of consideration. If the petitioner had attained the basic minimum standard set for O. B. C. candidates, he could have had a legitimate grievance as he would then have come within the zone of consideration so as to make him eligible for appointment to one of the posts reserved for O. B. C. candidates. The said point has been made very clear by the Hon'ble Supreme Court in the Kerala Agricultural University case (supra) cited by Mr. De. The said point has been made very clear by the Hon'ble Supreme Court in the Kerala Agricultural University case (supra) cited by Mr. De. ( 23 ) IN such circumstances, even though, in my view, the respondent Bank committed an indiscretion and/or irregularity in filing up the posts reserved for Scheduled Castes and Scheduled Tribes and O. B. C. candidates, no purpose will be served in upsetting the selection made, particularly when two of the vacancies have not been filled and, as submitted by Mr. De, have been carried over for the purpose of future selection. The writ application, therefore, fails and is dismissed, but without any order as to costs. All parties to act on a signed copy of the operative portion of this judgment on the usual undertakings. Application dismissed.