A. CHATTERJEE, J. ( 1 ) HEARD Mr. L. K. Gupta, learned counsel for the petitioner and Mrs. Gita Mukherje, learned counsel for the respondents. ( 2 ) WRIT petition was filed seeking relief of issuance of appointment letter to the petitioner in the fifth vacancy of Lower Division Clerks in 'ka' Group as per advertisement dated 26. 09. 1997 published in Newspaper. With regard to the advertisement at annexure 'c' to the writ petition, it is stated that in spite of Group 'c' Lower Division Clerks though total posts are nine (9) in number-in General Category five (5) posts shown leaving two posts for schedule caste, one post for schedule tribe and one post for other backward classes. It is stated by the learned counsel for the petitioner that in spite of such publication actually four (4) posts have been filled up by members of general categories from the select list and the petitioner holding the fifth position, was deprived thereby. It is further stated applying the reservation policy as has been laid down by various judgments in the apex Court, as out of total nine (9) posts, ignoring the fraction, five posts are to be kept for General Category candidates and therefore the fifth post has to come to the general category candidate, whereby the petitioner holding the fifth position in the select list becomes entitled to such appointment. ( 3 ) LEARNED counsel for the petitioner relied on the law in this respect as decided in the case of Chetna D. Motghare v. Bhide Girls' Education Society reported in 1995 supp (1) SCC 157 and Suresh Chandra v. J. P. Agarwal reported in AIR 1997 SC 2487 . Relying on the aforesaid law, on behalf of the petitioner it has been contended that even a single post can be reserved if it falls on roster point. More over, in the present case of facts when one more post has fallen vacant on resignation of the selected candidate who joined earlier such vacancy is to be filled up by appointing the petitioner by virtue of his position in the select list. More over, in the present case of facts when one more post has fallen vacant on resignation of the selected candidate who joined earlier such vacancy is to be filled up by appointing the petitioner by virtue of his position in the select list. ( 4 ) LEARNED counsel for the respondents contends that the advertisement in the newspaper was a mistake in showing five posts for the general category candidates and in support of such contention reliance was placed on the communication made to the Employment Exchange for the said vacancies at annexure 'a' to the Affidavit-in-Opposition, wherein, four (4) posts have been shown as meant for general category candidates leaving two posts for schedule caste, one for schedule tribe, one for other backward classes and one for Ex-serviceman. It is further contended that the law relied on behalf of the petitioner are on facts involving promotion and therefore, the said law is not applicable in the present case of direct recruitment. With regard to the vacancy occurring on resignation of one candidate who joined after selection, it is stated by the learned counsel for the respondents that she has no instruction with regard to such facts which were disclosed in the Affidavit-in-Reply for the first time. ( 5 ) AFTER considering the aforesaid, I find that the communication was made to the Employment Exchange authorities asking for candidates specifying four posts for general category candidates. It appears that applying the percentage available for the vacant nine posts, four posts were rightly kept for general category candidates. Advertisement printed in the newspaper is apparently a mistake and this cannot create a right for the petitioner. Moreover, with regard to the law relied on by the learned counsel for the petitioner, I find that the question was decided in the case of P. G. Institute of Medical Education and Research v. Faculty Association, reported in AIR 1998 SC 1767 , wherein, the cases cited by the learned counsel for the petitioner were also considered and law has been settled that in case of single post, no reservation is to be permitted as such reservation will amount to hundred per cent reservation which is violative of provision of Article16 (4) of the Constitution of India. ( 6 ) ALTHOUGH, no interference can be made in the present writ petition on the aforesaid ground but if any vacancy had occurred on resignation of a candidate selected in the said selection process, the respondents are required to consider the question of appointment of the petitioner from the select list itself provided before such occurrence of vacancy on resignation, the life of the select list does not expire. This matter has to be considered by the respondents in accordance with law and keeping in mind the observation made hereinabove within a period of one month from the date of production of certified copy of such order before such authority. The writ petition is disposed of with the above direction. Petition disposed of