VIKRAM NATH J. ( 1 ) BOTH the above writ petitions have challenged the same selection and are therefore being heard and decided together. ( 2 ) WRIT Petition No. 473 of 2001 has been filed for quashing the selection dated 22. 12. 2000 by the District Development Officer, Auraiya in so far as it relates to the selection of respondents no. 5 to 8 in the Other Backward Class quota and further for a direction that the petitioner may be appointed as Village Development Officer pursuant to the selection dated 22. 12. 2000. ( 3 ) WRIT Petition No. 2740 of 2001 has been filed for quashing the same selection for the post of village Development Officer in so far as it relates to increasing the number of posts reserved for schedule caste category from 3 to 4 and cancelling the one post reservation for schedule tribes category. ( 4 ) AN advertisement was issued by the District Development Officer Etawah on 10. 08. 1998 for filling up the posts of Village Development Officer in District Etawah and Auraiya. The present petitions are confined only to the selection relating to the District Auraiya. In respect of district auraiya the advertisement mentioned total vacancy of 18 posts out of which three were reserved for Schedule Caste candidates and one post reserved for Schedule Tribe candidate. There was no reservation for Other Backward Class. This clearly indicated that there were 14 posts to be filled up from amongst the general category candidates. ( 5 ) PURSUANT to the advertisement the petitioner in Writ Petition No. 473 of 2001 applied as a general category candidate and the petitioner in Writ Petition No. 2740 of 2001 applied in the schedule Tribe category. They received letters dated 10. 05. 1999 to appear before the selection committee for interview on 25. 2. 1999. The petitioners appeared before the selection committee and were found suitable. The result was published on 1. 3. 1999 in which the petitioner Shridhar dwivedi was found selected at Sl. No. 7 in general category and petitioner Dheer Singh Gihar was selected in Schedule Tribe category. The results of all the 18 posts were declared. There were 14 candidates in general category, three in Schedule Caste category and one in Schedule tribe Category. ( 6 ) THIS selection dated 13. 3. 1999 was cancelled by the State Government vide order dated 10. The results of all the 18 posts were declared. There were 14 candidates in general category, three in Schedule Caste category and one in Schedule tribe Category. ( 6 ) THIS selection dated 13. 3. 1999 was cancelled by the State Government vide order dated 10. 05. 1999 on account of alleged irregularities in the interview and direction was issued to hold fresh interview of the candidates who had qualified in written examination held on 13. 12. 1998 through a newly constituted Selection Committee. This cancellation was challenged before this court in Writ Petition No. 24307 of 1999 and Writ Petition No. 23161 of 1999. This Court vide judgment dated 25. 05. 2000 dismissed both the writ petitions and directed that the selection process be completed within a period of four months from the date of receipt of the judgment as directed by the State Government from the stage of interview. ( 7 ) FRESH interview letter was issued on 4. 09. 2000 and the interviews were held on 22. 09. 2000. Pursuant to the interview held on 22. 09. 2000 results were declared in which petitioner Shree dhar Dwivedi was placed at Sl. No. 2 in the waiting list of general category candidates. A perusal of the result indicates that in the general category 9 candidates have been selected (instead of 14); there is a waiting list of two candidates of general category; five candidates have been selected in the Other Backward Class and there is a waiting list of one candidate. Four candidates were selected in Schedule Castes category, and one candidate in waiting list and a note has been made in the end that there could not be any reservation for Schedule Tribe category. ( 8 ) THE petitioner in Writ Petition No. 473 of 2001 has challenged the selection of five Other backward Classes candidates mae in the result dated 22. 12. ( 8 ) THE petitioner in Writ Petition No. 473 of 2001 has challenged the selection of five Other backward Classes candidates mae in the result dated 22. 12. 2000 mainly on two grounds; firstly that as per the advertisement there was no reservation made for the Other Backward Class and therefore, the selection of respondents 5 to 8 in the Other Backward Class even though they had lesser marks than the petitioner was illegal and secondly that out of total sanctioned cadre of 75 posts of Village Development Officer, in district Auraiya, representation of persons of the Other backward Class already working was in excess of the maximum reservation quota and therefore, selection of additional five under reserve category further increased their representation and it thus violated the fundamental principles of reservation and was also violative of Article 14 and 16 of the Constitution. ( 9 ) COUNTER affidavit has been filed by respondents 5 to 8 and also the State respondent. The defence taken by the respondents is that in the advertisement it was mentioned that the number of posts could be decreased or increased, therefore, the reservation for Other Backward Class for five posts could be made and has been rightly made. It is stated by the respondent in the counter affidavit that out of total 18 posts advertised applying 27% reservations, 5 posts would fall in the other Backward Class quota and therefore, rightly these posts have been reserved for Other backward Class. ( 10 ) THE petitioner in Writ Petition No. 2740 of 2001 has challenged the impugned action of the respondents in abolishing the reservation for the Schedule Tribe category on the ground that once reservation is made and an advertisement is issued the same cannot be abolished; secondly the reservation for Schedule Tribe candidates had been made keeping in mind the total strength of the cadre of Village Development Officer further the petitioner was called for interview even in the second round along with three other candidates and therefore while declaring the result the reservation could not have been done away with. ( 11 ) HEARD learned counsel for the petitioner in both the writ petitions and learned Standing counsel for State respondents and also the counsel appearing for respondents 5 to 8 in Writ petition No. 473 of 2001. ( 11 ) HEARD learned counsel for the petitioner in both the writ petitions and learned Standing counsel for State respondents and also the counsel appearing for respondents 5 to 8 in Writ petition No. 473 of 2001. ( 12 ) THERE is no issue with regard to the number of posts or merit of the candidate or that any procedural irregularity having been committed in making the selection. The only question is as to whether pursuant to the advertisement dated 10. 08. 1998, which did not provide for any reservation for any Other Backward Class, respondents could make reservation for Other backward Class and secondly cancel the reservation of one post of Schedule Tribe and add it in the posts already reserved for Schedule Castes thereby increasing the number of posts from 3 to 4, while declaring the result after taking fresh interview pursuant to the order of State government. It is admitted that even the order of State Government dated 10. 05. 1999 cancelling the previous selection in which there was no reservation for Other Backward Class candidates, did not direct that five seats be reserved for Other Backward Class or increase the number of posts reserved for Schedule Caste. In case the State Government wanted to alter the vacancies in accordance with the reservation policy in that event it would have cancelled the previous advertisement and would have directed to issue fresh advertisement or would have directed in the order dated 10. 5. 1999 itself that as the reservations had not been correctly made, therefore, the same may be applied in accordance with the vacancies advertised and not the strength of the cadre which clearly indicates that the reservation had been correctly indicated in the advertisement. But the State Government did not pass any order in this respect. ( 13 ) IN continuation of the same contention it may be noted that with regard to Schedule Tribe reservations also there was no such indication of doing away with the reservation. It is only at the foot of the impugned results that a note has been made that reservation cannot be applied. ( 13 ) IN continuation of the same contention it may be noted that with regard to Schedule Tribe reservations also there was no such indication of doing away with the reservation. It is only at the foot of the impugned results that a note has been made that reservation cannot be applied. ( 14 ) THE learned counsel for the private as well as the State respondents have sought to argue that reservation in accordance with U. P. Act No. 4 of 19994 i. e. U. P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (in short referred to as the 1994 Act) was being applied for the first time in the selection of the Village development Officer as after coming of the said Act of 1994 no selection for the post of Village development Officer had taken place and the present selection was the first selection and therefore by mistake the reservation for Other Backward Class could not be made and it is for this read on that in the final results the quota was rightly applied to the vacancies advertised. ( 15 ) THE concept of reservation at the first instance has to take into consideration the candidates of the reserved category already working. If there is already sufficient representation when reservation is being introduced the manner and method of calculating the reserved seats should take into consideration the entire strength of the cadre and not apply directly on the vacancies available. This should be necessarily followed for two reasons. Firstly that there is already sufficient representation therefore to avoid any excessive representation of any particular class would be violative of Article 14 and 16 of the Constitution. Secondly to make sure that while filling up the vacant posts more meritorious candidates are not left behind and candidates with lesser marks and merit are given appointment, as this would again be violative of Articles 14 and 16 of the Constitution. It is only when once the cadre is represented as per the reservation and the roster/quota rota is settled the vacancies arising subsequently may be filled up accordingly. Merit cannot be ignored to give advantage of excessive reservation. It is only when once the cadre is represented as per the reservation and the roster/quota rota is settled the vacancies arising subsequently may be filled up accordingly. Merit cannot be ignored to give advantage of excessive reservation. ( 16 ) THIS view finds support from the decision of the Apex Court in the case of Indra Sawhney v. Union of India reported in 2001 (1) SCC 168 (para 50 and 65) and State of Bihar v. Bal mukund Sah reported in 2000 (4) SCC 640 (para 23 ). ( 17 ) IN both the above judgments the Apex Court has held that the same principle underlying article 335 of the Constitution will apply to Other Backward Class. Efficiency of administration is paramount and cannot be ignored. It flows from Article 14 and 16 of the Constitution. ( 18 ) FURTHER the Apex Court in the case of R. K. Sabharwal v. State of Punjab reported in 1995 (2) SCC 747 in clear terms provides the principles for application of reservation vis a vis cadre and vacancies. Para 6 of the said judgment reads as under: "6. The expressions posts and vacancies, often used in the executive instructions providing for reservations, are rather problematical. The word post means an appointment, job, office or employment. A position to which a person is appointed. vacancy means an unoccupied post or office. The plain meaning of the two expressions make it clear that there must be a post in existence to enable the vacancy to occur. The cadre-strength is always measured by the number of posts comprising the cadre. Right to be considered for appointment can only be claimed in respect of a post in a cadre. As a consequence the percentage of reservation has to be worked out in relation to the number of posts, which form the cadre-strength. The concept of vacancy has no relevance in operating the percentage of reservation. " 18. Further the Apex Court explained in detail in para 10 of the said judgment the law relating to filling up vacancies. It reads as under:"10. We may examine the likely result if the roster is permitted to operate in respect of the vacancies arising after the total posts in a cadre are filled. In a 100 point roster, 14 posts at various roster points are filled from amongst the Scheduled Caste/scheduled Tribe candidates. It reads as under:"10. We may examine the likely result if the roster is permitted to operate in respect of the vacancies arising after the total posts in a cadre are filled. In a 100 point roster, 14 posts at various roster points are filled from amongst the Scheduled Caste/scheduled Tribe candidates. 2 posts are filled from amongst the Backward Classes and the remaining 84 posts are filled from amongst the general category, suppose all the posts in a cadre consisting of 100 posts are filled in accordance with the roster by 31. 12. 1994. Thereafter in the year 1995, 25 general category persons (out of the 84) retire, again in the year 1996, 25 more persons belonging to the general category retire. The position which would emerge would be that the Scheduled Castes and backward Classes would claim 16% share out of the 50 vacancies, if 8 vacancies are given to them then in the cadre of 100 posts the reserve categories would be holding 24 posts thereby increasing the reservation from 16% to 24%. On the contrary if the roster is permitted to operate till the total posts in a cadre are filled and thereafter the vacancies falling in the cadre are to be filled by the same category of persons whose retirement etc, caused the vacancies then the balance between the reserve category and the general category shall always be maintained. We make it clear that in the event of non-availability of a reserve candidate at the roster point it would be open to the State Government to carry forward the point in a just and fair manner. " ( 19 ) THUS it is clear that the advertisement had been correctly issued showing the reservation on the whole strength/cadre. If any contrary view is taken without filling up the roster there will never be any reservation for Schedule Tribe. ( 20 ) IT is also not the case of the respondents that there was a calculation mistake in fixing the number of reservation category posts and therefore, because of this calculation mistake there was change in the number of reserved category post. In the present case, 27% reservation has been introduced int eh results being calculated on the total number of vacancies advertised. There are already more than 27% Other Backward Class candidates working against the total strength of village Development Officer in District Auraiya. In the present case, 27% reservation has been introduced int eh results being calculated on the total number of vacancies advertised. There are already more than 27% Other Backward Class candidates working against the total strength of village Development Officer in District Auraiya. There was no justification to bring in 27% further from the advertised vacancies. The State Government in its counter affidavit has not disputed regarding there being sufficient representation. However, the States has tried to make out the case that since the other 22 Village Development Officer appointed earlier and working were not selected as reserved category candidate but as general category candidate therefore, out of 18 advertised post the reservation of 27% for Other Backward Class has been rightly applied. The Standing Counsel has referred to certain correspondence after the second round interview had been held, whereby State made queries regarding reservation for Other Backward Class. The said correspondence is of no help in view of the law laid down by the Apex Court in R. K. Sabharwal (supra ). This argument cannot be accepted. It is directly in conflict with the concept of reservation as enshrined in the Constitution as well as the ratio laid down by the Apex Court. It appears that the respondents while issuing the advertisement considered the representation of each category in the existing strength and accordingly provided for the required reservation in schedule Caste and Schedule Tribes. There is no dispute that vacant post of Village development Officer in district Auraiya were being filled up for the first time after the applicability of the 1994 Act. Reservation policy is meant for providing sufficient representation to the Other Backward Class or the other reserved categories but where there is already sufficient representation, the applicability of reservation to increase the representation cannot be applied by appointing less meritorious candidates. The consistent stand is that merit is prime and cannot be ignored except in accordance with law. ( 21 ) THE other contention raised by learned counsel for the private respondents is that as the advertisement itself contained a stipulation that the number of vacancies could be increased or decreased therefore the respondents were fully justified in making reservations for the Other backward Class by adjusting four posts of general category and one post of Scheduled Tribes. ( 21 ) THE other contention raised by learned counsel for the private respondents is that as the advertisement itself contained a stipulation that the number of vacancies could be increased or decreased therefore the respondents were fully justified in making reservations for the Other backward Class by adjusting four posts of general category and one post of Scheduled Tribes. In reply the contention of learned Counsel for petitioner is that this change in the result did not either increase or decrease the vacancies but was in fact application of the reservation for Other backward Class which did not figure in the advertisement nor did the government issue any direction in that regard. it is further urged that this was malafide exercise of power to favour a particular class and increase their representation in the cadre beyond the sanctioned and permissible limit. ( 22 ) LEARNED counsel for the respondent relied upon the following decisions in support of the above contention: (1) 1994 (3) AWC 1292 (Rakesh Kumar Tripathi v. High Court of Judicature) (2) 2002 (8) SCC 98 (Indian Railway class II Officers Federation v. Anil Kumar Singh) (3) 2002 (10) SCC 269 (Suvidya Yadav v. State of Haryana) ( 23 ) NONE of these decisions apply to the facts of the present case. In all these cases the total number of vacancies was varied. In none of the cases there was change in the applicability of the reservation policy. Even otherwise in view of the discussion made in the earlier question this contention looses its significance. ( 24 ) IN my considered opinion once an advertisement has been issued then the selection have to be made strictly in accordance with the terms of the advertisement until and unless the same is contrary to the Rules. It has been sought to be argued that if advertisement has been issued contrary to the Act or Rules then it cannot be sustained and the Act or Rules will prevail. In my view the advertisement was in accordance with the Act and Rules and which have to be read and interpreted in the light of the constitutional provisions as held in the case of R. K. Sabharwal (supra) Indra Sawhney (supra) and Bal Mukund Sah (supra ). The advertisement had been correctly issued taking into consideration the strength of the cadre of the Village Development officers in district Auraiya. The advertisement had been correctly issued taking into consideration the strength of the cadre of the Village Development officers in district Auraiya. In the present case, the number of total posts remained the same; the reservation for Other Backward Class could not have been introduced nor the post reserved for schedule Tribe could be cancelled otherwise it would be doing violence to the fundamental principles of reservation as on the one hand there would be excessive representation of Other backward Class and on the other hand there would never be any representation of the Schedule tribes. ( 25 ) IN view of the facts and circumstances, I do not find any justification for applying 27% reservation against the same advertisement in second round selection when in the first round there was no such reservation and neither any candidate challenged the same nor the State government directed for introducing reservation. That apart undisputedly there was sufficient representation of the Other Backward Class in the cadre of Village Development Officer already working in District Auraiya. ( 26 ) IN the result, the Writ Petition No. 473 of 2001 succeeds and is allowed. The selection of respondents 5 to 8 pursuant to the result dated 22. 12. 2000 in the Other Backward Class reserved quota is set aside and the respondents are directed to fill up the vacancy by general category candidate as per the advertisement dated 10. 08. 1998 strictly in accordance with the merit of the general category. However, if any of the respondents 5 to 8 fall in the merit and qualify for appointment hey may be continued and their seniority shall stand in accordance with the merit list. Since admittedly, the petitioner was at Sl. No. 2 in the waiting list of the general category candidate he is declared selected and may be given appointment against the said selection. Since admittedly, the petitioner was at Sl. No. 2 in the waiting list of the general category candidate he is declared selected and may be given appointment against the said selection. ( 27 ) THE connected Writ Petition No. 2740 of 2001 filled by Dheer Singh who was a Schedule tribe candidate and had been selected in the first selection in 1999 but in the second selection, the reserved post itself has been converted into schedule caste post also deserves to be allowed and respondents are directed to declare the result for one schedule tribe post pursuant to the interview held in September 2000 and if the petitioner is found successful he shall also be entitled to be appointed against the same selection. ( 28 ) THERE shall be no order as to costs. . .