Yaqoob, J.:-- Instant Letters Patent Appeal is directed against the judgment dated 29.5.2008 passed by learned Single Judge while disposing of SWP No. 1024/ 2002. 2. Vide advertisement notice No. 01 of 1999 dated 09.03.1999, issued by respondent No. 3 applications have been invited from the permanent residents of J&K State for various posts as reflected in the annexure attached to the said advertisement notice which include 313 posts of teachers District cadre Baramulla. In tune with Note (A) of the advertisement notice, the breakup of reservation vis-a-vis said 313 posts, as has been taken into consideration during the process of selection is as under: - OM =193 RBA =63 ST =31 OBC =06 HC =10 ALC =10 3. Vide communication No. SSB/PA/Secy/2103-05/02 dated 18.7.2002, addressed by Secretary, J&K Services Selection Board to the Principal Secretary to Govt. Education Department, the select list of the candidates for the posts of teachers District Cadre Baramulla with the following breakup has been submitted: OM =193 RBA =63 ST =31 OBC =06 HC =10 Total =303 In terms of said communication, 10 (ten) posts of ALC category have remained unfilled due to non­availability of the eligible candidates. In the said communication it is also indicated that in pursuance of SRO 332, waiting list of 58 candidates with following breakup has been prepared: OM =38 RBA =12 ST =06 OBC =01 HC =01 The waiting list was prepared with a condition that same will remain valid for a period of one year. 4. In terms of communication dated 04.03.2004, addressed by Chief Education Officer, Baramulla to Director School Education, Kashmir, it is made clear that 313 posts of teachers District cadre Baramulla were referred for selection, 303 candidates were selected out of whom only 288 joined, in place of 15 candidates who did not join, the first candidates out of waiting list were allowed to join. 5. In the writ petition, appellant (hereinafter referred to as the writ petitioner) had projected that the candidates with inferior merit have been selected to her exclusion. In this connection writ petitioner has impleaded Athar Ahmad Wani as respondent No. 4, who is a selected candidate, to claim that the said candidate was inferior in merit but has been selected. 6. In the writ petition, appellant (hereinafter referred to as the writ petitioner) had projected that the candidates with inferior merit have been selected to her exclusion. In this connection writ petitioner has impleaded Athar Ahmad Wani as respondent No. 4, who is a selected candidate, to claim that the said candidate was inferior in merit but has been selected. 6. The respondents before the Writ Court did not file the objections but later on it is the writ petitioner who filed an application seeking permission to place on record supplementary affidavit which was allowed to be taken on record vide order dated 18.8.2004 with the consent of counsel for the respondents with a condition that the respondents shall also file objections, which they failed to file. 7. The learned Single Judge in the judgment impugned has observed that the writ petitioner has not been able to give names of the candidates who have been selected inferior qualification instead counsel for the writ petitioner conceded that the selected candidates have basic qualification required for the post, furthermore petitioner has participated in the selection process, now she cannot turn round and challenge it on flimsy grounds. 8. During the course of arguments learned counsel for the respondents controverted the contention of the writ petitioner by stating that the respondent No. 4 is superior in merit as compared to the writ petitioner. Satisfied with the same position, learned counsel for the writ petitioner contended that the writ petitioner was otherwise also entitled to be appointed because she figures at serial No. 18 in the waiting list. When out of wait list 15 candidates have already been appointed, 10 posts under the category ALC were required to be proportionately offered to the candidates of Open Merit and other categories figuring in the wait list. 9. In the supplementary affidavit, as was filed before the Writ Court, it was specially pleaded that none of the area within the jurisdiction of District Baramulla falls within the category of ALC, as such, no post should have been earmarked for said category. Learned Writ Court has referred to the supplementary affidavit judgment impugned but has not addressed the issue. Elaborating the submission, learned counsel would contend that when category ALC is not available, those 10 posts should have been filled up proportionately from amongst the candidates of available categories which include Open Merit category. Learned Writ Court has referred to the supplementary affidavit judgment impugned but has not addressed the issue. Elaborating the submission, learned counsel would contend that when category ALC is not available, those 10 posts should have been filled up proportionately from amongst the candidates of available categories which include Open Merit category. In support of this contention, learned counsel has placed on record information which has been provided to him under Right to Information Act by J&K Service Selection Board Divisional Office, Parraypora Srinagar, which, amongst others, would indicate that 90 posts of teachers District Cadre Srinagar were advertised vide notification No. 01 of 1999 with the following breakup: OM =51 RBA =18 ST =09 SC =07 ALC =03 SOC =02 Selection against all 90 posts of teachers District Cadre Srinagar was recommended with the following breakup: OM =59 RBA =18 ST =09 HC =03 OBC =01 The communication addressed to the Writ Petitioner by the Administrative Officer, J&K Service Selection Board would indicate that Srinagar District does not have reserved categories of ALC and SC, so out of 10(ten) posts reserved for SC and ALC categories, two vacancies have been offered to HC and eight have been offered to OM category. 10. Learned counsel for the writ petitioner would state that same principle has to be applied in regard to District Baramulla as no area within the jurisdiction of District Baramulla is declared as 'ALC', thus 10 posts reserved for 'ALC' category should have been offered to OM and other categories proportionately. 11. Mr. Naik, AAG, appearing for the respondents No. 1 to 3, would contend that there is some area within the jurisdiction of District Baramulla which has been declared as 'ALC' but schedule attached to the Reservation Rules does not show any area of District Baramulla as 'ALC'. Confronted with the same, Mr. Naik submits that he may be given time to produce notification wherein same area of District Baramulla has been declared as ALC, which time was granted but he could not produce the same. 12. Next it was contended by Mr. Naik that for 'ALC' category posts candidates from other districts can apply, so such posts were to be re-advertised so as to give chance to the candidates of ALC category from other districts. 12. Next it was contended by Mr. Naik that for 'ALC' category posts candidates from other districts can apply, so such posts were to be re-advertised so as to give chance to the candidates of ALC category from other districts. In support thereof, has produced advertisement notice No. 02 of 2003 dated 10.12.2003, issued by respondent Board, wherein, amongst others, at serial No. 10, ALC category posts have been re-advertised but it is not shown anywhere that any candidate has applied. Question is as to whether posts can be advertised again and again when there is no such category available or no area of District Baramulla is declared as 'ALC', answer has to be 'no'. When a particular category in a particular area is not available, then to re-advertise the posts is useless. The contention of the learned counsel Mr. Naik that the candidates from other districts can apply is totally misplaced because Note (B)(XIV) of advertisement notice No. 01 of 1999 dated 09.03.1999, in pursuance of which applications have been invited, provides the answer, which reads as under:- "XVI. No application shall be entertained for district cadre posts from a candidate belonging to other district or a candidate who possess ambiguous permanent resident certificate". So there is no scope for candidates belonging to ALC category residing in other districts to apply in district Baramulla. These 10 posts of ALC should have been proportionately offered to Open Merit and other categories. In that context the writ petitioner, who has no crossed the age limit, is not now eligible for applying for any government job, would be entitled to appointment subject to satisfaction of other conditions because she figures at serial No. 18 in the wait list. Out of 10 posts, more than 04 posts will go to the Open Merit category. This aspect of the matter, though referred, but has not been considered by the learned Single Judge while passing the impugned judgment. 13. The contention of learned counsel for the respondents No. 1 to 3, Mr. Out of 10 posts, more than 04 posts will go to the Open Merit category. This aspect of the matter, though referred, but has not been considered by the learned Single Judge while passing the impugned judgment. 13. The contention of learned counsel for the respondents No. 1 to 3, Mr. Naik, that the wait list was valid only for a period of one year which has expired, is not acceptable because the writ petitioner has filed the writ petition on 30th July, 2002 when the age of the wait list had not expired, therefore, in view of pendency of the litigation, the wait list has to remain alive to the extent of writ petitioner, so she has a right of consideration for being adjusted against one out of said 10 posts and the position of the wait list to remain alive to her extent cannot be denied. In this view we are fortified by the judgment rendered by the Hon’ble Apex Court in the case captioned State of UP vs. Ram Sawrup Saroj, reported in AIR 2000 SC 1097 . 14. Viewed thus, order impugned passed by the learned Single Judge is not sustainable, as such, set aside. The official respondents are directed to consider writ petitioner favourably as against one post out of 10 posts, as were notified for ALC category, subject to satisfaction of other requisite conditions. The exercise be undertaken and completed within six weeks from today. 15. Appeal accordingly succeeds. ________