JUDGMENT : TASHI RABSTAN, J. 1. The case on hand relates to observing of reservation quota provided under J&K Reservation Act, and the Rules made thereunder, in its letter and spirit in making fresh appointments in Revenue Department on the post of Patwari. 2. The facts leading to filing of present petition are that the petitioner applied for post of Patwari, District Cadre Udhampur, in response to Advertisement Notice No. 2 of 2000 dated 26.09.2000 under the category of Weak and under Privileged Class (Social Caste). The respondents thereafter issued the short-listing criteria vide Notification No. SSB/Div/J/2001/16207-16 dated 22.12.2001. 3. The petitioner's grievance is that the Reservation Act and Rules have been followed in breach by respondents as they did not include OBC Category in short-listing criteria, as a result whereof he has been denied the benefit of reservation and excluded from the benefit to which he is entitled in terms of Reservation Act and Rules. Petitioner seeks due weightage under OBC Category for interview against post of Patwari/Office Patwari/ Consolidation Patwari, District Cadre Udhampur. Hence the present writ petition. 4. The contention of learned counsel for petitioner is that though OBC Category has been given due weightage while issuing shortlisting criteria for District Cadre Kupwara, no weightage has been given to OBC Category in case of District Cadre Udhampur. He further contends that respondents have adopted wrong procedure for maintaining of roster point. The submission of learned counsel for petitioner is that instead of applying roster point on the total cadre strength of the posts in question, respondents have applied roster point only to the number of vacancies advertised. It is stated that under Rules and in terms of SRO 126 of 1994 the roster point is to be maintained on entire service and not on the cadre strength of a particular district or province. 5. Objections have been filed by respondents. It is insisted that in terms of Reservation Rules, notified vide SRO 126 dated 28.06.1994, the roster point for OBC Category comes to in 49th post. Further, it is contended that since only 39 posts were advertised, therefore, no question arose for considering petitioner's case under this category. Further, it is averred that in District Kupwara 119 posts of Patwaris were advertised, therefore, as per roster point two posts were reserved for OBC Category. 6. Heard learned counsel appearing for the parties and perused the pleadings. 7. Further, it is averred that in District Kupwara 119 posts of Patwaris were advertised, therefore, as per roster point two posts were reserved for OBC Category. 6. Heard learned counsel appearing for the parties and perused the pleadings. 7. Reservation is the process to facilitate the persons in education, scholarship and jobs, who have category certificates. Reservation is a form of quota-based affirmative action, which is governed by Constitutional Laws, Statutory Laws and Local rules and regulations. The primary objective of the Indian reservation system is to increase the opportunities for enhanced social and educational status of the underprivileged communities and thus uplift their standard of living to have their place in the mainstream of Indian society. The reservation system exists to provide opportunities for members of Scheduled Castes, Scheduled Tribes, Backward Classes, Other Backward Classes, et cetera, to make their representation in all organs of the State, like schools, colleges, government departments and organisations. The Constitution of India, in terms of Article 16(4), empowers States to make special provisions for advancement of any socially and educationally backward classes of citizens or for the Schedule Castes and the Scheduled Tribes. Article 46 of the Constitution of India envisions that the State shall promote with special care the educational and economic interests of the weaker sections of the people. 8. Various rules have been framed in the State of Jammu and Kashmir, aiming at providing reservation to weaker section of the society in government jobs. In the year 1965, special provision was made in favour of Schedule Castes, by promulgating Constitution of J&K Schedule Castes Order, 1956. The order provided that the caste specified in the schedule to the Order was, for the purpose of the Constitution, to be deemed to be the Schedule caste relating to the State of Jammu and Kashmir. In the year 1968, J&K State issued an Order bearing No. 1034-D of 1968 dated 20th July 1968, whereby it was directed that reservation would be made in the services. In the year 1970, the J&K State made J&K Scheduled Castes and Backward Classes (Reservation) Rules, 1970, which were notified vide Notification No. 37-GR of 1970 dated 28th January 1970. However, the said Rules were challenged before the Hon'ble Supreme Court. The Supreme Court indicated certain defects in the rules. In the year 1970, the J&K State made J&K Scheduled Castes and Backward Classes (Reservation) Rules, 1970, which were notified vide Notification No. 37-GR of 1970 dated 28th January 1970. However, the said Rules were challenged before the Hon'ble Supreme Court. The Supreme Court indicated certain defects in the rules. Following the directions of the Supreme Court, the J&K State Government kept in abeyance these Rules qua reservation for the schedule castes until defects pinpointed were cured. 9. It was in the year 1994 that comprehensive rules for reservation of various categories were made by the State. The rules are known as J&K Reservation Rules, 1994 (for brevity "Rules of 1994"), which is the subject matter of writ petition on hand. The said Rules were notified vide SRO 126 dated 20th June 1994. The Rules consolidated the reservations rules and provided reservation to the socially and educationally backward classes in Government services. The Rules of 1994 annulled the earlier notifications and executive orders providing for reservation of the categories. 10. Part II of the Rules of 1994 envisages reservation for appointment by direct recruitment. Rule 10 provides that 8% shall be kept reserved for Scheduled Castes in direct recruitment; 10% for Scheduled Tribes; 2% for weak and underprivileged classes; 3% for Residents of areas of adjoining Line of Actual Control; 20% for Residents of backward areas. Qua physically challenged persons, 1% kept for physically challenged persons having blindness or low vision; 1% with respect to persons having hearing impairment; and 1% for persons having locomotor disability or cerebral palsy. 11. Rule 14, substituted vide SRO 42 dated 22.1.2001 in Rules of 1994, provides that the appointing authority shall maintain a separate register to be known as "Roster" so as to ensure proper monitoring of filling up of the reserved quotas and selecting of any shortfalls therein. The responsibility for custody, maintenance and updating of the Roster with respect to posts forming part of the State cadre, shall be shouldered by Administrative Department in the Government, which may, however, authorise Head of Department concerned to maintain roster. In so far as Divisional Cadre posts are concerned, concerned Head of the Department shall maintain Roster separately for each Division. As regards District Cadre posts, the Head of the Department shall maintain roster at the District level. In so far as Divisional Cadre posts are concerned, concerned Head of the Department shall maintain Roster separately for each Division. As regards District Cadre posts, the Head of the Department shall maintain roster at the District level. Rule 14 (2) provides that the Roster will consist of 100 points with each point representing an individual post as per details laid down in Form "R-l". Rule 14(4) envisages that while the Roster shall be maintained by the appropriate appointing authority, it shall be responsibility of every selection agency to send a return in Form R-2 to the Social Welfare Department on the day it notified the recommendation for appointments. 12. The Roster in Form R-l, as envisaged under Rule 14 (2), is to be maintained in a bound machine numbered Register carrying not less than 300 pages which will be divided in two parts. On the first page of the Register of the Roster, the Head of the Department, Cadre Controlling Authority is to record a certificate as prescribed in the Rules of 1994. 13. The respondents' plea in opposition to writ petition that the roster point for OBC Category comes to 49th post and that only 39 posts were advertised, therefore, no question arose for considering petitioner's case under OBC category, is specious inasmuch as the Rules of 1994 do not apply only to the "vacancies" that are available in the department but to the "posts" which form the cadre strength. The respondents have not come up with clear and explicit stand as to whether they have implemented the Rules of 1994 in its letter and spirit. The Hon'ble Supreme Court in R.K. Sabharwal vs. State of Punjab, (1995) 2 SCC 345 has observed that the cadre strength is always measured by the number of posts comprising the cadre and that consideration for appointment can only be claimed in respect of a post in a cadre, and resultantly percentage of reservation has to be worked out vis-a-vis the posts which form the cadre strength. The Supreme Court observed: "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 Supreme Court observed: "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." 14. What emerges from the above observations of the Hon'ble Supreme Court in Sabharwal's case (supra), is that the expression "post" means an appointment, job, office or employment, a position to which a person is appointed and "vacancy" means an unoccupied post or office. In other words, the vacancy will be available only when a post is sanctioned. Thus the strength of the cadre is measured by number of "posts" comprising the cadre and concept of "vacancy" has no relevance in operating the percentage of reservation. Looking to the principle laid down by the Hon'ble Supreme Court, the petitioner is entitled to be considered for one of the posts of Patwari. 15. In terms of Rule 14 of the Rules of 1994, the respondents are required to maintain the Roster. The reply filed by the respondents would divulge that they have not maintained the Roster with respect to the posts in question. In the said background, the respondents have observed what was required to be adhered to and complied with in its letter and spirit, in terms of the Rules of 2014, in breach. 16. This Court, having regard to the case set up by petitioner, vide order dated 16th January 2002, directed respondents not to finalise the selection list. In the said background, the respondents have observed what was required to be adhered to and complied with in its letter and spirit, in terms of the Rules of 2014, in breach. 16. This Court, having regard to the case set up by petitioner, vide order dated 16th January 2002, directed respondents not to finalise the selection list. The order dated 16th January 2002 was, vide order dated 5th December 2003, modified, whereby it was provided that respondents would be at liberty to proceed with the selection and finalise list of selected candidates, but with a direction that one post shall be kept reserved and shall not be filled till final adjudication of the writ petition. The order dated 5th December 2003 also provides that right of the petitioner to claim placement in the seniority list on final adjudication of the writ petition shall also be kept intact. 17. Taking into consideration all the aforesaid facts and discussions and especially the J&K Reservation Rules, 1994, the writ petition succeeds. 18. In view of foregoing reasons and the fact that similarly situated candidates have already been appointed against the post of Patwari in the year 2002-03 itself as also that the fate of petitioner is hanging in balance for the last more than thirteen years, I deem it proper to allow the writ petition with a direction to respondents to appoint the petitioner against the post of Patwari in District Udhampur in pursuance of Advertisement Notice No. 2 of 2000 dated 26.09.2000 with all consequential benefits on notional basis. Ordered accordingly. Respondents are further directed to fix the seniority of petitioner at appropriate place. 19. Disposed of along with connected MPs, if any.