JUDGMENT : The appellant has preferred this intra court appeal for calling in question a learned Single Judge's order dated 06.06.2023 whereby his W.P.No.17537/2022 (S-RES) came to be disposed off without granting substantive relief as sought for therein. Of course, the learned Judge has permitted the appellant to make an appropriate representation and that if one is made, the 3rd Respondent-Principal Secretary, Department of Medical Education, GOK should consider the same within an outer limit of eight weeks. 2. Learned counsel appearing for the appellant seeks to falter the impugned order on the ground that: The statistical data as to the vacancy position was available on record; backlog recruitment is a part of Reservation Policy of the State; if backlog vacancies are kept unfilled, that would defeat the State Policy of uplifting the downtrodden and that would militate against the provisions of Articles 14 & 16 of the Constitution of India in the light of a catena of decisions of the Apex Court. So arguing he seeks the setting aside of impugned order and allowing of the writ petition. 3. Learned Additional Government Advocate appears for Respondent Nos. 1, 2 & 3; learned Panel Counsel Sri K.Sreedhar is requested to appear for the 4th Respondent-Dental College & Research Institute. Appeal is resisted on the reasoning of the learned Single Judge who has permitted the appellant to give an appropriate representation and timeline is prescribed for such consideration. 4. Having heard the learned counsel for the parties and having perused the appeal papers, we are inclined to grant indulgence in the matter as under and for the following reasons: (a) The prayer in the writ petition was essentially for a direction to the respondents to undertake the exercise of filling of the backlog vacancies that are earmarked for the members of Scheduled Castes, Scheduled Tribes & Backward Communities, in the Respondent-Institution, within a time frame. The learned Single Judge proceeded on an erroneous factual premise that the statistical data as to the backlog vacancy position was not available when it was very much on record. That was not the defense of the respondents to oppose the writ petition. Thus the impugned order suffers from the vice of misdirection in law and therefore is liable to be voided, as rightly argued by counsel for the appellant. That was not the defense of the respondents to oppose the writ petition. Thus the impugned order suffers from the vice of misdirection in law and therefore is liable to be voided, as rightly argued by counsel for the appellant. (b) It is pertinent to reproduce what the official respondents who happen to be answering parties had stated in paragraphs 4 to 8 in their Statement of Objections filed on 30.11.2022. They read as under: 4. It is submitted that, on the receipt of the notice dated 18-03.2022 from Mrs. N.B.Lakshmi, Advocate issued a notice to 2nd Respondent for intimating the Dean and Director, Government Dental College and Research Institute, Bangalore have not been filled backlog posts in Government Dental College and Research Institute, Bangalore since 2007 and she requested to direct the college to fill the same within a time frame, based on the said notice being in accordance with the direction from the 2nd Respondent letter dated 09-05-2022. 5. It is further submitted that the cabinet sub-committee had issued a direction to all the departments to fill the backlog posts within three months from 29-01-2022 as per proceedings of the Meeting of the Cabinet Sub-Committee constituted to supervise the filling up of backlog posts belonging to Schedule Caste and Schedule Tribe added by the Hon'ble Chairmanship of the Minister for Heavy and Medium Irrigation Department. 6. It is further submitted that, the Writ Petition No.100505/2022 order dated 06-07-2022, Hon'ble High Court of Karnataka had issued a direction to the Department of Social Welfare to ensure that the backlog vacancies pertaining to Schedule Castes, Scheduled Tribes and Backward Communities shall be filled expeditiously as possible in view of the clearance given by the Finance Department. 7. It is further submitted that the Government Letter No.SWD 379 SLP 2022 dated 06.07.2022 issued by the Under Secretary-1 to Government, Department of Social Welfare had issued a direction to all departments to fill up backlog vacancies as per proceedings dated 21-06-2022 including in the Government Dental College and Research Institute, Bangalore is not dealt with. 8. 7. It is further submitted that the Government Letter No.SWD 379 SLP 2022 dated 06.07.2022 issued by the Under Secretary-1 to Government, Department of Social Welfare had issued a direction to all departments to fill up backlog vacancies as per proceedings dated 21-06-2022 including in the Government Dental College and Research Institute, Bangalore is not dealt with. 8. It is further submitted that, the Dean and Director, Government Dental College and Research Institute, Bangalore as on date not taken steps for filling up backlog posts by filling through direct recruitment or by promotion as per the directions given by the 2nd Respondent vide letter dated 09-05-2022." (c) Learned counsel for the appellant is more than justified in submitting that the backlog vacancies being earmarked for the downtrodden communities, cannot be left unfilled in eternity. The continuation of vacancies would virtually amount to denial to these communities a preferential treatment as constitutionally ordained. That would eventually deprive community representation in the public employment and therefore cannot be countenanced. As already mentioned above, there is a letter of the 2nd respondent dated 09.05.2022 addressed to the respondent-college; there is a direction issued by a learned Single Judge of this court in W.P.No.100505/2022 between APPANNA TALAWAR vs STATE OF KARNATAKA disposed off on 06.07.2022 for filling up the backlog vacancies; the Cabinet Sub-Committee in its meeting held on 21.01.2022 had also instructed the same. This apart, the Government vide letter dated 06.07.2022 directed all its Departments to fill up backlog vacancies in terms of the above Recommendation of the Cabinet Sub-Committee. d) It is pertinent to reproduce what the Apex Court in STATE OF UTTAR PRADESH vs. SANGAMNATH PANDE (2011) 2 SCC 105 has observed as under: "…The exercise of identifying the year-wise and cadre-wise vacancies ought to have been conducted by the State prior to the issuance of the advertisement as rightly noticed by the learned single Judge. The purpose of introducing a roster system was to ensure that the percentages of reservation provided for various categories of persons is effectively and speedily achieved. This can only be done if the department concerned identifies the year-wise vacancies in the cadre. Once the vacancies are identified, it is enjoined upon the authorities to ensure that the selection procedure is completed speedily. This is necessary to avoid uncertainty to all categories of candidates. This can only be done if the department concerned identifies the year-wise vacancies in the cadre. Once the vacancies are identified, it is enjoined upon the authorities to ensure that the selection procedure is completed speedily. This is necessary to avoid uncertainty to all categories of candidates. General category, as well as, the reserved category candidates are likely to be adversely affected in case the vacancies are not filled within a reasonable period of time. As a result of undue delay, certain candidates will always be in the danger of becoming overage to apply for some particular posts falling in a particular year of recruitment. Unnecessary lethargy in filling up the posts would also lead to further uncertainty and chaos among the recruits with regard to their seniority, confirmation and promotions. Such a situation only gives rise to unavoidable litigation, lasting for many long years. This case epitomizes such malaise… . In our opinion, the State Government, in the present case, ought to have initiated the necessary selection procedure upon due verification of the posts available for the reserved categories. It was not sufficient to merely send the requisition to the Public Service Commission. It was necessary for the State to pursue the matter with the Public Service Commission for completion of the selection process. Otherwise, the very purpose of introducing the roster system and a running account would be totally defeated. We, therefore, reiterate that it is necessary for the department to identify year-wise vacancies for the cadre. It is also necessary to fill up the posts speedily in order to avoid certain candidates being rendered ineligible as they may have become overage. It is for this reason that Section 3 has placed importance on the year of recruitment as also on the process of selection. In our opinion, the authorities have been rather casual in their approach in implementing the reservation policy, in letter and spirit. We are, however, conscious of the fact that …the 367 posts lying vacant for a number of years are meant only for the reserved categories. They have been calculated on the basis of the percentages reserved for various categories. In our opinion, the authorities have been rather casual in their approach in implementing the reservation policy, in letter and spirit. We are, however, conscious of the fact that …the 367 posts lying vacant for a number of years are meant only for the reserved categories. They have been calculated on the basis of the percentages reserved for various categories. In segregation of the aforesaid posts, none of the unreserved categories would be deprived of any posts which ought legitimately to have fallen to their share." e) It is pertinent to note that at para 8 of the Statement of Objections, the Respondent Nos. 1, 2 & 3 complainingly stated about the Respondent-Institute not undertaking the recruitment to backlog vacancy, despite 2nd Respondent's letter dated 09.05.2022. However, it sounds strange to us that at para 9, the official respondents seek dismissal of the writ petition, despite a stand taken in writing favourable to the petitioner. The Government being a constitutional functionary, is expected to conduct itself as a bonafide & scrupulous litigant. The Government should rejoice when an injured citizen secures victory in a worthy legal battle, against it. Entities that fit into the constitutional contours of Article 12 are expected not to take up unfair stand, be it in pleadings or in evidence; their object should not be, somehow to secure dismissal of citizens causes invariably, and regardless of their intrinsic worth. The Apex Court in DILBAGH RAI JARRY vs. UNION OF INDIA AND OTHERS, (1974) 3 SCC 554 , has observed as under: "… it must be remembered that the State is no ordinary party trying to win a case against one of its own citizens by hook or by crook; for the State's interest is to meet honest claims, vindicate a substantial defence and never t score a technical point or overreach a weaker party to avoid a just liability or secure an unfair advantage, simply because legal devices provide such an opportunity. The State is a virtuous litigant and looks with unconcern on immoral opportunity. The State is a virtuous litigant and looks with unconcern on immoral opportunity. The State is a virtuous litigant and looks with unconcern on immoral forensic successes so that if on the merits the case is weak, government shows a willingness to settle the dispute regardless of prestige and other lesser motivations which move private parties to fight in court..." In the above circumstances, this Appeal is allowed; the impugned order of the learned Single Judge is set at naught; Appellant's W.P.No.17537/2022 is favoured; a Writ of Mandamus issues to the Respondents to undertake or caused to be undertaken the Backlog Recruitment Drive in all the Government Departments and Institutions forthwith, in terms of extant Orders, Circulars & Notifications, and accomplish the task on a war footing, within an outer limit of six months. Costs are reluctantly made easy.