JUDGMENT : DEVASHIS BARUAH, J. Heard Mr R Islam, the learned counsel appearing on behalf of the petitioner. Mr H K Das, the learned Standing Counsel appears on behalf of the respondent Nos. 2 and 3, and Mr S Das, the learned counsel appears on behalf of the respondent No. 5. Mr K R Gogoi, the learned Government Advocate, Assam appears on behalf of the respondent Nos. 1 and 4. 2. The petitioner, herein, is aggrieved by the selection and appointment of the respondent No. 5, to the post of Process Server, in spite of the fact that the petitioner secured higher marks in the Economically Weaker Section (EWS) category. 3. To appreciate the case set out by the petitioner, this Court finds it relevant to take note of the brief facts, which led to the filing of the present writ petition. The District and Sessions Judge, South Salmara, i.e. the respondent No. 3, had issued an advertisement on 21.10.2022, for filling up of 3 (three) vacant posts. One post was earmarked for General category, the second was reserved for MOBC/OBC, and the third post was reserved for EWS. There is no mention in the advertisement that any of these posts is reserved for women, though was required under the Assam Women (Reservation of Vacancies in Services and Posts) Act, 2005 (hereinafter, referred to as “the Act of 2005”), which was duly applicable. 4. Before moving forward, this Court now finds it relevant to take note of a Judgment of the learned Division Bench of this Court in the case of Nilima Das –Vs- State of Assam and Others ; reported in 2018 (2) GLT 924, wherein the learned Division Bench of this Court dealt with the Act of 2005 and its implications. Paragraphs 13 to 17 of the said Judgment, being relevant, are reproduced hereinunder:- “13. The 2005 Act is a statutory enactment providing for reservation of vacancies in services and posts for women in the State of Assam. Section 4 of 2005 Act is the substantive provision. It says that at the commencement of this Act, 30% of the vacancies in respect of all appointments to the services and posts in the establishment which are to be filled up by direct recruitment shall be reserved for women candidates. Section 4 of 2005 Act is the substantive provision. It says that at the commencement of this Act, 30% of the vacancies in respect of all appointments to the services and posts in the establishment which are to be filled up by direct recruitment shall be reserved for women candidates. ‘Establishment’ has been defined under Section 2(b) of the 2005 Act to mean, amongst others, any office of the State Government. As per the first proviso, reservation for women shall be inclusive of reservation provided for the Scheduled Castes, Scheduled Tribes and Other Backward Classes etc. As per the second proviso, 30% reservation of the vacancies in respect of women of the remaining unreserved categories shall be available to the women of unreserved category only. 14. As per Section 6 of the 2005 Act, if any appointing authority makes any appointment in contravention of the provisions of Section 4 , he shall be liable to be punished with fine which may extend to rupees one thousand and also liable to face disciplinary proceeding. 15. A conjoint reading of Sections 4 and 6 of the 2005 Act would go to show that provisions for providing reservation for women to the extent of 30% of the vacancies is of mandatory character, non-compliance of which would invite penal consequences, besides disciplinary action. That apart, use of the expression “shall” in both the provisions i.e. in Sections 4 and 6, is a clear pointer to the legislative intent behind Section 4 . As per the preamble of the 2005 Act, same has been enacted to provide for reservation of vacancies in services and posts for women in the State of Assam considering the fact that women in the State of Assam are socially, educationally and economically backward and are not adequately represented in the services and posts within the State of Assam. Therefore, it was decided to provide for reservation of vacancies for women in services and posts in order to bring women at par with men. Thus, it is evident that the 2005 Act is a socially empowering piece of legislation and perforce, would call for strict compliance of the provisions contained therein. 16. The second aspect of the matter is that reservation for women as provided under the 2005 Act is horizontal reservation in contra-distinction to vertical reservation. Thus, it is evident that the 2005 Act is a socially empowering piece of legislation and perforce, would call for strict compliance of the provisions contained therein. 16. The second aspect of the matter is that reservation for women as provided under the 2005 Act is horizontal reservation in contra-distinction to vertical reservation. What is horizontal reservation and what is vertical reservation and the inter-play between the two forms of reservation have been elaborately gone into and explained by the Supreme Court in Indra Sawhney Vs. Union of India, AIR 1993 SC 477 and, thereafter, succinctly explained in the subsequent decision of Rajesh Kumar Daria Vs. Rajasthan Public Service Commission, (2007) 8 SCC 785 . This aspect of the matter has also been gone into in the recent decision of the Supreme Court in Union of India Vs. M. Selvakumar, (2017) 3 SCC 504 . 17. There is one more aspect which we would like to highlight. Both the preamble of the 2005 Act and Section 4 thereof reveal that reservation contemplated under the 2005 Act is vacancy based and not post based. In this connection we may also refer to the provision for reservation for persons with disabilities as provided under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Act 1995, more particularly, the provisions of Section 33 thereof. In Union of India Vs. National Federation of Blind, (2013) 10 SCC 772 , Supreme Court made it clear that reservation under the aforesaid Act is vacancy based and not post based. On due consideration, we are of the view that reservation for persons with disabilities and reservation for women both belong to the category of horizontal reservation and, therefore, such reservation would cut across all social category reservation and would be enforceable vacancy wise and not post wise. In other words, reservation for women as contemplated under the 2005 Act is vacancy based and not post based.” 5. From the above observation so made by the learned Division Bench, it is apparently clear that 30% of the vacancies in respect of all appointments to the services and posts in the establishment, which are required to be filled up by direct recruitment, shall be reserved for women candidates, and the reservation for women shall be inclusive of the reservation provided for Scheduled Castes, Scheduled Tribes and Other Backward Classes etc. It is further mentioned that 30% of reservation of the vacancies in respect of women of remaining unreserved category, shall be available to the women of unreserved category only. The learned Division Bench further observed that non-compliance with Section 4 , which is substantive in nature, is punishable with fine, which may extend to Rs. 1,000/-, and also liable to face disciplinary proceedings. It was further observed that the legislative intent behind the said enactment is that, to provide for reservation of vacancies for women in services and posts, in order to bring women at par with men. 6. The above observation so made by the learned Division Bench and further perusal of the Act of 2005, shows that an endeavour has been made that there is more wider participation of women in the establishments under the Government of Assam. The said Act of 2005, having also been made applicable to the district judiciary, there is also an impetus that the ministerial posts have wider participation of women, and not less than 30%. The respondent No. 3 being a District and Sessions Judge, would be deemed to be aware of the law, relating to the Act of 2005, and more particularly, when the said Act has been enforced for the last two decades. However, neither from the advertisement nor from the resolutions adopted by the selection board, prior to the advertisement, there is any mention whatsoever, in respect to the Act of 2005. 7. Now, proceeding further, it appears that a total of 133 candidates participated in the said selection process initiated on the basis of the advertisement dated 21.10.2022, and out of which 27 candidates submitted their applications in the EWS quota. It is further seen from the resolution dated 05.12.2022, that the selection board, prior to carrying out the selection, had set out the selection procedure. In terms of the said selection procedure to be followed, 85 marks was for the written examination and 15 marks was for viva- voce. Out of the 15 marks, 5 marks each was allotted to each member of the Selection Board. In the said resolution dated 05.12.2022, there was then also no decision taken as regards the reservation of women, in terms with the Act of 2005. Be that as it may, the selection board in the resolution dated 05.12.2022, fixed the next meeting of the selection board on 13.12.2022. In the said resolution dated 05.12.2022, there was then also no decision taken as regards the reservation of women, in terms with the Act of 2005. Be that as it may, the selection board in the resolution dated 05.12.2022, fixed the next meeting of the selection board on 13.12.2022. On 13.12.2022, a further resolution was taken by the selection board that it was necessary to fix the reservation for women, in accordance with the Act of 2005, and taking into account that selection proceedings were going on for 18 Nos. of vacancies, 5.4 Nos. of posts may be kept reserved for women 9. The record further reveals that for the post of Process Server in the 3 (three) different categories, though 133 candidates participated, but only 16 candidates were called for interview. This aspect, however, is not supported by any resolution adopted by the selection board, to the effect that all the candidates would not be called for the interview. Out of the 16 candidates, who were called for the interview, only 8 candidates participated in the said interview process, which was held on 18.02.2024, and on the basis of those marks obtained in the written test, as well as the interview, a mark sheet of the candidates was prepared on 20.02.2024. The mark sheet contains the names of 8 candidates. The said mark sheet being relevant is reproduced hereinunder:-“ Sl. No. Roll No. Name of Candidate GENDER Category Total Marks Obtained 1. 86 Md. Sabbir Amin M OC 64 2. 150 Sakib Ahmed M OC 60.5 3. 58 Jaleswar Barman M MOBC 57 4. 193 Zumi Rani Seal F OBC 48.5 5. 75 Md Rashidul Islam M EWS 59.5 6. 69 Khairuz Zaman M EWS 59.5 7. 148 Saidulla Sk M EWS 43.5 8. 194 Sherin Mosammat Hakikatun F EWS 58 10. It is further seen from the records that on 01.02.2024, i.e., prior to the merit list being prepared, a meeting of the selection board had taken place and a select list was prepared of 13 candidates to the posts of Peons and Chowkidaar. It further shows from the said minutes that in a general category, out of the 5 selected candidates, 3 were reserved for women. It further shows from the said minutes that in a general category, out of the 5 selected candidates, 3 were reserved for women. However, in respect to the OBC/MOBC category, the Scheduled Castes category, the Scheduled Tribes (Plains) Category, the EWS category, in respect to the posts of peon, there was no reservation for women. In respect to the Chowkidar post, 1 candidate, out of the two, was selected as reserved for women. Therefore, out of the 13 posts filled up, 4 candidates were chosen in terms with the Act of 2005, as being reserved for women. It further reveals from the said resolution that the selection board also took into account the results of the written test for the post of Process Server, and resolved that, to call for qualifying candidates in the ratio of 1:5 for viva-voce, and accordingly, issued a notification on 01.02.2024 itself, wherein the respondent No. 5, whose Roll No. was PS-0194, was shown in the Unreserved category, though she applied in the EWS quota. 11. The record further reveals that the Selection Board in order to select the candidates, after the merit list was published on 20.02.2024, held various meetings. On 03.06.2024, a resolution was made by the Selection Board and in the said resolution, it was adopted that as there were 16 sanctioned posts of Grade-IV employees in the establishment and in view of the Act of 2005, which mandates 30% reservation, which comes to 5 (five) posts to be reserved for women in the establishment. It was further resolved that as there were already 4 Grade-IV employees for women working in the establishment, the selection board was of the view that remaining one was to be filled up from women. In the said resolution, it was further observed that as the respondent No. 5, who was a woman had secured the highest. She was selected against the EWS women’s quota. The relevant part of the resolution dated 03.06.2024, being pertinent for the purpose of adjudication of the instant dispute is reproduced hereinunder:- “The board further discussed the matter of filling up the posts of three process servers in this establishment. The process of recruitment for the same was completed earlier and that earlier board prepared a list of eight candidates for filling up of the said posts. The process of recruitment for the same was completed earlier and that earlier board prepared a list of eight candidates for filling up of the said posts. As per advertisement issued for filling of three posts of process servers, one post was reserved for OBC/MOBC category, one post was for unreserved category and one post was from among EWS category. The board further noted that there are 16 sanctioned posts of grade IV employees in this establishment and as per Government notification, 30% of such posts to be filled from women category. As such there are five posts reserved for women in this establishment. The board took note that at present there are four grade IV employees who are women are working in this establishment and thus the board views that remaining one to be filled from women. The board, after discussions, is also of the view that one candidate be kept reserved in wait list against each category on the basis of merit cum seniority.” 12. On the basis of the said resolution so adopted on 03.06.2024, the impugned notification was issued on 04.06.2024, and it is under such circumstances, the petitioner being aggrieved that he having obtained the higher marks on merit in the EWS quota, being not selected, had approached this Court by filing the present writ petition. 13. It is relevant to take note of that, vide an order dated 22.07.2024, this Court issued notice and observed that the selection and appointment of the respondent No. 5, would be subject to the outcome of the writ petition. 14. The record reveals that the respondent No. 3 had filed an affidavit-in- opposition, wherein the justification given to the selection of the respondent No. 5, vis-à-vis the petitioner in the EWS category, is that the respondent No. 5, amongst the women candidates in all the three categories, had secured the highest marks. The reply has been by the petitioner to the said affidavit-in- opposition, wherein the petitioner questioned the EWS certificate so issued in favour of the respondent No. 5, and further stated that as each of the categories was a single post, the question of having a reservation for women in terms with the Act of 2005, does not arise. The reply has been by the petitioner to the said affidavit-in- opposition, wherein the petitioner questioned the EWS certificate so issued in favour of the respondent No. 5, and further stated that as each of the categories was a single post, the question of having a reservation for women in terms with the Act of 2005, does not arise. It was the categorical stand of the petitioner that the Act of 2005 would only come into play when there is at least more than one post in the said category. The respondent No. 5 had also filed an affidavit-in-opposition, wherein the respondent No. 5 supported the stand so taken by the respondent Nos. 2 and 3. It was further stated that the respondent No. 5 was appointed on 06.06.2024, in pursuance to the selection process and she has also started receiving her salary. 15. Mr R Islam, the learned counsel appearing on behalf of the petitioner, submitted that as the post reserved for EWS is single cadre post, the question of applying horizontal reservation does not arise. In that regard, he has referred to the Judgment of the Supreme Court in the case of Rajesh Kumar Dalia –Vs- Rajasthan Public Service Commission and Others , reported in (2007) 8 SCC 785 . 16. Mr H K Das, the learned Standing Counsel for the respondent Nos. 2 and 3, per contra submitted that though the authorities concerned ought to have mentioned in the advertisement, as regards the reservation for women, but in view of the Act of 2005, already holding the field, it can always be presumed that the advertisement as well as selection proceeding envelops within itself, the laws applicable. He submitted that the overall position can be seen from the various resolutions as placed before this Court itself, which will show that though the advertisement in question was only in respect to three posts, but during the same period, contemporaneously, advertisements were also issued for selection of Peons as well as Chowkidars. Therefore, this selection so carried out were all in the Grade-IV category, and in total were 16 (sixteen) posts, of which, 11 (eleven) were peon posts, 2 (two) were Chowkidar posts, and 3 (three) were Process Server posts. 17. Therefore, this selection so carried out were all in the Grade-IV category, and in total were 16 (sixteen) posts, of which, 11 (eleven) were peon posts, 2 (two) were Chowkidar posts, and 3 (three) were Process Server posts. 17. The learned Standing Counsel further submitted that the resolution so adopted on 01.02.2024 would show that in the category of peon posts, the Act of 2005 was applied and as against 11 posts, three women were selected from the unreserved category. In respect to the Chowkidar post, one woman was selected against the two posts. Therefore, in respect to the Process Server post, one woman had to be selected, else it would lead to violation of the Act of 2005. He, therefore submitted that applying the formula as approved by the Supreme Court in the case of Saurav Yadav –Vs- State of UP ; reported in (2021) 4 SCC 542 , the respondent No. 5, who was otherwise a general candidate, but having obtained the highest marks amongst the women candidates to the post of Process Server, was appointed against the post reserved for EWS. 18. The learned counsel further submitted that as already 4 posts were filled up by women candidates from the general category and the respondent No. 5 was not an OBC candidate, the respondent No. 5 was, therefore accommodated in the EWS quota, where she otherwise belonged. 19. Mr S Das, the learned counsel appearing on behalf of the respondent No. 5, adopted the arguments so made by Mr H K Das, the learned Standing Counsel appearing on behalf of the respondent Nos. 2 and 3, and additionally, submitted that the respondent No. 5 has already been appointed by the Communication dated 06.04.2024, and thereupon, has been receiving her salary. 20. This Court has given an anxious consideration to the submissions so made by the learned counsel appearing on behalf of the parties as well as the records, which were placed and which contained the various resolutions. 21. The Act of 2005 has been made applicable by the Gauhati High Court to the ministerial staff of the establishment of the district judiciary of Assam. Under such circumstances, when an advertisement is issued, it has to be presumed that the stipulations contained in the Act of 2005, and the rules framed thereinunder, is part and parcel in the advertisement as well as to the selection proceedings. Under such circumstances, when an advertisement is issued, it has to be presumed that the stipulations contained in the Act of 2005, and the rules framed thereinunder, is part and parcel in the advertisement as well as to the selection proceedings. This Court, however, for the sake of transparency, observes that earmarking of the posts reserved for women, in terms with the Act of 2005, should be done by the concerned selection authorities before issuance of advertisement, inasmuch, as it would not only appear to be fair and transparent, but would provide wider participation amongst the women, to the selection of the said posts, which is the legislative intent. 22. This Court further takes note of the resolutions so placed before this Court, during the course of the hearing, and from a perusal of the said resolutions, it appears that the establishment of the respondent No. 3, contemporaneously, were carrying out selection process, in respect to posts of peon, chowkidar and Process Server, in total, 16 (sixteen) posts. Basing on the posts advertised, i.e., 16 (sixteen) posts, the reservation in the EWS category, came to 1.6 or roughly 2 (two). Basing upon the mandate of the Act of 2005, against the 16 (sixteen) posts, 30% of the reservation for woman would be 4.8 or 5. While these selection proceedings were going on, contemporaneously, as would be apparent from the resolution above referred to, it would be seen that for the unreserved category, 3 (three) women candidates were selected as against 11 (eleven) posts of peon. In so far as the post of Chowkidar, one woman candidate was selected as against two posts of peon. The posts which were filled up by applying the reservation of 30% under the Act of 2005, for the post of peon and Chowkidar, were from unreserved category. However, taking into account that there was a necessity of having an additional post to be selected from the women, in terms with the Act of 2005, the respondent authorities selected one of the women against the three posts of Process Server, which were in three different categories of unreserved, OBC/MOBC and EWS. The justification so given in the affidavit filed by the respondent Nos. The justification so given in the affidavit filed by the respondent Nos. 2 and 3, is that one candidate had to be selected in the post of Process Server for the women category, from the women quota, and the respondent No. 5, having secured the highest marks amongst all the women candidates, she was selected, as against the EWS category. Now, the question arises, as to whether the selection from the EWS category by the concerned respondent authorities violates the mandate of Article 14 and Article 16 of the Constitution of India, inasmuch, such a decision was taken later on, on 03.06.2024. In this regard, this Court finds it relevant to take note of how the horizontal reservation is to be implemented, as has approved by the Supreme Court in the case of Saurav Yadav (supra). Paragraph 23.11 and Paragraph 43 being relevant are reproduced hereinunder:- ““The High Court then laid down:- “69. For the future guidance of the State Government, we would like to explain the proper and correct method of implementing horizontal reservation for women in a more lucid manner. “PROPER AND CORRECT METHOD OF IMPLEMETING HORIZONTAL RESERVATION FOR WOMEN. No. of posts available for recruitment. ..... 100 Social Reservation quota (49%) Open Competition (OC) .......51 Scheduled Caste (SC ) .......12 Scheduled Tribe (ST) …………….17 Socially and Educationally Backward Classes (SEBC) ........20 Horizontal Reservation for Women (33% in each of the above categories) OC .....17 SC ….04 ST ….06 SEBC ….07 Step 1: Draw up a list of at least 100 candidates (usually a list of more than 100 candidates is prepared so that there is no shortfall of appointees when some candidates don’t join after offer) qualified to be selected in the order of merit. This list will contain the candidates belonging to all the aforesaid categories. Step 2: From the aforesaid Step 1 List, draw up a list of the first 51 candidates to fill up the OC quota (51) on the basis of merit. This list of 51 candidates may include the candidates belonging to SC, ST and SEBC. Step 3: Do a check for horizontal reservation in OC quota. In the Step 2 List of OC category, if there are 17 women (category does not matter), women’s quota of 33% is fulfilled. Nothing more is to be done. This list of 51 candidates may include the candidates belonging to SC, ST and SEBC. Step 3: Do a check for horizontal reservation in OC quota. In the Step 2 List of OC category, if there are 17 women (category does not matter), women’s quota of 33% is fulfilled. Nothing more is to be done. If there is a shortfall of women (say, only 10 women are available in the Step 2 List of OC category), 7 more women have to be added. The way to do this is to, first, delete the last 7 male candidates of the Step 2 List. Thereafter, go down the Step 1 List after item no. 51, and pick the first 7 women (category does not matter). As soon as 7 such women from Step 1 List are found, they are to be brought up and added to the Step 2 List to make up for the shortfall of 7 women. Now, the 33% quota for OC women is fulfilled. List of OC category is to be locked. Step 2 List list becomes final. Step 4: Move over to SCs. From the Step 1 List, after item no. 51, draw up a list of 12 SC candidates (male or female). These 12 would also include all male SC candidates who got deleted from the Step 2 List to make up for the shortfall of women. Step 5: Do a check for horizontal reservation in the Step 4 List of SCs. If there are 4 SC women, the quota of 33% is complete. Nothing more is to be done. If there is a shortfall of SC women (say, only 2 women are available), 2 more women have to be added. The way to do this is to, first, delete the last 2 male SC candidates of the Step 4 List and then to go down the Step 1 List after item no. 51, and pick the first 2 SC women. As soon as 2 such SC women in Step 1 List are found, they are to be brought up and added to the Step 4 List of SCs to make up for the shortfall of SC women. Now, the 33% quota for SC women is fulfilled. List of SCs is to be locked. Step 4 List becomes final. As soon as 2 such SC women in Step 1 List are found, they are to be brought up and added to the Step 4 List of SCs to make up for the shortfall of SC women. Now, the 33% quota for SC women is fulfilled. List of SCs is to be locked. Step 4 List becomes final. If 2 SC women cannot be found till the last number in the Step 1 List, these 2 vacancies are to be filled up by SC men. If in case, SC men are also wanting, the social reservation quota of SC is to be carried forward to the next recruitment unless there is a rule which permits conversion of SC quota to OC. Step 6: Repeat steps 4 and 5 for preparing list of STs. Step 7: Repeat steps 4 and 5 for preparing list of SEBCs.” 70. The State Government as well as the GPSC shall, for all times to come, bear in mind that the effect of horizontal reservation, being provided under each category, is that it is only women, who belong to the Other Backward Classes, who can compete for the posts reserved for Other Backward Classes (Women) and not women who belong to the Scheduled Castes, the Scheduled Tribes and the unreserved category. Likewise, it is only women belonging to the Scheduled Castes and the Scheduled Tribes who can compete for the posts horizontally reserved in favour of Scheduled Castes (Women) and Scheduled Tribes (Women). A woman, not belonging to the reserved category (OBC, SC and ST), is not entitled to compete for posts reserved in favour of Other Backward Classes (Women), Scheduled Castes (Women) and Scheduled Tribes (Women). 71. The converse, however, is not true. All women, irrespective of whether they belong, or do not belong, to the reserved category are entitled to compete for posts earmarked in favour of women under the General Category. There is no reservation for posts in the General Category, and horizontal reservation in favour of women in the General Category is available to be filled up from amongst all women irrespective of their caste status. The posts, reserved in favour of General Category (Women), are available for all women from the State of Gujarat, and that would include women belonging to the reserved categories such as OBCs, SCs and STs, and women who do not. The posts, reserved in favour of General Category (Women), are available for all women from the State of Gujarat, and that would include women belonging to the reserved categories such as OBCs, SCs and STs, and women who do not. Holding otherwise, would result in surreptitious introduction of reservation in favour of those who do not belong to the socially and educationally backward classes, and a disguised attempt at communal reservation has been frowned upon by the Supreme Court in The State of Madras Vs. Sm. Champakam Dorairajan and another; reported in AIR 1951 SC 226 . ……. ……. ……. …….. 43. Finally, we must say that the steps indicated by the High Court of Gujarat in para 56 of its judgment in Tamannaben Ashokbhai Desai contemplate the correct and appropriate procedure for considering and giving effect to both vertical and horizontal reservations. The illustration given by us deals with only one possible dimension. There could be multiple such possibilities. Even going by the present illustration, the first female candidate allocated in the vertical column for Scheduled Tribes may have secured higher position than the candidate at Serial No.64. In that event said candidate must be shifted from the category of Scheduled Tribes to Open / General category causing a resultant vacancy in the vertical column of Scheduled Tribes. Such vacancy must then enure to the benefit of the candidate in the Waiting List for Scheduled Tribes –Female. The steps indicated by Gujarat High Court will take care of every such possibility. It is true that the exercise of laying down a procedure must necessarily be left to the concerned authorities but we may observe that one set out in said judgment will certainly satisfy all claims and will not lead to any incongruity as highlighted by us in the preceding paragraphs.” 23. From the above formula, as laid down by the learned Gujarat High Court and approved by the Supreme Court, it would be seen as to how the horizontal reservation for women is to be implemented. Step-3 of the Guidelines by the learned Gujarat High Court, if applied to the facts of instant case would show that against the 16 posts there was a requirement of reservation of 5 posts for women. Step-3 of the Guidelines by the learned Gujarat High Court, if applied to the facts of instant case would show that against the 16 posts there was a requirement of reservation of 5 posts for women. The Schedule to the Assam Women (Reservation and Vacancies in Services and Posts) Rules, 2005, further stipulates that there shall be 30% reservation in all the categories and the schedule mentioned therein duly provides the details. 24. In the instant case, against the 16 (sixteen) posts of peon, Chowkidar, and Process Server, 9 (nine) posts were in the unreserved category; 2 (two) posts were in the EWS category; 4 (four) posts were against the OBC/MOBC category; 1 (one) post was against the Scheduled Castes category; 1 (one) post against the Scheduled Tribes (Plains) category. Therefore, appointing another woman candidate from the General category would disturb the mandate as stipulated in the schedule to the Rules of 2005, inasmuch, as 4 women candidates have already been appointed against 9 general category posts. However, further to that, the respondent No. 5, who had secured highest marks amongst the women in the Process Server post, cannot be selected against the OBC/MOBC post. Under such circumstances, the only manner in which the respondent Nos. 2 and 3, can abide by the mandate of the Act of 2005, was to adjust the respondent No. 5 against the EWS category. 25. Under such circumstances, this Court, taking into account that though there were certain procedural irregularities, as already referred to, in the earlier segments of the instant judgment, but the same being not of such nature, which would require this Court to exercise the writ in the nature of certiorari, this Court is not inclined to exercise its writ jurisdiction, for which the instant writ petition stands dismissed. 26. The photocopy of the records so produced by Mr H K Das, is kept on record and marked with the letter-‘X’.