ORDER

1. As per the Office Report dated 13-9-1996, notice sent to the first respondent was received back by the Registry with the postal endorsement "No such person" indicating avoidance thereof on his part. Consequently, he was set ex parte. The second respondent was directed to file counter-affidavit. Even today the first respondent is not appearing either in person or through counsel.

2. Leave granted. We have heard learned counsel for the appellant and the second respondent.

3. This appeal by special leave arises from the judgment passed by the High Court of Punjab and Haryana, Chandigarh on 22-11-1995 in LPA No. 351 of 1981.

4. The admitted facts are that the first respondent, a general candidate, was appointed as a Junior Technical Assistant in the Department of Industries of the State of Punjab. The post of Assistant Superintendent, Quality Marking Centre, (Textile), i.e., in the next promotional cadre, is the single post in that cadre. The said post was reserved for Scheduled Caste candidates as per the roster and in view of the judgment of this Court in Arati Ray Choudhury v. Union of India [(1974) 1 SCC 87 : 1974 SCC (L&S) 73]. Bhagat Ram, the second respondent who was a