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1996 Supreme(Cal) 381

BHAGABATI PROSAD BANERJEE
Sankar Prosad Ghosh – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Mr. P. Sarkar, for the Petitioner

JUDGMENT

This is a very peculiar case. It appears that there is only one post in the Junior High School in question and that the District Inspector of Schools concerned has declared the said post reserved for Scheduled Caste candidate.

2. The Supreme Court in the case of (1) Dr. Chakradhar Paswan v. State of Bihar reported in 1988(2) SCJ 67 held that 'when there is only one post in the cadre, no reservation can be made under Article 16(4) of the Constitution of India. Subsequently, in (2) Chetanax Dilip Motghare v. Bhide Girls' Education Society, Nagpur reported in AIR 1994 SC 1917 it was held by the Supreme Court that single permanent post could not be reserved'.

3. In the instant case, admittedly there is only one post in the school in question and, accordingly, there cannot be reserved quota for such single post.

4. Accordingly, the impugned memo dated July 15, 1996 passed by the District Inspector of Schools (S.E.), Calcutta is set aside.

The writ application is thus allowed.

There will be, however, no order as to costs.

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