IMPORTANT POINT
Reservation in employment under Article 16(4) of the Constitution requires plurality of posts; a solitary post cannot be reserved, as it violates the constitutional bar against 100% reservation.

ORDER :

(Sanjay K. Agrawal, J.)

1. The petitioner herein calls in question the validity of the advertisement dated 30-7-2014 issued by the Chhattisgarh Public Service Commission – respondent No.1 herein seeking the same to be declared as void inoperative in respect of the post of Assistant Professor (Cardiology) on the ground that single post of Assistant Professor (Cardiology) has been reserved for Scheduled Tribe candidate that amounts to 100% reservation and contrary to the well settled law.

2. The aforesaid challenge has been made on the following factual backdrop: -

3. The petitioner is Doctor of Medicine (DM) in Cardiology and working as Assistant Professor in the Department of Cardiology in the Government Medical College. The subject advertisement has been issued in accordance with the provisions of the Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules, 2013 for recruitment from amongst other posts on one post of Assistant Professor (Cardiology) in the Government Medical College. Case of the petitioner is that since single post has been advertised for appointment of Assistant Professor (Cardiology), reservation roster would be inapplicable, otherwise, if the advertisement is allowed to stand, it would amount to 100% reservation which is per se illegal and bad in law when there is settled law in this behalf as laid down by their Lordships of the Supreme Court in umpteen number of cases.

4. Return has been filed by the Chhattisgarh PSC and from amongst other grounds it has also been pleaded that in the cadre of Assistant Professor (Cardiology), there were two posts available / vacant, one post has been reserved for unreserved category and according to roster, one post would fall for Scheduled Tribe category. Since one unreserved post has already been filled by appointment of Dr. Smit Shrivastava by way of absorption by the order of the Government, therefore, one post for reservation would fall in favour of Scheduled Tribe category and as such, it has been advertised and thus, it would not amount to 100% reservation, accordingly, reservation would be applicable.

5. The State / respondents No.2 to 4 have also filed return in the same line holding that two vacant posts are available in the Department of Cardiology at Pt. Jawaharlal Nehru Memorial Medical College, Raipur, one post of general category has been filed by way of absorption of Dr. Smit Shrivastava by order dated 28-6-2014 and as per the model roster (Annexure R-4), when two vacant posts are available, one post should be reserved for unreserved category and another should be reserved for Scheduled Tribe category. In that view of the matter, the State/ respondents No.2 to 4 prays for dismissal of the writ petition.

6. Mr. J.N. Nande, learned counsel appearing for the petitioner, would submit that since one post has been advertised for Assistant Professor (Cardiology) and that has been reserved for ST category, therefore, it amounts to 100% reservation and reservation would not apply as laid down by their Lordships of the Supreme Court in the matter of R.R. Inamdar v. State of Karnataka and others, (2020) 19 SCC 543.

7. Mr. Anand Mohan Tiwari, learned counsel appearing for the Chhattisgarh PSC/respondent No.1 and Mr. Rahul Tamaskar, learned Government Advocate appearing for the State/respondents No.2 to 4, would support the impugned advertisement and submit that two vacant posts are available in the Department of Cardiology, whereas one post of unreserved category has been filled by absorption of Dr. Smit Shrivastava and one post has been advertised as per Annexure P-4, as such, it is not the case where single post has been reserved for ST category and, therefore, the writ petition deserves to be dismissed.

8. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record carefully and thoroughly as well.

9. Admittedly, as per return filed by the State/respondents No.2 to 4, two posts of Assist