The main legal point established is that reservation does not apply to a single post cadre, and subjectwise recruitment is required in the context of reservation under U. P. Act No. 4 of 1994.

( 1 ) ADVERTISEMENT No. 29 of 2000 issued by the U. P. Higher Secondary Education Service commission, Allahabad, in so far as it pertains to the post of Lecturer in Geology in P. P. N. College, Kanpur, is sought to be quashed by means of this petition under Article 226 of the constitution of India. The petitioner who is working in the college as an Anshkalik teacher appointed as such by the management with the approval of the Director, Higher Education service Commission in view of the provisions contained in Government Order No. 467 (1)Sattar-2-98-3 (9)/93 T. C. dated 7. 4. 1998, claims that she is eligible and fully qualified for being appointed as Lecturer Geology but stands precluded from applying to the post in question because of the reason that it has been illegally reserved for Scheduled Caste candidate.

( 2 ) IT has been submitted by Sri Ashok Khare, senior advocate appearing for the petitioner that the sole vacancy in the post of Lecturer in Geology mentioned in the impugned advertisement pertains to the P. P. N. College, Kanpur, wherein there are only two sanctioned posts of Lecturer in the concerned discipline which cannot be subjected to reservation and roster provided in the u. P. Public Services (Reservation for Scheduled Caste, Scheduled Tribe and Other Backward classes) Act, 1994 (hereinafter referred to as the U. P. Act No. 4 of 1994) for in order to apply the reservation and roster provided under the Act, there must exist at least five vacancies in the particular discipline/subject. Reliance has been placed on Government Order No. 780/15-10-95 (18)/94 Shiksha Anubhag-10, Lucknow, dated March 6, 1995 (Annexure-14 to the writ petition ).

( 3 ) THE submission, in our opinion, is based on misconstruction of the Government Order aforestated which was issued in answer to queries made by certain Universities as to whether reservation as provided in U. P. Act No. 4 of 1994 would apply to a single post and if not, what should be the minimum number of posts in a given service in order to attract reservation as provided under the U. P. Act No. 4 of 1994. The Government Order aforestated reads thus :. . (Vernacular Text Deleted ). .

( 4 ) IT is evident from the Government Order aforestated that reservation is not applicable to a single post cadre. In other words, where there is a single post created or sanctioned in a cadre, reservation will not apply to such post. In service jurisprudence, the term cadre has a definite legal connotation. Fundamental Rule 9 (4) defines the word cadre to mean the strength of a service or part of a service sanctioned as a separate unit. In the legal sense, the word cadre is not synonymous with service. The legal position stated in the Government Order that reservation would not apply to a single post cadre is quite in conformity with the law declared by the supreme Court in Dr. Chakradhar Paswan v. State of Bihar. AIR 1988 SC 959. In that case, bihar Public Service Commission had invited applications for the posts of Deputy Director (Homeopathic) in the Directorate of Indigenous Medicines, Health Department. State of Bihar from Scheduled Caste candidates. Dr. Chakradhar Paswan, a Scheduled Caste candidate, was selected by the Commission and consequently appointed by the State Government vide order dated 30. 5. 1979. Validity of the advertisement issued by the Bihar Public Service Commission as also appointment of Dr. Chakradhar Paswan was questioned in the High Court by Dr. Kameshwar Prasad, a candidate belonging to general class, on the ground that a single post was not liable to be reserved. Admittedly, in the Directorate of Indigenous Medicines, Health department of State of Bihar, there was one sanctioned post of Director on which one Dr. Nagesh Dwivedi had already been appointed on ad hoc basis. In addition to the post of Director, there were two posts initially in the Directorate of Indigenous Medicines. The system was initially a part of the Health Department of Gov