JUDGMENT M. Katju, J.
1. Heard Shri R.N. Singh and G.K. Singh learned Counsel for the petitioner and learned Standing Counsel,for the respondents.
2. The petitioner has prayed that he should be promoted on the basis of the recommendation of the Departmental Promotion Committee dated 27.8.2001 to the post of Joint Excise Commissioner , U.P. The petitioner is presently Deputy Excise Commissioner. For promotion 21% posts are reserved for S.C. Candidates. The question is to be decided is whether out of the 7 posts, two posts have to be reserved for Scheduled Caste persons or only 1 post.
3. A somewhat similar controversy was decided by a Division Bench of this Hon'ble Court in Pranvir v. Chancellor 2004(2) UPLBEC 1445. In that decision it was held that if there 9 posts then only four can be reserved and not five because reservation of five posts will be exceeding the maximum 50% limit fixed by the Supreme Court. 2.1 % of the number 7 comes to about 1.4, which is less than 1.5. Hence the principle of rounding off has to be adopted and hence only 1 post can be reserved for S.C. candidates and not two because if two posts are reserved then reservation for S.C. Candidates will be 28.5% which will exceed the 21% limits;
4. Consequently we hold that only one out of the 7 posts can be reserved for S.C. Candidates. The writ petition is allowed. A mandamus is issued to the respondents to consider the . recommendation of the Departmental Promotion Committee held on 27.8.2001 preferably within six weeks of production of certified copy of this order before the authority concerned in accordance with law and in the light of this judgment.