Section 6(2) in The West Bengal Scheduled Castes And Scheduled Tribes (Reservation of Vacancies in Services And Posts) Act, 1976
(2)Notwithstanding anything contained in sub-section (1), if, in the public interest, it is necessary to fill up any vacancy as aforesaid remaining unfilled on account of non-availability of a qualified Scheduled Caste or Scheduled Tribe candidate, as the case may be, the appointing authority shall refer the vacancy to the State Government for dereservation. Upon such reference, the State Government may, if it is satisfied that it is necessary or expedient so to do, by order, dereserve the vacancy, subject to the condition that the reservation against the vacancy so dereserved shall be carried forward against the subsequent unreserved vacancy [available at the time of passing the order dereservation or any unreserved vacancy which shall occur in future.] [Words inserted by W.B. Act 5 of 2007.][Provided that the State Government may, if it is satisfied that the appointing authority by genuine mistake or on account of an error of judgement or owing to ignorance has filled up any reserved vacancy otherwise than by a candidate for whom the vacancy is reserved and that there has been no mala fide intention in this regard on the part of the appointing authority, by order in writing, regularise the appointment, if so applied for by the appointing authority, on the basis of the carry forward principle. In such case, reservation against the reserved vacancy already filled up otherwise than by a candidate belonging to Scheduled Caste or Scheduled Tribe for whom the vacancy was originally reserved, shall, -(a)if such vacancy relates to an establishment other than the establishment in universities and colleges affiliated to the universities, primary and secondary schools and also other educational institutions which are owned or aided by the State Government, be carried forward to the nearest unreserved vacancy available at the time of consideration of any application; or(b)if such vacancy relates to an establishment in universities and colleges affiliated to the universities, primary and secondary schools and also other educational institutions which are owned or aided by the State Government, be carried forward to the nearest unreserved vacancy available at the time of consideration of any application or to any unreserved vacancy which shall occur in future:][Provided further that the State Government may, if it considers it necessary or expedient so to do, by notification in the Official Gazette, empower any other authority not below the rank of District Magistrate and District Commissioner for Reservation to exercise the power of the State Government to dereserved a reserved vacancy under this sub-section.] [Proviso inserted by W.B. Act 24 of 2000.]
