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The Office Memorandum dated 2.7.1997 was examined in consultation with the Attorney General of India. The Attorney General advised that the Government could not have continued the vacancy based rosters and had no option but to switch over to post based rosters. He also expressed the view that the decision of the Supreme Court could be nullified only by way of amendment to the Constitution itself, amending Article 16 and providing that the reservation shall be vacancy based. However, he felt that such an amendment, if made, is likely to be challenged and the ground of violation of the basic structure of the Constitution..