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10. In the bunch of writ petitions, which came up for consideration before the learned Single Judge, an identical issue was involved with regard to the filling of existing backlog vacancies of teachers in the Education Department. Primarily, the question related to the filling of backlog vacancies reserved for the Scheduled Castes, Scheduled Tribes and Other Backward Classes (OBC). The contention of the petitioners was that the backlog vacancies, which have been carried forward under the reserved category, have not yet been filled. According to the breakups given (though it may not be the exact figure), it shows that the backlog vacancies of the Scheduled Castes as carried forward in the previous year was 1030 posts and that of Scheduled Tribes it was 210, which was carried from the previous year selection. The issue as agitated earlier too came up for consideration before the Court in Writ Petition (S/S) No.332 of 2012, which was disposed of by this Court on 06.09.2013 (as quoted above) directing the respondents to complete the selection process within a period of nine months. In the selection process of 2014, the Scheduled Castes vacancies were determined to be 741, that of Scheduled Tribes as 114 and OBC as 41.

"33. A harmonious construction of sections 2(d), 3(2) and 3(5) would lead to the conclusion, as stated by the Division Bench, that only those vacancies can be declared backlog vacancies, within the reserved category, which were subject matter of advertisement but remained unfilled because of non- availability of suitable. It is only in respect of such vacancy that the procedure qua backlog vacancy can be adopted. Any vacancy, which has not been subjected to a complete process of selection, even though vacant, cannot be treated as a backlog vacancy.