5. It appears from the supplementary counter-affidavit filed by the respondent-JAC that for no fault of the petitioner, he has been made to suffer for 11 years. 6. Ms. Richa Sanchita, learned counsel appearing for the respondentJAC submits that since the petitioner claimed reservation under BC-II category but he failed to submit the certificate to that effect, rightly his candidature was not considered in view of Clause- Cha (vi) of the Advt. No. 74/2011, which also finds strength from Annexure-5 to the writ petition. 7. Learned counsel for the respondent-State submits that in want of any recommendation from respondent-JAC the candidature of the petitioner was not considered. 8. Having heard the rival submissions of learned counsel for the parties, this Court is of the considered view that the case of petitioner needs consideration. Law is well settled, if any person claims reservation and failed to fulfill the requisite criteria for the same, his candidature will be considered under unreserved category. In the instant case, since the petitioner has failed to submit the caste certificate, his case ought to have been considered under Unreserved Category and since the petitioner has secured more marks than the marks obtained by the last selected candidate under Unreserved Category, he is entitled for appointment under the said category if there is no other legal impediment.
