(3). The undisputed facts are that a candidate, namely, Ranjan also belongs to the Backward Class category who has secured 80 marks. It is also not in dispute that the last three candidates from the General/Open category, who have got appointment, secured 78 marks each. The petitioner’s precise contention is that since the marks secured by another Backward Class category candidate, namely, Ranjan are more than the marks got by three candidates in the General/Open category, that Ranjan is entitled to be treated as an Open category candidate and the resultant vacancy reserved for the Backward Class category deserves to be offered to the next candidate in order of merit belonging to the said reserved category. The petitioner is, admittedly, the next candidate in the order of merit amongst the Backward Class candidates. (4). The legal position is well-settled that a candidate belonging to the reserved category, if secures marks higher than the last candidate of the Open Category who has been given appointment, such reserved category candidate shall be treated in the Open Category and shall not occupy the reserve point. Reference in this regard may be made to the
