INTRODUCTION This article focuses on the latest High court judgment on the reservation of SC category candidate right to be appointed under general category if he secures more marks in case Kamlendra Kumar Verma v. Indian Oil Corporation Limited. In this case, the High court of Delhi was dealing with the petition on seeking issue a writ of mandamus directing the respondent to declare petitioner to be successful for the post of Human Resource Officer (Grade-A) for which respondent held written test and personal interview in an advertisement. In this case, the petitioner is quite confident that he must have got more marks than what he has got and even contended that largescale malpractice has been committed by the respondent. He contended that he has got more marks than the last two selected candidates of the UR category. On the other hand, the respondent submitted that the petitioner has failed to disclose the correct fact regarding the selection of one candidate belonging to the sc category who was selected in the UR category. Court's observing- As the petitioner has done B.A and M B. A and he belongs to scheduled caste. The respondent brought out an advertisement for the post of human resource officer (Grade-A) and other posts as well. The human resources have 50 posts in which 7 posts are reserved for the SC candidates, 13 for other backward classes candidates, and 7 posts for scheduled Tribes candidates. The eligibility criteria were M B. A 2 year Full- Time regular for the post of human resource officer. There is an age relaxation of 5 years for SC/ST candidates are also given. The petitioner filled up the online form for the post of human resource officer. He qualified for the exam and called for a personal interview and group discussion. After the result was declared 27 candidates in the general category, 3 candidates of scheduled Tribes category, 13 candidates of OBC category, and 7 from scheduled caste category were declared successful. The petitioner was not there in the list of successful candidates then the petitioner took information about how many selected candidates of the SC category were selected in the Unreserved category. The petitioner asked for an OMR sheet and model question paper from the respondent but he didn’t get an OMR sheet along with the answer key of series ‘A’ but got model question booklet series'B' whereas OMR sheet was provided of series ‘A’. He filed a case and said that there is a violation of Article 14 and 16(4) of the Indian constitution as he didn’t get a name on the list. He was quite confident about his performance and also added that large-scale malpractice has been committed in this process and reserved category candidates can always compete for unreserved seats as well. So respondent said that the petitioner has availed the benefit of age relaxation available to SC candidates, but for which the petitioner would not have been eligible and according to Office Memorandum issued by the Ministry of Personnel, Department of Personnel and Training, Government of India which states that it is clarified that only such SC ST OBC candidates who are selected on the same standard as applied to general candidates shall not be adjusted against reserved vacancies. He submitted that it is the settled legal position that a candidate who applies under a reserved category by availing age relaxation available to that category could not claim an appointment in the General category. The court judgement- The court observed the eligibility of the petitioner over the said dispute post. The ground on which the respondent has denied job to the petitioner is that he secures 55.55 marks which are less than selected candidates under the SC category, who get 56.50 marks. The court observed the model question paper though he was given an OMR sheet it is not possible to discover the right answer and marks secured by him. The court declares that “It ts a conceded case of the petitioner that he was given a relaxation of five years in age for applying for the post. Such an SC category candidate seeking the benefit of relaxation cannot claim a right to be appointed under the General category even if he secures more marks. Also, when a relaxed standard is applied in selecting an SC / ST / OBC candidates, for example hi the age limit, experience qualification, permitted number of chances in written examination, extended zone of consideration larger than what is provided for general category candidates, etc., the Scheduled caste category, scheduled Tribes, and other backward classes candidates are to be counted against reserved vacancies. Such candidates would be deemed as unavailable for consideration against unreserved vacancies. ” The high court held after submission of both the parties “the respondent have not placed on record the model question paper booklet Series ‘A’ and its answer key though the OMR sheet of the petitioner has been filed on record. It is not possible to ascertain whether the OMR sheet of the petitioner tallies with the answer key of Series ‘A’. If that be so, the petition is disposed of with the directions that the respondent to call for the model question paper Series ‘A’ along with the answer key and tally the answers of the petitioner in the OMR sheet filed on record before this Court. On such comparison, if there is an increase in the marks of the petitioner, further action shall be taken by the respondent by the law. If there is no change in the marks secured by the petitioner then the matter shall be treated as closed.” CONCLUSION So, the Reserve category candidate, who gets benefit of age relaxation, permitted number of chances cannot claim the seat of the General category even if they secure more marks than the last candidate who is selected in the general category. So such candidate cannot claim the seat of any unreserved vacancies. Delhi High court observed in this case that the right of the general category is secured by this judgment as the reserved category cannot claim their seat even if they are getting more marks. REFERENCE