1 S.B. CIVIL WRIT PETITION NO. 8079/08 (Bhla Ram Vs. LIC of India & Ors.) Date:- 13.05.2009 HON'BLE MR. PRAKASH TATIA,J. Mr.Pankaj Kumar Bohra for the petitioner. Mr. JL Purohit for the respondents. Heard learned counsel for the parties. The petitioner's grievance is that though he is a member of OBC and secured marks which are less than cut off marks on which appointments were given on the post to the OBC candidate but his marks entitles him to have his candidature to be considered in general category as the cut off marks in general category is lower than the cut off marks of OBC category. According to learned counsel for the petitioner same issue has been raised in two writ petitions before this Court and the question of law is the same and has been decided in favour of the petitioner holding that the person belonging to the OBC and having sufficient marks, be considered for the appointment on the post as candidate belonging to general category then it is obligatory on the 2 part of the respondents to consider such aspect for their appointment in their category obviously in general category. Learned counsel for the petitioner relied upon the judgment of this Court delivered in the case of SBCWP No. 784/04 Jaiwanti Solanki & Anr. Vs. State of Raj. & Ors. decided on 14.12.2005 and in SBCWP No. 1122/06 Smt. Komal Vs. State of Raj. & Ors. decided on 26.11.08. Following the above judgment this writ petition is also allowed. The respondents are directed to consider the candidature of the petitioner for the purpose of appointment according to merit in general category and if appointment is given to any person having less marks than the petitioner in that category, the appointment be accorded to the petitioner also, if he is eligible otherwise also. No order as to costs. (PRAKASH TATIA),J. arti