on 08/05/09 the apex court held that "In our opinion, having opted to consider his case only under OBC category, he cannot thereafter claim that his case requires to be considered in the general merit, only because, he has scored better percentage of marks than the last selected candidate in the gen merit. In our considered view, the Administrative Tribunal having found that the appellants were justified in not considering the
respondent's case for appointment under OBC category, ought not
to have directed the appellants to consider his claim under general
category.
