Union Of India & Anr vs Satya Prakash & Ors on 5 April, 2006
30. This plea is also based on wrong legal assumption. The Supreme Court has held that if a reserved category candidate is recommended by the commission without resorting to relaxed standard could not get his/her preference in the merit list, he/she can opt a preference from the reserved category but while computing the quota/ percentage of reservation he/she will be deemed to have been allotted a seat as an open category candidate (i.e on merit) and not as reserved category candidate recommended by the Commission by resorting to the relaxed standards. Reliance can be placed for this on , Union of India and Anr. v. Satya Prakash and Ors. where it was held as under by the Supreme Court: