SANJIV KHANNA, J.

1. The Rajya Sabha Recruitment Cell and the Rajya Sabha Secretariat have filed the present intra-Court appeal under Clause X of the Letters Patent Act read with Rule 11 of the Delhi High Court Rules assailing the judgment and order dated 24th August, 2015, whereby Writ Petition (C) No. 7500/2013 filed by the respondent No. 1-Jitender Yadav has been allowed.

2. The question raised is whether an Other Backward Class candidate or a reserved category candidate, who has gained first door access on availing age relaxation applicable to the said class of candidates, can be appointed against the unreserved or general vacancy, for he has secured better marks and a higher position in merit than the last selected candidate of the general category.

3. In order to appreciate the controversy before us, we would like to set out the facts and circumstances giving rise to the present Letters Patent Appeal. In December, 2011, the appellant had issued advertisement No. 1/2011 inviting applications from eligible Indian citizens for different posts in the Rajya Sabha Secretariat, including the post of Staff Car Driver (Ordinary Grade). The number of posts, as advertised was 3,