JUDGMENT - M.L. DUDHAT, J.:---Petitioner in this case has passed his M.B.B.S. examination and made application to respondents Nos.2, 3 and 4 for admission for post graduate course i.e. M.D. in the subjects in line of preference i) General Surgery, ii) TB Chest and iii) Anaesthesia. This application was made by the petitioner in the category of reserved seats, as according to the present petitioner, he belongs to community Mali declared O.B.C. by the Government of Maharashtra. Respondents refused to treat the aforesaid application of the present petitioner under reserved category and treated the said application in general category. The reason given by the respondents for not treating the aforesaid of the present petitioner in reserved category was that at the time of taking admission for M.B.B.S. course the petitioner sought admission in the general category and therefore, in view of the decisions given by the High Court, Bombay, the petitioner cannot be considered in a reserved category for the post graduation studies. It is the case of the petitioner that if his application is treated as an application for reserved category, he was entitled to get seat for post-graduation in General Surgery, T.B. and Chest and Anaesthesia. However, since his application was treated as in general category, he was given seat for post-graduation in the subject anaesthesia. The petitioner has, therefore, filed this writ petition challenging the decision of the respondents treating his application for post-graduation in general category instead of reserved category. 2. Shri Surana, learned Counsel for the petitioner, contended that the petitioner who is a Hindu Mali, originally belonged to the State of Rajasthan. In the aforesaid State of Rajasthan, Hindu Mali was not treated as backward community till 27-8-1993. On 27-8-1993 the Government of Rajasthan declared Hindu Mali within the category of backward class. Petitioner further contended that when he applied for the admission for M.B.B.S. course, since he was not in a reserved category as per the rules and regulations of Rajasthan Government, he could not apply in reserved category and, therefore, applied in general category for his admission for M.B.B.S. course in the State of Rajasthan where he secured admission on merits. Petitioner further contended that when he applied for the admission for M.B.B.S. course, since he was not in a reserved category as per the rules and regulations of Rajasthan Government, he could not apply in reserved category and, therefore, applied in general category for his admission for M.B.B.S. course in the State of Rajasthan where he secured admission on merits. After completion of M.B.B.S. course in 1993 the petitioner made application for admission to the post-graduate course in the year 1994 and since at that time the petitioner was declared as belonging to backward community by the State of Rajasthan, he preferred the said application in the reserved category. It was contended on behalf of the petitioner that in view of subsequent development by which he was included in the reserved category by the State of Rajasthan, his application for admission to post-graduate course in medicine before the respondents ought to have been considered as application in the reserved category and not general category. 3. Shri Bharucha, learned Counsel for the respondents, contended that admittedly in the year 1988 the petitioner secured admission to M.B.B.S. course in general category. However, as per the rules for admission to the post-graduate course, more particularly as per sub-rule (3) of Rule 3-C the candidates seeking admission to the post-graduate seats against reserved category must have secured admission under that category at the First M.B.B.S. admission. In view of this, since the present petitioner in the year 1988 applied for M.B.B.S. course in the general category, the petitioner is not entitled to apply under reserved category for the post-graduate course. Shri Bharucha further contended that the aforesaid rule was challenged before this High Court and the High Court by its decision in (V.R. Potdar v. State of Maharashtra)1, 1982 Mh.L.J. 779, upheld the validity of the said rule. In view of this, it is contended on behalf of the respondents that the petitioner is not entitled to secure admission for post-graduate course as a candidate of reserved category. 4. In view of this, it is contended on behalf of the respondents that the petitioner is not entitled to secure admission for post-graduate course as a candidate of reserved category. 4. After hearing both the sides, we are of the opinion that the contention of the petitioner that he was entitled to make application for reserved seat only in the year 1993 because of the resolution passed by the Government of Rajasthan dated 27-8-1993 by which Mali community was declared as a backward community is not sustainable, the reason being admittedly Mali community is a backward community as per the rules and regulations in the State of Maharashtra since the year 1960. Therefore, if the petitioner would have furnished the certificate to the effect that he belonged to the Mali community which is reserved community in the State of Maharashtra, he would have definitely secured admission in the reserved category and the fact that the aforesaid community was not treated as reserved community in the State of Rajasthan is really of no consequence. In view of this, in our opinion, the respondents were justified in treating the application of the present petitioner in general open category and not in reserved category. 5. Shri Surana, learned Counsel for the petitioners, further contended that recently in the State of Maharashtra the reserved category seats are increased from 34% to 50% and in fact since according to him, there are no candidates from scheduled castes, scheduled tribes, the said seats will go to backward class and at least from this point of view the petitioners application for reserved seat for backward class can be considered. In our opinion, this argument is also not sustainable, because if, as per the rules of the respondents admission to post-grduaate course is not available to a candidate who has not secured admission in reserved category for M.B.B.S. course but in general category, then merely because certain seats are available, will be no ground to consider the petitioners claim to the reserved category. 6. In view of this, there is no substance in this writ petition and hence the same is dismissed. Rule discharged. No order as to costs. Petition dismissed. *****