JUDGMENT 1. - This appeal is directed against the judgment/order dated 8.8.94, passed by the learned Single Judge, by which the learned Single Judge dismissed the writ petition filed by the petitioner-appellant. 2. The judgment passed by the learned Single Judge has been challenged by the learned counsel for the appellant on the ground that the point was taken by the learned counsel for the appellant in the writ petition that by not reserving the seats for Other Backward Class (O.B.C.) for admission in R.N.R.C.Course, a discrimination has been practised against the persons similarly situated but this aspect of the case escaped the consideration of the learned Single Judge. 3. From the judgment passed by the learned Single Judge, it appears that this ground was never agitated before the learned Single Judge. If this point, though raised in the writ petition, has been waived by the learned counsel for the appellant- petitioner then he cannot be permitted to agitate this point by way of filing this appeal. If the ground taken by the learned counsel for the appellant-petitioner would have been agitated before the learned Single Judge and the learned Single Judge would not have decided it then the appellant-petitioner could have filed a review but the judgment, passed by the learned Single Judge, cannot be assailed on the ground which was not agitated before the learned Single Judge during the course of arguments. As the point raised by the-learned counsel for the appellant in the appeal was not agitated before the learned Single Judge and has been given-up and, therefore, the legality and validity of the judgment, passed by the learned Single Judge, cannot be questioned on this ground. 4. In this view of the matter, we do not find any merit in this special appeal and the same is hereby dismissed.Special appeal dismissed. *******