Judgment Adarsh Kumar Goel, J. 1. This petition seeks a direction that the reserve category candidates who have secured ranks higher to the general merit candidates are required to be considered against the general seats. 2. Case of the petitioner is that she passed MBBS from Baba Farid University of Health Sciences and completed her internship before 31.3.2007. She applied for admission to MD/MS as per prospectus for the PG Entrance Test/PGET-2007. 3. As per notification dated 21.3.2007, general category candidates were required to secure minimum 50% marks, while reserve category candidates were required to secure 40% marks. On 30.4.2007, result was declared and respondent Nos. 3 to 11 who belonged to the SC category, secured higher merit position than the last candidate admitted in the general category but they were allocated seats meant for reserve category. If the said candidates were adjusted against general category seats, the petitioner had a chance for admission. 4. In the reply filed, the stand taken is that the service category candidates could not be considered for, open seats on account of difference in marks prescribed for passing the. Entrance test. 5. We have considered the rival submissions and perused the record. 6. As per condition in the prospectus, Annexure P.1, it has been laid down that reserve category candidates are eligible for open seats also. The relevant extract is as under : "18. Candidates securing at least 50% marks in the Common Entrance test-PGET 2007 shall be eligible for admission. However, for SC/BC candidates, the minimum eligibility marks for admission to reserved seats for the concerned category, shall be 40% instead of 50% in PGET-2007. 19. There shall be separate merit list for in service 60% quota candidates for Medical/Dental Colleges and a separate merit list for those who are not covered under the category of in-service candidates. The merit list for open and reserve candidates shall be combined and reserve candidates will be eligible for open seats also, as per their merit; eligibility and option as the case may be." 7. Moreover, the law on the point is well-settled. In M. Nagaraj v. Union of India, 2006(8) SCC 212, it was observed by the Honble Supreme Court : "60. In Indra Sawhney v. Union of India, 1992 Supp. (3) SCC 217 , Jeevan Reddy, J. noted that reservation under Article 16(4) does not operate on communal ground. Moreover, the law on the point is well-settled. In M. Nagaraj v. Union of India, 2006(8) SCC 212, it was observed by the Honble Supreme Court : "60. In Indra Sawhney v. Union of India, 1992 Supp. (3) SCC 217 , Jeevan Reddy, J. noted that reservation under Article 16(4) does not operate on communal ground. Therefore, if a member from reserved category gets selected in general category, his selection will not be counted against the quota limit provided to his class. Similarly, in R.K. Sabharwal v. State of Punjab, (1995)2 SCC 745, the Supreme Court held that while general category candidates are not entitled to fill the reserved posts, reserved category candidates are entitled to compete for the general category posts. The fact that considerable number of members of Backward Class have been appointed/promoted against general seats in the State services may be a relevant factor for the State Government to review the question of continuing reservation for the said class." The above observations fully apply to the present case and mere prescription of lower percentage of qualifying marks in the Entrance test does not change the legal position that if SC category candidate secures higher marks than a general category candidate, he is entitled to be considered against the general category seat. Even the prospectus provides for the same. 8 Accordingly, we allow this petition and direct respondent Nos. 1 and 2 to take a fresh decision in the matter after notifying to the concerned candidates in accordance with law.