JUDGMENT Anoop V. Mohta, J. 1. Rule, returnable forthwith. Heard finally by consent of parties. 2. The Petitioner, who belongs to open category, but falls within the ambit of "Freedom Fighter category" as contemplated in Clause 9 -Reservation of Seats, Clause 9.3 -Other Reservations (Horizontal Reservations), sub -clause (B) Freedom Fighter (FF) 2%- 30% shall be reserved for female candidates, of Maharashtra Animal and Fishery Sciences University, Nagpur, Prospectus for B.V.Sc and A.H. 2014 -15. (for short, "Prospectus" ). 3. Admittedly, a female candidate for the said category is not available. The Petitioner is otherwise eligible for consideration under this category. There is no issue in this regard. 4. Respondent No.1, through an affidavit referring to various steps which need to be followed as prescribed in Clause 8 of Prospectus, being admission procedure, read and referred to following steps. The relevant steps/procedure is as under : "xviii) The seats remaining vacant after first round of State as well as Regional quota admission will be filled in during the second round as per the following stepwise procedure - Step I - Filling of vacant seats separately in reserve and unreserved category as per vacancy position. Step II - Filling of vacant female seats in reserve and unreserved category separately as per vacancy position irrespective of horizontal reservations as mentioned at 9.3. Step III - Conversion of female sets to male seats separately (if the female candidate of particular category are not available) in Reserve / unreserved category along with original horizontal reservation." 5. After hearing both the parties, we are inclined to observe, in the present facts and circumstances of the case, as there is no issue with regard to 30% female seats, being filled in, in reservation of seats category 9.2. There is no issue with regard to other reservation categories even for female candidates. We are concerned with 9.3 (B) Freedom Fighter category, which, according to the Respondent, is allotted to female candidate as mentioned in Annexure II. In the present case, as female candidate is not available belonging to the said category and as the Petitioner though falls within that category, but for the specific reservation as per Annexure II, cannot be the reason to deny his entitlement. In the present case, as female candidate is not available belonging to the said category and as the Petitioner though falls within that category, but for the specific reservation as per Annexure II, cannot be the reason to deny his entitlement. Respondents are under obligation to take care of all seats belonging to particular category to be duly filled in, as per the prescribed percentage, apart from 30% for female candidates as announced from time to time. So far as the other reservation (horizontal reservation) category, the Respondents are also under obligation to see that the candidates, whether female and/or male, if available, the seats belonging to that category need to be respected first, there is no question of jumping to other categories without filling the vacant seats of the category in question. We see no justification except the averments so made in the affidavit filed by the Respondents which, in our view, will be in breach of the reservation of seats categories and specifically clause 9.3 (B) Freedom Fighter, as the Petitioner being otherwise eligible for the said category, cannot be denied the admission/seat on a foundation that the seat in question is reserved for female category. Importance, in our view, need to be given to the category in question first. The male and/or female candidates, if available, subject to percentage so prescribed need to be admitted. In the present case, though seat is reserved for female category candidate, but as not available, the Petitioner, who, as recorded earlier, is otherwise eligible and falls within the ambit of "Freedom Fighter category". There is no reason to deny the seat to the Petitioner as that will fulfill the object and purpose of having other reservation categories along with the reservation of seats as prescribed in the Rules, specifically when there is no issue that 30% female candidates have already been provided seats in other reservation. 6. The learned counsel appearing for the Petitioner also pointed out Government Resolution dated 11 June, 2013 which also contemplated that the seats belonging to particular category need to be filled in first. The plain reading of the Rules, Prospectus so read and relied by the counsel appearing for the parties and in view of the plain reading of those Rules including the reservation of seats so prescribed, we are inclined to observe that the Petitioner is entitled for the seat in question. 7. The plain reading of the Rules, Prospectus so read and relied by the counsel appearing for the parties and in view of the plain reading of those Rules including the reservation of seats so prescribed, we are inclined to observe that the Petitioner is entitled for the seat in question. 7. Therefore, taking overall view of the matter, we are inclined to allow the present Petition in terms of prayers (a), (b) and (c), which is reproduced as under, and direct the Respondents to consider the Petitioner's claim in accordance with law. "(a) call for the relevant records and proceeding from the office of the Respondent authorities and after going into the legality of the same, hold and declare that the seat earmarked for female candidate under Freedom Fighter category is required to be diverted and/or filled in first by male candidate coming under Freedom Fighter category and only thereafter the vacancy should be filled in by open merit category student and for that purpose issue appropriate writ and/or order. (b) hold and declare that though the Petitioner was eligible and entitled for allocation of B.V.Sc and A. H course seat at Mumbai Veterinary College under Freedom Fighter category, he was denied the said right. (c) direct the Respondents/Authorities to forthwith allocate one vacant B.V.Sc. and A. H. Course seat at Mumbai Veterinary College to the Petitioner." 8. Rule is made absolute accordingly. 9. There shall be no order as to costs. Parties to act on the basis of an authenticated copy of this order.