DESHPANDE, C.J.:- The petitioner and respondent No. 4 had applied for admission to Post-Graduation Course in Medicine. The choice of the both fell on "Paediatrics" as their subject, though the petitioner in the alternative had applied for studies in "General Medicine" and "Diploma in Child Health". For the year under dispute, only two seats were available for "Paediatrics" one being earmarked for "open merit", and the other being reserved for Scheduled Caste student Respondent No. 4 belonged to "Other Backward Class", for whom no seat in Paediatrics was reserved. But the relevant rule contemplates allotment of unfilled seat of Scheduled Caste to a student belonging to any group of Backward Class up to the maximum percentage fixed thereunder for the said group. Such rules for admission to the Post-Graduation courses are framed

under the Government Resolution dated 18th June 1971. Only students admitted to M.B.B.S. course through reserved seats could claim admission to Post-Graduation course from the reserved seats under these Rules. Admittedly, respondent No. 4 was not so admitted to the M.B.B.S. course. Respondent No. 4 being a Christian, could not have been admitted to any