1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 988 of 09 Mirzza Baig v. The State and ors ------------------------------------------------------------------------------------------------------------- - Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr S. Raisuddin, Adv for petitioner. Ms Indira Bodade, AGP for respdts 1 to 4 Coram : D.D. Sinha and A.P. Bhangale, JJ Dated : 12th March 2009 1. Heard Mr Raisuddin, learned counsel for the petitioner and Ms Indira Bodade, learned AGP for respondents no.1 to 4. 2. Present writ petition is directed against the order dated 22nd September 2008 passed by the Maharashtra Administrative Tribunal whereby Original Application of the petitioner came to be rejected. 3. Contention canvassed by learned counsel for the petitioner is misconceived in view of the law laid down by the Apex Court. It is well-settled that even if the candidate belongs reserve category, but if he has secured higher marks than the 2 candidates who applied from open category, in such situation, the candidate is required to be given placement in open category so as to give more job opportunities to the candidates belonging to reserved category. Conclusions arrived at by the Tribunal are sustainable in law. No case is made out for showing indulgence. Hence, writ petition is dismissed. Judge. Judge. hsj