T.S. Doabia, J.Petition admitted. With the consent of the parties taken up today for final disposal.

2. The circumstances under which this petition has come to be filed in this Court, be noticed.

3. The three petitioners were keen to improve their educational qualifications. An opportunity came in their way when an advertisement notice was issued by the respondent-authorities. This happened on 16-6-1997. They submitted their applications. Petitioner No. 1 wanted to join MD in the discipline of Paediatrics. Petitioner No. 2 wanted to attain proficiency in MD in Medicine. So far as petitioner No. 3 is concerned, the application was submitted for M.D. Course in the discipline of Gynaecology and Obstetrics.

Petitioner No. 1 gave his preference, as under:

(i) MD Paediatrics;

(ii) MD Medicine;

(iii) MD Anaesthesia;

Petitioner No. 2 gave his preference, as under:

(i) MS Gynae and Obstetrics;

(ii) MD Anaesthesia;

(iii) MS Opthalmology.

So far as petitioner No. 3 is concerned, the choice given by her is, as under : (i) MS Gyane and Obstetrics; (ii) MD Paediatrics; (iii) MS Opthatrnplogy.

4. Their applications were scrutinized by the competent authority. They were not granted ad- mission in post graduate course but were allowed to join the diploma courses (Petitioner No. 1 in Child Health and petitioners Nos. 2 and 3 in Anaesthesia). The further fact is that some vacancies arose. This was on account of the fact that some candidates did not join the disciplines offered to them. These vacancies were notified. A notification was issued on 5-8-1997. A choice was given to the candidates who had earlier offered themselves to apply for change of the discipline. The petitioners felt that they would not come high in the merit. They did not apply. Laterpn, another notification came to be issued. This was issued on 17-2-1998. For facility of" reference, the operative portion thereof is being reproduced below:

"The candidates who applied for reshuffle in their allotted branches vide this Authority Notification No. 32/MD/MS/95/CAEE of 1997 dated 5-8-1997 but could not get the stream in order of preference filled in by them in their application form submitted in pursuance of Notification No. 18/CAEE/MD/MS/Dip/95 dated 23-9-1995 can apply afresh for the courses mentioned below which have been reported as shortfall vacancies by the principles of Government Medical College, Srinagar/Jammu."

5. A perusal of the above indicates that only those candidates were allowed to take benefit of notification dated 17-2-98, who had filed their applications when vacancies arose and which were offered on 5-8-1997. It is this restriction imposed in the Notification dated 17-2-1998, which is being challenged in this Court. It is stated that imposition of this condition is arbitrary. It has no nexus with the object sought to be achieved. It is submitted that when vacancies have now become available, then all those candidates who are eligible and who can get admission these discipline should be given a chance to compete.

6. The respondents have filed objections.

7. The stand taken by them is that the vacancies which have arisen were originally notified on 16-6-1997, therefore, these would continue to be governed by the terms and conditions which were indicated in Notification issued on 16-6-1997. It is further submitted that Notification dated 5-8-1997 was issued in furtherance of the Notification issued on 16-6-97. It is, accordingly suggested that the vacancies which have no arisen and which were sought to be filled on 16-6-97 are sought to be filled in terms of the earlier two Notifications. What is sought to be argued is that when a candidate had not earlier applied then he ceases to have any fresh right to file his application.

8. I am of the opinion that the placing of restriction and restricting the choice of selection those candidates who had applied on 5-8-97 was no nexus with the object sought to be achieved. One of the object behind the issuance of Notifi cation is to see that best of the candidates are given admission in the higher disciplines. By adopting the criteria in the Notification dated 17- 2-1998, this object would be completely de feated. Not only this, the vacancies which have arisen in the present year should be available for being availed by all those persons who are eligi ble. Everybody should be permitted to compete. As the spirit of competition would be missing if choice is restricted, the petitioner appear to be right in their submission that this restriction is not in accordance with the spirit behind Articles 14 and 16 of the Constitution of India. This petition is accordingly, allowed.

9. It be seen that a submission has been made at the Bar that till today, vacancies have not been filled. As such, no vested right has accrued in favour of any third party. The respondent-authorities would take notice of this aspect of the matter and fill the vacancies by considering the claims of all those candidates who have applied for the same. In case, some decision has been taken by the competent authority, and this has been communicated to the successful candidates, then opportunity of hearing be afforded to those candidates also, before any change is made. Ordered accordingly.