JUDGMENT : R.C. Patnaik, J. - This is the story of candidate whose mother tongue is Oriya and is born of parents whose mother tongue is also Oriya, yet his case was refused consideration for admission to the M. B. B. S: Course 1987-88 because he has not passed a test in Oriya equivalent to middle standard. This has come about by reason of a requirement in the prospectus prescribing that if a candidate claims to be a permanent resident of Orissa, he should not only be able to read and write Oriya but would also have passed a test in Oriya equivalent to middle standard. 2. The father of the Petitioner was a defence service personnel and spent a major part of his career till his retirement in 1987 outside Orissa. Perhaps, the Petitioner prosecuted his study in English medium and has no occasion to study Oriya as a part of the curriculum. He, however, has asserted that though he did not study Oriya in any institution, he acquired proficiency in the language privately learning from his parents and through coaching by private tutors. But of course, he did not possess a certificate from any educational institution. He was a candidate for the selection for M. B. B. SIB. D. S. Course 1987-88. He took the test, even the test in Oriya language. He did not find his name when the results were published. He had done well so he enquired. He learnt that despite better performance than many others who had been selected for admission he was kept out of consideration as he had not submitted a certificate from any institution showing that be bad passed a test in Oriya equivalent to middle standard. It has been averred that the requirement is irrational, arbitrary and has no nexus with the object. It was open to the Government to prescribe such qualification for recruitment to Government service but the logic and justification for prescribing a test in Oriya as a condition proceeding to admission to educational course were questionable, and the Petitioner has invoked the extra-ordinary jurisdiction of this Court to call upon the opposite parties to produce the documents relating to ?his examination and to issue a mandamus directing the parties to admit him to M. B. B S. Course. 3. 3. At the stage of admission this Court directed that if there was any seat vacant in the first year course of M. B. B. S. in any of the medical colleges of Orissa, one seat thereof should not be filled up so that if the Petitioner succeeded in the? with application, he would have no difficulty in securing admission. A counter affidavit was filed to the effect that the statement before this Court was erroneous. There was, in fact, no vacancy. A rejoinder has been filed by the Petitioner stating that one Mahua Bose bearing Roll No. 24 after getting herself admitted to the M. B. B. S. course sought transfer and secured transfer certificate on 9-2-1988 for studying elsewhere and got herself admitted to the + 3 Science course in Ravenshaw College and the said seat, therefore, is still lying vacant. Though rule was issued no counter was filed. It was contended by the learned Government Advocate that the case of the Petitioner was not taken into consideration by reason of Paragraph 4. 3. 1 read with paragraph 6.8 of the Prospectus. Para 4, 3. 1 reads thus: 4. 3. 1. Permanent Resident of Orissa-Candidates under this category must fulfil the requirements of permanent residentship in Orissa as defined in Government of Orissa, Home Department Resolution No, 38 Reforms, dated the 18th January, 1949. Such candidates shall have to submit certificate of permanent residentship of Orissa from the Tahasildar S.D.O. (Revenue) concerned of the area at the time of admission, if selected. In no case, a candidate will be admitted without submission of this document. Paragraph 6. 8, reads as under: 6. 8. In case of candidates claiming to be permanent residents of Orissa under Para 4.3. 1. a certificate and declaration in the form prescribed (Appendix 3) (A and B) and Declaration Form II). 4. Inasmuch .as the Petitioner did not furnish a certificate to the effect that he had passed a test in Oriya equivalent to middle standard, he was not eligible for consideration. 5. Mr. P. K. Padhi, the learned Counsel for the Petitioner, has urged the case against a very wide canvas, namely, prescription of language test was unconstitutional. Having regard to the object sought to be achieved, the language test has no nexus. After the decision of this Court in Kumari Amisha Nagpaul and Ors. v. State of Orissa and Ors. 5. Mr. P. K. Padhi, the learned Counsel for the Petitioner, has urged the case against a very wide canvas, namely, prescription of language test was unconstitutional. Having regard to the object sought to be achieved, the language test has no nexus. After the decision of this Court in Kumari Amisha Nagpaul and Ors. v. State of Orissa and Ors. !, paragraph 6. 8 of the prospectus prescribing submission of certificate in proof of passing a test in Oriya equivalent to Middle Standard is contrary to law. It is urged that especially when the Government had modified the earlier policy of requiring a certificate at the initial stage by prescribing the passing of the test after recruitment, prescription of furnishing certificate in proof of having passed the test in Oriya for admission to educational course was unjust and unsustainable. He has further urged that the prescription of producing the certificate from an educational institution that the candidate passed a test in Oriya equivalent to middle standard in respect of permanent residents of Orissa under category 4. 3. 1 and exempting persons similarly circumstanced from the same requirement was discriminatory. 6. Though these contentions were raised in course of hearing, the application of the Petitioner is a simple one for declaring his results and admitting him to the course. The contentions have been necessitated on account of the plea raised by the Government Advocate in course of hearing too. 7. It is unnecessary for us to decide in this case if the requirement that? a candidate should file a certificate in proof of his having passed a test in Oriya equivalent to Middle Standard is ultra vires. Having regard to the decision of this Court in Amisha Nagpaul?s case 66 (l988) C.L.T. 24 (Supra) we propose to dispose of this writ application in a short point. It has been rightly urged by the counsel for the Petitioner that different categories of candidates circumstanced as the Petitioner, are not required to submit the certificate as required by paragraph 6.8. He has drawn attention of the Court to para 4. 3. 2 -sons and daughters of the employees of the Government of Orissa/Members of All-India Services (Orissa Cadre) serving within and outside Orissa, (2), 4.3.3. sons and daughters of the employees of Universities of Orissa serving in Orissa/Government of Orissa Undertaking serving in Orissa at the time of application and paragraph 4. 4. 3. 2 -sons and daughters of the employees of the Government of Orissa/Members of All-India Services (Orissa Cadre) serving within and outside Orissa, (2), 4.3.3. sons and daughters of the employees of Universities of Orissa serving in Orissa/Government of Orissa Undertaking serving in Orissa at the time of application and paragraph 4. 4. 1 candidates belonging to S.C. and S. T., children of Armed Forces personnel/children of Green Card holders. If the candidate comes under any of the categories aforesaid, para 6. 8 is not applicable. Therefore, he is not required to submit a certificate that he .had passed attest in Oriya equivalent to middle standard. A child of green card holder who studied in English medium and was not able to speak or read Oriya did not suffer from the disqualification nor did a member of Scheduled Caste or Scheduled Tribe suffering the aforesaid disability was ineligible. We are, therefore, of the view that requiring the candidates belonging to paragraph 4. 3. 1 to submit the certificate while not requiring persons belonging to the other categories is patently discriminatory and unreasonable. There can be no logic as to why the son of an employee of the university of Orissa who is not able to read and write Oriya should be held to be eligible whereas the son of Oriya parents who is - able to read and write Oriya would he held to be ineligible.? Why has not the certificate been prescribed in regard to so many other categories, as aforesaid, while the same has been prescribed in respect of others not belonging to those categories. The counsel for the State could not indicate the intelligible differentia underlying the classification. Since no justification could be advanced for the distinction; it is patently discriminatory and we so hold, So on this ground, the prescription under para 6. 8 requiring the candidate under paragraph 4. 3. 1 to file certificate that he had passed a test in Oriya equivalent to middle standard is ultra vires. Therefore, the Petitioner could not have been left out of consideration on that score. 8 requiring the candidate under paragraph 4. 3. 1 to file certificate that he had passed a test in Oriya equivalent to middle standard is ultra vires. Therefore, the Petitioner could not have been left out of consideration on that score. The appropriate direction in the circumstances would be to direct the opposite parties to consider the case of the Petitioner if according to his performance at the entrace examination he was entitled to be admitted, that is to say if persons securing lesser marks than he have been admitted, he deserves admission to the course. We have indicated above that the Petitioner has asserted that there is a vacancy in M.K.C.G. Medical College, Berhampur. If that be so, he should be admitted to the said seat. If no seat is available, having regard to the special facts and circumstances, he should be admitted by increasing one seat. As the career of a student is involved, we hope that the university authorities will lend a helping hand to further the future of a candidate. 8. With these observations and directions, the writ application is disposed of. Let a mandamus issue. No costs. V. Gopalaswamy, J. 9. I agree.