JUDGMENT 1. 1. This writ petition relates to the admission to the post-graduate course for the M.D. Degree. The petitioner having completed the study of MBBS Degree, completed the internship of one year in October 1983. There were certain mid-term vacancies on the post of 1st Year Resident House Officers and notice (Annx. 1) dated 10th December, 1987, was issued inviting applications for selection for appointment on those vacancies. The petitioner submitted his application and by order (Anna. 2) dated 27th January, 1988, the petitioner was selected for the post of Resident House Officer (1st Year) in the speciality of Gynaecology and Obstetrics. The petitioner joined as Resident House Officer (1st Year) in the said speciality. By notice dated 15th March, 1987, applications were invited for regular selection for admission to Post-graduate Course in MD/MS. The petitioner applied in pursuance of the said notice and he indicated his first preference for the speciality in General Medicine. The petitioner was not selected and, thereupon he has filed this writ petition. 2. In the writ petition, the case of the petitioner is that persons less meritorious than him have been selected for the speciality in General Medicine and the petitioner has been denied admission to the said speciality arbitrarily. 3. A notice was issued to the respondents requiring them to show cause why the writ petition be not admitted and in response to the said notice a reply has been filed, on behalf of the respondents No. 1 and 2. The petitioner has also filed a rejoinder to the said reply. 4. We have heard the learned counsel for the petitioner and the learned Addl. Government Advocate. 5. We find that in the notice (Annx. 3) dated 15th March, 1983, there is an Instructions-note. The instructions contained in the said instructions-note were required to be complied with by the candidate. Para 10 of the said instructions-note is relevant and it reads as under : "In case the candidate resigns from the speciality allotted to him/her in earlier selection and applies afresh acquiring the eligibility for admission in other speciality he/she will have to refund the whole amount paid to him/her by way of stipend and have to produce the following documents, failing which the application shall not be entertained : (a) cancellation of acceptance of registration from the Head of the Institution. (b) certificate of acceptance of registration from the Head of the Institution." 6. The learned Addl. Government Advocate has submitted that the petitioner did not comply with the aforesaid conditions prescribed in para 10 of the Instructions-note inasmuch as be did not resign from the speciality of Gyneocology and Obstetrics for which he was selected by order dated 27th January, 1988. and he did not also refund the whole amount paid to him by way of stipend after his appointment and selection as Resident House Officer (1st Year) in the said speciality and further that the petitioner did not get the acceptance of his registration in the speciality of Gyneocology and Obstetrics cancelled from the Head of the Institution. It has been submitted on behalf of the respondent that since the petitioner failed to comply with these conditions, he was not eligible for consideration for the speciality in General Medicine. Shri Prahlad Singh the learned counsel for the petitioner has urged that the aforesaid conditions contained in para 10 of the Instructions- note are not applicable to the case of the petitioner and the said conditions are only applicable to the candidates who have been selected in regular selection and that the selection of the petitioner under order dated 27th January, 1988 was not a regular selection, but was a mid-term selection. We find no force it, the aforesaid contortion of the learned counsel for the petitioner. Para 10 of the Instructions- note uses the words "earlier selection". There is nothing in the said clause to show that the earlier selection should be a regular selection. We are unable to appreciate why the words "earlier selection" would not include selection for filling a mid-term vacancy. In the present case, order dated 27th January, 1988 shows that the petitioner had been selected by a Selection Committee. We are, therefore, of the view that the petitioner was required to comply with the conditions laid down in Para 10 of the Instructions-note and since the said conditions were admittedly, not fulfilled by the petitioner, he could not be considered to be eligible for selection for the speciality in General Medicine on the basis of notice dated 15th March, 1988. 7. We, therefore, find no merit in this writ petition and the same is accordingly dismissed.Petition Dismissed. *******