JUDGMENT : A. Pasayat, J. - Petitioner, a doctor having Post-Graduate qualification in medicine in the faculty of pharmacology has assailed the restriction contained in the prospectus for selection of Resident House Staff Assignment (in short 'RHS'), Post-Graduate (in short 'PC') Courses and Higher Specialities in the three Government Medical Colleges of Orissa for 1990-91, keeping out those who have completed M. S/M. S. courses or are undergoing M. D,/M, S. courses after RHS in a particular subject in any of the medical institutions from applying for M.D /M. S. courses in any other subject. This restriction is subject to the exception that those candidates Who "have rendered five years or more of service under the Government of Orissa as Junior Teachers in the concerned discipline and are serving as -such at the time of application are eligible to be considered. According to the petitioner the provision as contained is illegal, arbitrary and violative of Article 14 of the Constitution of India. 2. The petitioner calls in question the wisdom of such a provision The State of Orissa, some, of its functionaries and the selection committee constituted for the purpose of selection, have tried to justify the exclusion on the ground that a student who has already completed M. D, or M. S course deprives another intending candidate, Government spends a good amount of money per month as stipend on an inservice candidate who takes up P. G. course and if he is allowed to take out the course in another subject, additional expenditure is involved, the relaxation in case of certain candidates is justified as the indicated disciplines boiong to non-clinical faculty and keeping in view the shortage of teachers in non-clinical disciplines relaxation has been made to encourage more applicants from amongst the eligible categories. 3. In order to weigh the rival submissions, it is desirable to refer to the relevant paragraphs in the prospectus, viz, paragraphs 6. 5. 1 and 5.3.1 which read is follows : "6. Procedure for submission of application: .................................................. 6. 5. 1. Candidates who have completed M. D./M. S. course or are undergoing M. D./M. S, Course after RHS in a particular subject in any of the Medical Institutions shall hot be eligible to apply for M. D/M. S. course in any other subject. This will not apply to the candidates selected against seats reserved under para 5. 3. 1. " "5. Candidates who have completed M. D./M. S. course or are undergoing M. D./M. S, Course after RHS in a particular subject in any of the Medical Institutions shall hot be eligible to apply for M. D/M. S. course in any other subject. This will not apply to the candidates selected against seats reserved under para 5. 3. 1. " "5. Availability of seats and reservations : .................................................. 5. 3. 1. Out of the 67 seats for general candidates, one seat each in the discipline of Anatomy, Physiology, Biochemistry, P. M. T., Pharmacology, Pathology and S P. M. from the inservice quota is reserved for candidates who have rendered five years or more of service under the Government of Orissa as a Junior Teacher in the concerned discipline and serving as such at the time of application. Candidates claiming admission under this category can apply for only one subject, in which he/she is serving at the time of application." Considering the purpose for which the prospectus has been issued;, it has to be judged whether the reservation of certain seats for some, to- the Exclusion of other is justifiable when tested in the touchstone of reasonableness. Articles 14 and 15 imperate equal opportunity for all to attain excellence. They enshrine a guarantee of equal opportunity to unfold the full potential of concerned persons- potentialities. If an except Jon is- intended, it must have a vital nexus with the object sought to- be achieved.. Demands of competence should not be fettered by unreasonable restrictions. The argument that by permitting- an applicant who has all ready completed M. D./M. S. course would be keeping, cut another is hardly, of consequence. The restriction is unreasonable and amounts to banishment of aspiration of a student who wants to enlarge his- scope of knowledge and specialisation. Instances are many when Master Degree holders in one Subject have appeared and come out successful in other subjects. Encouragement should be given to persons, particularly Doctors who intend to have- qualifications in many subjects and faculties and excluding from the are of consideration on the ground that they have already acquired M. D./M. S. qualification does not stand to reason. If really the intention is to have- more number of qualified persons in non-clinical subjects, there is no reason for excluding a student like the petitioner who has already acquired M. D./M. S qualification. If really the intention is to have- more number of qualified persons in non-clinical subjects, there is no reason for excluding a student like the petitioner who has already acquired M. D./M. S qualification. As observed by the Supreme Court in Dr. Jagadish Saran and Others Vs. Union of India (UOI) anyone anywhere, humble or high, agrestic or urban, man or woman, and whatever his religion or irreligion, should be afforded equal" chance for admission to any secular educational course or schoof for cultural* growth, training facility, speciality or employment, and each according to his ability, is of prvasive validity, and it is a latent, though radical,' fundamental that, given poopitous environment talent is more or less evenlv distributed and everyone has a, prospect of rising, to the peak. Denial of opportunity as done in the instant case does not appeal to our judicial conscience, and as observed in Dr. Jagdish Saran's case (supra) equality and steps towards equalisation are not idle incantation but actuality, not more ideal to real life. We feel that acting within the constitutional parameters, the exception as done cannot be held to be reasonable and therefore, Is liable to be nullified. We declare that paragraphs. 5. 1 of the prospectus for the year 1990-91 is illegal to the extent it excludes candidates who have completed M. D./M. S. courses, or are undergoing M D/M. S. courses after RHS in any particular subject in any of the medical colleges of the Government of Orissa, from the zone of eligibility to apply for M. D./M. S. courses in any other subject. While admitting the case on 1-G-19X), it was directed by this Court that the petitioner shall be afforded an opportunity to appear at a fresh examination, as far as practicable under similar condition as prevailed for those who. took the examination on 3-6-1990, conforming to almost similar standard of examination, by the same examiners. The writ application is accordingly allowed, but in the circumstances without any order a to costs. R.C. Patnaik, J. 5. I agree. Final Result : Allowed