1. The competent authority conducted examination for allocating seats in Regional Engineering Colleges located in the State and also outside the State. The dispute is with regard to the candidates who have been adjusted in the State of Jammu and Kashmir. 30 seats stand so allocated. It is not in dispute that 15 seats are meant for open category and remaining 15 seats are meant for reserved categories. It is also no.1 in dispute that the petitioner is a member of other social caste, and has obtained 115 marks. He submits that he should be given the discipline of his choice, and in doing so, the merit position should be taken note of. According to the petitioner, amongst 15 candidates meant for reserved categories, the merit of all the candidates should be taken note of and when streams or classes of disciplines are allocated, this should be done by treating the reserved category as a single unit. 2. The dispute in the present petition as indicated above is that in the matter of allocating the various disciplines or the streams, the streams have been allocated to different categories of scheduled caste by making separate groups. According to the respondents, this has been done with a view to arrive at one whole unit. This procedure is not discernible from the rules. It is stated that this is the practice being followed and is being adopted. It is further stated that certain categories are supposed to be there and these categories have been described as constitutional categories namely schedule caste and schedule tribe. 3. The grievance of the petitioner is that he should be allocated a stream of his choice and in doing so, the number of marks he has obtained should be recognized. The respondents submit that if this is done, then certain categories would be left out. It be seen that the respondents have not formulated any rule and regulations on this point; therefore, until the issue is settled by rules, they have to follow a procedure which is in line with the provisions of articles 14 and 16 of the constitution. This can be achieved only by allocating different streams to the 15 candidates belonging to reserved categories by giving preference of their choice and in doing so, whosoever has obtained higher marks should have preference over others. This can be achieved only by allocating different streams to the 15 candidates belonging to reserved categories by giving preference of their choice and in doing so, whosoever has obtained higher marks should have preference over others. This is the only way by which articles 14 and 16 of the constitution can be complied with. Any other procedure adopted, would lead to breach of articles 14 and 16 of the constitution of India. 4. Reference in this regard be made to a decision reported as Vimish Jain Vs. Union of India and Anr., AIR 1991 Punjab and Haryana 222. Admission to handicapped persons was given on the basis of degree of handicappedness. Merit was ignored. This was held to be not in accordance with law. It was observed that for candidates falling in one category then their academic qualification is to be seen. Relevant observations are being reproduced below: - I am of the considered view that when the reservation is for a particular category, their inter se merit cannot be ignored on the quantum of handicapped ness as they constitute one class. A candidate like the petitioner, who possessed higher merit, k: should have been picked up for admission on the basis of academic merit. In the absence of any criterion for admission, it is only the merit alone which should be weighed for admission for professional classes. In Dr. Pradeep Jain V. Union of India, (1984) 3 SCC 654 : (AIR 1984 SC 1420), the Supreme Court held that the effort must, therefore, always be to select the best and most meritorious students for admission to technical institutions and medical colleges by providing equal opportunity to all citizens in the country. It was further held by their Lordships that the primary consideration in selection of candidates for admission to the medical colleges must, therefore, be merit. The object of any rules which may be made for regulating admission to the medical colleges must be secure the best and most meritorious students. In Khalid Hussain (minor) V Commissioner and Secretary to Government of Tamil Nadu, Health Deptt. Madras, (1987) 4 Serve LR 598: (AIR 1987 SC 2074), it was held by a bench of the Supreme Court that proper approach to determine which of the candidates in one particular category should be given a preference in the selection, must, therefore necessarily depend only on their academic merit. Madras, (1987) 4 Serve LR 598: (AIR 1987 SC 2074), it was held by a bench of the Supreme Court that proper approach to determine which of the candidates in one particular category should be given a preference in the selection, must, therefore necessarily depend only on their academic merit. The Division Bench of this Court in Ranbir Singh V. Thapar Institute of Engineering and Technology, AIR 1988 Punj and Har 51, held that Sport men having Higher Grade Certificates could not be preferred to those who are having lower grade certificates notwithstanding that they are lower in merit.� 5. Therefore, for candidates in one category what is ultimately required to be seen is their inter se merit. This has not happened in this case. 6. This petition is, accordingly, disposed of with a direction to the respondents to consider the merit position of the petitioner, who falls amongst 15 candidates in the reserved categories, and thereafter, offer him the stream of his choice, as per his preference. Let this exercise be completed within a period of 15 days from the date a copy of this order is made available by the petitioner to the respondents. Disposed of accordingly.