JUDGMENT

T.S. THAKUR, J.

1. Leave granted.

2. These appeals arise out of a judgment and order dated 30th March 2011 passed by the High Court of Kerala at Ernakulam in Writ Petitions No.1014 of 2009 and 2610 of 2010 filed by the respondents whereby the High Court has allowed the said petitions with the direction that selection of in-service medical officers for post-graduate medical education under Section 5(4) of the Kerala Medical Officers’ Admission to Postgraduate Courses under Service Quota Act, 2008 (Kerala Act 29 of 2008), shall be made strictly on the basis of inter se seniority of the candidates who have taken the common entrance test for post-graduate medical education and have obtained the minimum eligibility bench mark in that test in terms of the Regulations framed by the Medical Council of India.

3. Forty percent of the seats available in the State of Kerala for post-graduate medical admission are reserved for in-service doctors serving in the Health Service Department, Medical College lecturers and doctors serving in the Employees State Insurance Department of the State. As per the practice prevalent before the enactment of the impugned legislation admissions against s