( 1 ) THE constitutional validity of Rule 3 (2) of the A. P. Medical Colleges (Admission into Post-graduate Medical Courses) Rules, 1997 ( for brevity the Rules ) insofar as the same does not consider the petitioners as "in service" candidates for the purpose of admission into Post Graduate Medical Courses and insofar as the same prescribes six years continuous regular service in specified Government service, is the subject -matter of these writ petitions.

( 2 ) IN most of writ petitions, the amendment issued to the Rules in G. O. Ms. No. 279, dated 9-7-2001, denying the benefit of reservation as "in service" candidates to these who had already acquired PG degree/diploma qualification prior to or after their entry into service, is challenged. In a couple of cases, G. O. Ms. No. 260, dated 10-7-1997, whereunder the Rules were made, as indicated hereinabove, is challenged. The grounds of challenge in both the groups of writ petitions are the same, and therefore, they are disposed of by this common judgment.

( 3 ) BACKGROUND OF THE FACTS : For the sake of convenience, we may state the necessary facts in WP No. 18260 of 2001, in which G. O. Ms. No. 279, dated 9-7-2001, is challenged. Likewise, the pleadings of the petitioners in WP No. 28215 of 1998 may be noticed insofar as the challenge to Rule 3 (2) of the Rules, is concerned. We may also notice that except in WP No. 19780 of 2001, the facts in all other writ petitions are the same. WA No. 1696 of 2001 arises out of an interlocutory order passed in WPMP No. 26599 and WVMP No. 2875 of 2001 in WP No. 21100 of 2001. When this writ appeal was listed before the Division Bench, it was directed to list all the connected writ petitions along with the writ appeal. That is how all the writ petitions are before this Bench.

( 4 ) IN WP No. 28215 of 1998, the petitioner is a medical practitioner in Sri Krishnadevaraya University. He is MBBS graduate and was appointed as such on 20-12-1990. When the relevant notification was issued by the University of Health Sciences ( or short the UHS ), he had put in eight years of service. It is his case that there are 13 Universities is the State, including the Regional Engineering College, Warangal, where the University Health Centres exist to cater the medical needs of the students and staff of the University. All the Medical Officers are registered with the Medical Council of the State. The petitioner appeared for entrance test on 13-8-1998. In the said test he obtained a rank of 381, in Sri Venkateswara University local area. However, as he did not belong to any of the services mentioned in the Explanation to Rule 3 (2) of the Rules, his case was not being considered for admission to the seats reserved for "in service" candidates. He also states that the Executive Council of the UHS recognised the service of the University Heath Centre as equivalent to A. P. Medical and Heath Services, and that all the University Medical Officers have parity in status, scales of pay and other service conditions, and they cannot be discriminated with the doctors in Government Medical Service. He also contends that non-inclusion of the doctors working in University Medical Centres from Government "in service" doctors, violates Articles 14 and 16 of the Constitution of India.

( 5 ) IN WP No. 18260 of 2001, there are 12 petitioners. All of them are graduates in MBBS and they also obtained postgraduate qualifications. They were appointed as Civil Assistant Surgeons in A. P. Medical and Heath Service. They state that they are eligible to claim the benefit of reservation as "in service" candidates for admission into PG degree/diploma courses. By reason of G. O. Ms. No. 279, dated 9-7-2001, an amendment was made to the rules promulgated in G. O. Ms. No. 260, dated 10-7-1997. By reason of the said amendment, "in service" candidates who acquired PG degrees/diplomas either before or after entry into Government service are not to be considered for selection