R. Kantha Rao, J.

This writ petition is filed to direct the 3rd respondent-Nizams Institute of Medical Sciences (NIMS), Hyderabad (respondent No.3) to pay the stipend to the petitioner for M.Ch. (Plastic Surgery) Super Speciality course from 01-8-2014 to 31-7-2017 as per Condition No.G(2) and to further declare that the condition The candidates those who are in service will not be paid stipend as illegal, arbitrary and violative of Article 21 of the Constitution of India.

2. The facts that led to filing the present writ petition are as follows:

(a) The petitioner completed M.B.B.S. course in the year 2007. He was appointed as a Civil Assistant Surgeon by the Government and was posted at Primary Health Centre, Nallacheruvu, Ananthapur district in the State of Andhra Pradesh. He was selected for the Post Graduate course M.S. (General Surgery) at Sri Venkateswara Medical College, Tirupathi as in-service candidate. The 2nd respondent relieved him from service and permitted him to prosecute the Post Graduate course.

(b) Subsequently, in 2014, the 3rd respondent issued notification inviting applications for Super Speciality courses. The 3rd respondent also issued a Prospectus at the t