1. The relief, sought for in these Writ Petitions, is to declare G.O.Ms. No. 21, Health, Medical and Family Welfare (C1) Department dated 20.03.2018, in so far as Rules 4 and 7 thereof are concerned, as illegal and arbitrary and contrary to the provisions of the A.P. Reorganization Act, 2014, to declare G.O.Ms. No. 22, Health, Medical and Family Welfare (C1) Department, dated 20.03.2018, in so far as 50% of the Post Graduate seats in Government Medical colleges have been earmarked to the All India quota, as arbitrary, illegal and contrary to Section 95 of the A.P. Reorganization Act, 2014 and to, consequently, set aside the G.Os. and direct the respondents to make admissions to MD/ MS/PG Degree/Diploma courses, 2018 in terms of G.O.Ms. No. 260 dated 10.07.1997 and G.O.Ms. No. 27 dated 10.04.2017.

2. The petitioners are all doctors who have either passed their MBBS course or their Post-graduate diploma course. They are employed by the State Government. In exercise of the powers conferred by Section 3 read with Section 15(1) of the A.P. Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act 1983 (hereinafter called the 1983 Act) and in super-session of the rules in force governing admission into post graduation courses, the Governor of Andhra Pradesh made the Andhra Pradesh Medical Colleges Admission into Post Graduate Medical Courses) Rules, 1997 (the 1997 Rules for short) which were notified in G.O.Ms. No. 260, Health, Medical and Family Welfare (E2), dated 10.07.1997. Rule 3 thereof related to reservations and, under sub-rule (2) thereof, 15% of the seats in clinical subjects i.e. in Medicine, Surgery, Obstetrics & Gynaecology Groups and 30% of the seats in non-clinical subjects in each group for Degree and Diploma courses separately, were reserved for in-service candidates in each category under the service quota. Candidates selected on merit, in the respective categories, were to be counted against the service quota; and the service rendered was to be calculated as per the date specified by the University of Health Sciences.

Explanation - 1 of Rule 3(2) of the 1997 Rules clarified that in-service candidates had to put in (a) two years of continuous regular tribal service, (b) three years of continuous regular rural service; or (c) six years of continuous regular service to be eligible to be considered under the in-service category.

Explanation - 2 defined Tribal Service, Rural Service and Continuous regular service.

3. G.O.Ms. No. 27, Health, Medical & Family Welfare (C1) Department dated 10.04.2017 was issued notifying the Telangana Medical Colleges (Admission into Post Graduate Medical Courses) Rules, 2017 (for short the 2017 Rules). The 2017 Rules were made in the exercise of the powers conferred by Section 3 read with Section 15(1) of the Telangana Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 (the 1983 Act for short) and in supersession of the earlier rules regarding preparation of seat matrtix and the selection procedure for admission into PG broad speciality in the competent authority quota. Rule 3(II) of the said Rules related to reservation and, under clause (b) thereunder, 30% of the seats in clinical broad specialities and 50% of the seats in pre and para-clinical broad specialities, for Degree and Diploma broad specialities separately, were reserved for in-service candidates, under the service quota, which were horizontal reservations. Reservation to SC, ST and BC category candidates was to be followed in clinical and non-clinical broad specialities. The principle of reservation and merit was required to be followed among the in-service candidates for admission into these courses. Candidates selected on merit, in the respective categories, were however to be counted against the in-service quota and the service rendered by them was to be calculated as per the dates specified by the KNR University of Health Sciences. Rule 4 presc