The government's entitlement to frame the terms of entitlement for in-service candidates in a fair and non-discriminatory manner, and the need for a comprehensive policy to provide clarity on reservation implementation.

D.Y. Chandrachud, J.

Rule, made returnable forthwith. Learned AGP for the Respondents waives service. By consent, the Petition is taken up for hearing and final disposal.

2. The Petitioners are all employed with the Government of Maharashtra and are Medical Officers working in Government Hospitals. The dispute in the present case relates to the in-service quota for postgraduate degree and diploma courses. The Petitioners have sought a direction to the effect that the Respondents should declare 25% of the total number of postgraduate medical seats inclusive of degree and diploma seats as being available for in service candidates without excluding (i) seats reserved for all India medical students; (ii) seats for clinical subjects.

3. The State Government issued a Government Resolution on 22 February 1996 which adverts to the position that students who have completed their medical courses show an unwillingness to join government service. In view of this and in order to provide an incentive to candidates to join government service, the government had considered a proposal for increasing the extent of the reservation provided for in service candidates under a Government Resolution dated 24 October 1991. Consequently, it has been decided that the reservation of in service candidates should be increased from 15% to 25%.

4. In order to understand the grievance of the Petitioners, it would be necessary to advert briefly to the factual position. In the State of Maharashtra, medical colleges fall into three categories : (i) Government Medical Colleges; (ii) Medical Colleges conducted by the Municipal Corporations; and (iii) Medical Colleges of private institutions including deemed universities. The in service quota to which the present proceedings relate is the quota that is available for candidates in the service of the Government of Maharashtra and are desirous of pursuing postgraduate degree or diploma courses. There is a similar quota for municipal employees in colleges conducted by Municipal Corporation (s) with which the present proceeding is not concerned. Of the total number of postgraduate seats, 50% are allocated to the All India quota. For the balance of the available seats, a Common Entrance Test is conducted. A separate merit list is prepared for in service candidates who are also required to appear for the CET. There are 23 subjects in which postgraduate degree courses are available in the State, but insofar as the Government Medical Colleges are concerned, only 21 subjects are available. These subjects fall into two categories viz. (i) clinical subjects involving contact between the patient and the doctor such as medicine, surgery, pediatrics and gynaecology. There are 13 such subjects; (ii) Non-clinical subjects. The State Government has taken the position that for in service candidates, the 13 clinical subjects are of relevance because in service candidates are obliged to continue in government service after passing their postgraduate examinations. Consequently the reservation of 25% for in service candidates is applied after excluding seats allocated to the all India quota and non-clinical postgraduate seats. Presently a total of 237 seats in government colleges were available for degree courses in clinical subjects, of which 59 have been allotted to in service candidates. For diploma courses, of the total number of 96 seats, 24 are available for in service candidates.

5. The submission of the Petitioners is that the rationale for the Government Resolution dated 22 February 1996 and as noted in the earlier Government Resolution dated 24 October 1991, is the need to provide an incentive for candidates to enter government service after completing their M.B.B.S. Since medical graduates are unwilling to do so, government service was sought to be incentivised by setting apart a certain proportion of seats for in service candidates to pursue their postgraduate studies either for a degree or diploma. Hence, it has be