Anoop V. Mohta, J.

1. Rule, returnable forthwith.

Learned counsel appearing for the respective Respondents waive service. Heard finally, by consent of the parties, in view of urgency expressed by all, as the issues relate to the admission of Post Graduate course in Medicine for the year 2014-2015.

2. The relevant information of the Rule is as under:-

“1.2 This procedure will be called as “Procedure for selection and admission to medical post-graduate courses at the State Government Medical Colleges, Brihanmumbai Municipal Corporation Medical Colleges, Central Government Institutions like Tata Memorial Hospital and all other Private Medical Colleges/Institutions who opt for admission to PG courses through PGM-CET 2014.”

The relevant rules of Post-Graduate seat distribution are as under:-

“7.1 The seats available for admission to medical postgraduate courses will be distributed as 50% to all India Quota & remaining 50% to the State Quota. From the State quota all the PG Degree Seats will be distributed to regular PGM CET (Non In-service) Candidates. From the state quota 50% Diploma Seats from Government Medical Colleges will be distributed to the In-Service Candidates from Public Health Department and ESIS Department as per GR. of Medical Education & Drugs Department No.MED 1013/CR 137/Edu2 Dated 02 July 2013.

In-Service seats distribution for In-service BMC Candidates will be as per the policy of BMC and these seats will be exclusively from the BMC Medical Colleges.

7.2 Any seats remaining vacant from all India Post Graduate quota and In-services quota will be reverted back to State quota, after these seats are surrendered by the Concerned Authorities.”..........

The other relevant clause of In-service candidates is as under:-

“8.3.1 Eligibility for In-service candidates will be as per criteria laid down by the Public Health Department for M.M. & H.S. Medical Officer candidates and by commissioner of E.S.I.S. for E.S.I.S. in-service candidates. For BMC In-service Candidate eligibility criteria will be as per criteria laid down by Municipal Commissioner/Director of Brihanmumbai Municipal Corporation.”

The common entrance test was over on 5 January 2014. All the Petitioners have passed the same also. They are eligible to participate in the process of Post-Graduate admission Degree and Diploma.

3. The Petitioners, after passing the MBBS examination and based upon the then existing policies of the State of Maharashtra have joined the services of the State of Maharashtra/ Local Authorities/ Corporation (for short “the State”) for many years, as averred in the respective Petitions. Some of them have been in service till this date. For the purpose of their service record and future career, they are treated as “Medical Officer” in various tribal, interior, naxalite and difficult areas of the State of various Government Hospitals, Primary Health Centers (PHC) and Clinics. (For these admission referred to as “In-service candidates).

4. Though we are concerned with the admission to the Medical Post Graduate Degree Courses (MD/MS) of academic year 2014-2015, it is required to go back to the State circulars/policies (for short, GR) dated 6 January 1990, by which it was declared and announced that 15% seats for Post Graduate Degree Course (the Degree Course) and 25% seats for Post Graduate Diploma Course (the Diploma Course) were reserved for in-service candidates, as and by way of providing candidates an incentive to serve in the Hospitals/PHC as referred above, throughout the Maharashtra State. The students/candidates based upon the same have been acting upon regularly and so also the concerned Respondents.

5. The State Government issued another notification on 22 February 1996 by which, the reservation for Post-Graduate Decree Course increased to 25% in place of 15%. The reservation of 25% for Post Graduate Diploma Course, kept intact. There is no much quarrel with regard to the existence of these two recognized sources for in-servi