( 1 ) THIS petition has been filed by about seven Doctors looking forward to prosecute post graduate studies further because their chances of getting subjects of their choice because of the impugned resolution of the Government have receded. The prayers in the petition are as follow:" (A) to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ direction or order directing the respondents to prepare the merit list of persons eligible to be appointed as residents on the basis that those who pass the final M. B. B. S. examination at the first attempt should be given first preference and accordingly to suitably modify Rule 8. 2 and Rule 8. 3 of the Rules governing appointment as residents. (AA) to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ order or direction directing the Gujarat University to frame the Rules governing the selection for postgraduate studies and directing the third respondent not to make selection for postgraduate studies on the basis of the Rules contained in the Government resolution of the Health and Family Welfare Department dt. 25-5-82 for the appointment of residents in Medical College. (B) xx xx xx (C) to grant mandatory interim relief directing the respondents to give appointments to the post of residents on the basis of first giving a preference to those who have passed the final M. B. B. S. examination at the first attempt. (D) to grant such other reliefs as this Honble Court may deem fit and proper.

( 2 ) IN order to understand the controversy certain historical background and certain basic factors require to be specifically noted. It is truism to state that medical profession has remained a matter of choice and therefore a matter of cutthroat rivalry also amongst the first class students. In the area of the Gujarat University there are two medical colleges one is the B. J. Medical College situated in the campus of the Government Civil Hospital at Ahmedabad and the second is N. H. L. Municipal Medical College run by the Ahmedabad Municipal Corporation with V. S. Hospital attached to it. Both these institutions also have the facility of imparting postgraduate instructions and various branches of its learning like Surgery Medicine Obstetrics and Gynaecology Radiology etc. It goes without saying that the postgraduate training has got its own importance in practical also and so all such institutions are attached to the full fledged hospitals. In order to run these hospitals the Government or the Municipal Corporation naturally need the services of some qualified Doctors. Even the Medical Council of India has recognised the importance of postgraduate training facilities and courses at various centres and the training of postgraduates for degree courses is recommended to be of the residency pattern with patient care. This is so from the very nature of things also. In order to enable the postgraduate students to learn and simultaneously earn also incidentally though not fundamentally a system of residency is in vogue in the State of Gujarat. Formerly there were two sorts of residencies known as a housemans course for one year followed by a Registrars course for 2 1/2 years or so. These posts of housemen and Registrars being paid from the public exchequer were in a way employment avenues also and therefore the Government and/or Municipal Corporation that run the colleges with Hospitals attached would be entitled to employ qualified medical graduates to look after the various wards dealing with different kinds of patients. The Government and I understand the Municipal Corporation also had its own Rules for filling in the post of Housemen and Registrars and according to the variety of subjects housemen will be in certain subjects and so will be the Registrars. On and from the year 1981 the Government decided to introduce a common cadre of residents and the course is stated to be of four years. Two different sets of