R. Subhash Reddy, J.

1. The petitioners in Special Civil Application No. 8310 of 2017 are the candidates seeking admission to Postgraduate Degree Courses. They have filed the petition seeking Writ of Mandamus or any other appropriate Writ to declare that there cannot be any reservation in favour of in-service candidates in Postgraduate Degree Courses in the Faculty of Medicine and Dentistry in colleges within the State of Gujarat and also to declare that the reservation in favour of Physically Challenged Candidates be treated as horizontal reservation, as contemplated under Rule 7 of the Gujarat Professional Postgraduate Medical Educational Courses (Regulation of Admission) Rules, 2017.

2. Admission to Post Graduate Degree and Diploma Courses in medicine are governed by Rules titled as "Gujarat Professional Post Graduate Medical Educational Courses (Regulation of Admission) Rules, 2017", which are framed in exercise of powers conferred under sub-section (1) of Section 20 read with section 4 of the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007. Rules 6 and 7 of the Gujarat Professional Post Graduate Medical Educational Courses (Regulation of Admission) Rules, 2017 providing reservation for in-service candidates and physically disabled persons, which are relevant for the purpose of this petition, read as under:

"6. Reservation for In-service candidate of Government of Gujarat:-

As per the policy of the Government of Gujarat, the seats for in-service candidate who are sponsored by the Government of Gujarat shall be reserved in Government Medical Colleges in each category and courses.

7. Reservation for Physically Disabled person:-

Three percent of the available seats in each category in Government colleges and Grant-in-aid colleges or institutions shall be reserved, for loco-motor disabled candidates of the respective category provided that a candidate having "loco-motor disability of lower limbs between 50% to 70% (upper limbs being normal)" shall be eligible to apply for admission in accordance with the guidelines/regulations of the Medical Council of India provided the candidate shall require to produce the certificate obtained in the proforma prescribed in the application form. The certificate shall be obtained from the Medical Board constituted for this purpose by the State Government. The Certificate shall contain extent of disability and suitability of such candidate for undertaking the course. If any seat remains vacant, the second preference shall be given to a candidate having loco-motor disability of lower limbs between 40% to less than 50%."

3. In this petition, mainly it is the case of the petitioners that in view of the judgment of the Hon'ble Supreme Court in the case of State of Uttar Pradesh and Others v. Dinesh Singh Chauhan reported in (2016) 9 SCC page 749, there cannot be any reservation to in-service candidates for Postgraduate Degree Courses. It is stated that such reservation runs contrary to Regulations framed by the Medical Council of India i.e. Medical Council of India Postgraduate Medical Education Regulations, 2000. It is also the case of the petitioners in the petition that the reservation in favour of physically challenged persons be treated as horizontal reservation and if any physically challenged person gets admission as per the merit, such admission cannot be counted against 3% quota reserved for physically challenged persons.

4. The petition in Special Civil Application No. 8310 of 2017 was filed on 20th April, 2017.

5. After Special Civil Application No. 8310 of 2017 was filed, the Government has issued resolution dated 21st April, 2017 restricting the reservation of 25% of available seats only to Postgraduate Diploma Courses. After issuance of such resolution by the Government, Special Civil Application No. 8579 of 2017 was filed with the prayers, which read as under:

"(A) YOUR LORDSHIP be pleased to allow and admit