Thottathil B. Radhakrishnan, J.

1. These writ petitions are filed seeking a declaration that Section 5(4) of the Kerala Medical Officers' Admission to Postgraduate Courses under Service Quota Act, 2008 (Kerala Act 29 of 2008), hereinafter referred to as "the State Act", in so far as it lays down that admission to Postgraduate Medical Education in service quota shall be on the basis of the seniority, is arbitrary and illegal. Some of the provisions of the Prospectus for the relevant year for admission to postgraduate medical education in the service quota are also sought to be quashed. When these matters came up for final hearing, the petitioners, having regard to the passage of time, pressed only for the relief of declaration as to the invalidity of the statutory provision under challenge.

2. The pleadings on behalf of the petitioners are that Section 5(4) of the State Act in so far as it relates to prescription that selection for admission to Postgraduate Courses shall be solely on the basis of seniority, without even prescribing a minimum eligibility, is in violation of the Regulations issued by the Medical Council of India, the competent authority under the Indian Medi