Manjula Chellur, C.J.

1. These writ appeals are directed against common judgment of the learned single Judge dated 06.06.2014.

2. In brief, the facts that led to filing of the above writ appeals are as under: Appellants herein were the writ petitioners. They are in service of Government of Kerala in various Health Departments as Assistant Professors, etc. For the purpose of convenience, all documents are referred to as exhibited in W.A.No.797/2014. So far as Post Graduate Degree/Diploma Courses 2014, Exhibit P1 came to be issued by National Board of Examinations (for short NBE) and it is called All India Post Graduate Medical Entrance Examination 2014 (for short AIPGMEE 2014). Exhibit P1 gives various informations including dates of examination and how on line applications can be accessed and completed. The last date for submission of application was 13.11.2013. The examination dates for AIPGMEE were between 25th November and 6th December 2013. Declaration of results was to be by 31st January 2014. Clause 14.1 refers to qualifying criteria, i.e. Minimum qualifying score in each category - General Category-50% score, SC/ST/OBC-40% score and Persona with Disability-45% score. State of Kerala, by Exhibit P2, declared that PG Medical/Dental aspirant candidates from the State shall participate in AIPGMEE 2014 and obtain minimum eligibility marks as prescribed, for getting admission to Post Graduate Medical/ Dental courses so far as seats other than All India quota. State has decided to adopt AIPGMEE 2014 for admission to post graduate Medical/Dental courses as conducted by NBE. Again, State issued Exhibit P3 dated 05.11.2013 stating that NBE has issued notification for conducting a single common Entrance Examination - AIPGMEE 2014 for admission to various MD/MS and PG Diploma courses for the year 2014, and State of Kerala also adopted the same by notification dated 01.11.2013 and Commissioner for Entrance Examinations shall be the authority for conducting the allotment in the State Quota seats in PG Medical courses. Exhibit P6 notification dated 18.02.2014 was issued by Government of Kerala, wherein, it is stated that Government, after examining the draft prospectus proposal in detail was pleased to approve the prospectus incorporating certain modifications which was appended to the order. As per clause 4.4.1 of Exhibit P7, the qualifying criteria for in-service quota candidates in AIPGMEE 2014 was fixed as General Category-45%, SC/ST/OBC-35% and Persons with Disability-40% as against 50%, 40% and 45% respectively fixed under Exhibit P1.

3. Several writ petitions came to be filed before learned single Judge by in-service candidates challenging clause 4.4.1 of the prospectus. Learned single Judge raised as many as five issues for consideration. Ultimately, learned Judge opined that in the facts and circumstances available, State was justified in fixing the qualifying criteria as stated in clause 4.4.1 of Exhibit P7 as it reflects the policy of Government and it cannot be termed as unreasonable in any form. Further, learned Judge opined that State Government has exercised its statutory power to incorporate in the prospectus a provision which permits good number of inservice candidates to have the benefit of admission to Post Graduate/Diploma courses, despite the fact that such qualifying persons will be considered for admission only based on seniority along with other criterion. Therefore, the decision was neither arbitrary nor unreasonable nor suffers from any mala fides. Aggrieved by the judgment of the learned single Judge, the above writ appeals are filed.

4. It is contended that select list has to be prepared based on seniority of candidates qualified in entrance test. Qualifying criteria at Exhibit P1 was reduced by lowering the percentage of marks for in-service candidates. According to them, in the absence of legislation under Entry 66 of List I of Constitution, State has no competency to legislate on the subject