1. The petitioners in both the aforesaid writ petitions are aspirants for admission to MD/MS/PG Diploma Courses 2019-Academic Sessions. They belong to different reserved categories and are entitled to the benefit of reservation provided under the J&K Reservation Act, 2004 (for short ‘Act of 2004’) and J&K Reservation Rules 2005 (for short “Rules of 2005”). They are aggrieved and challenge the SRO 49 of 2018 dated 30.01.2018 whereby Rule 17 of the Rules of 2005 has been amended. In OWP No.351/2019, apart from assailing the constitutional validity of aforesaid SRO, the petitioners has sought declaration of Rule 15 of the Rules of 2005 to the extent it provides for clubbing/amalgamation of seats allocable to various reserved categories in one pool as ultra vires the Constitution and Act of 2004. The petitioners in OWP No. 351/2019 also seek direction to the respondents to distribute the seats earmarked for different categories proportionate to their population in the State.

2. The relevant facts which have given rise to the instant writ petitions need to be noticed before proceeding to determine the core issue pertaining to the constitutional validity of SRO 49 of 2018.

In the month of October, 2018 respondent No.4-National Board of Examinations, New Delhi issued a Notification for the admission to MD/MS/Post- Graduate Diploma Courses 2019-Academic Session. The National Eligibility-cum-Entrance Test-PG is an eligibility cum ranking examination to various MD/MS/Postgraduate Diploma Courses in terms of Section 10(D) of the Indian Medical Council Act, 1956. Other than the aforesaid examination to be conducted by respondent No.4, no other entrance examination either at State or Institutional level is valid for admission to the aforesaid medical courses.

As per the aforesaid Notification issued by respondent No.4, the candidates possessing MBBS Degree/provisional MBBS Pass certificate from a Medical college/Institute duly recognized by the Medical Council of India as per the provisions of Medical Council Act and having completed one year of internship or are likely to complete the same on or before 31.3.2019 are eligible to apply for NEET-PG 2019 through online application system. The petitioners claim that they being fully eligible and qualified in terms of the aforesaid Notification issued by respondent No.4, applied to participate in NEET- PG 2019. When the instant writ petitions were filed, the aforesaid examination was yet to take place and was scheduled to be held on 6th January, 2019. The petitioners, anticipating that they would come higher up in merit in the examination and would secure admission in the PG Courses in the State Medical Colleges/Institutions, filed the aforesaid writ petitions even without waiting for the result of the NEET-PG-2019 examination.

The provocation to file these writ petitions even prior to sitting in the NEET-PG 2019 examination was the amendment that had been carried to Rule 17 of the Rules of 2005 by promulgating SRO 49 of 2018. The petitioners, who belong to different reserved categories and are entitled to preferential treatment in the matter of admission to various PG Medical Courses, were of the view that the impugned amendment carried to Rule 17 would seriously impact their right to get admission in the PG Medical Courses of their choice commensurate to their merit as a reserved category candidate.

3. During the pendency of the aforesaid writ petitions, the NEET-PG 2019 has been held. How have the petitioners faired in the examination is not known, for, neither the petitioners nor the respondents have brought anything on record to indicate whether the petitioners have succeeded in coming higher up in the merit to secure admission in the PG Medical Courses in the different medical colleges/institutions in the State of Jammu and Kashmir. Be that as it may, this Court in these writ petitions is called upon to adjudicate the constitutional validity of the amendment carried to Rule 17 of