Prospectus cannot be challenged when policy itself is not challenged.

S.S. SUBRAMANI, J.

Parties herein will be referred according to their ranks in the writ petitions.

2. All these writ appeals are placed before this larger Bench under the following circumstances :

Writ petitioners field W.P. No. 6314 to 6317 and 6743 of 1999 for the issuance of order or direction declaring that the reservation of 50% of seats for non service candidates in the selection for Higher speciality courses more particularly D.M. (Rhematology, Nephrology, Cardiology) for the year 1999-2000 course in Tamil Nadu Government Medical Colleges by respondents/appellants as illegal, unconstitutional, null and void and consequently to set aside the selection of candidates made on that basis and select respective petitioners for the above course and for consequential reliefs.

3. In W.Ps. 6314 and 6315 of 1999, petitioners wanted to join D.M. (Cardiology), Writ Petitioner in W.P. 6316 of 1999 applied for the course of D.M. (Nephrology) and writ petitioner in W.P. 6317 of 1999 wanted to join higher speciality course in D.M. (Rhematology). Writ petitioner in W.P. 6743 of 1999 sought admission for the course M. Ch. (Surgical Gastro Enterology).

4. In the month of February, 1999, second respondent adverted for selection of candidates to the Higher Specifically Courses in Tamil Nadu Government Medical Colleges. The eligibility criteria was that the candidates should be an Indian citizen and should have a post graduate degree of Tamil Nadu Dr. M.G.R. Medical University or any other University equivalent thereof. All the writ petitioners are eligible to apply.

5. The Directorate of Medical Education notified for selection of candidates for the two year higher speciality courses in Tamil Nadu Government Medical College. Clause X of the prospectus for the year 1999-2000 has set out method of selection and admission. As per said clause, 50% of the total seats are reserved exclusively for Service candidates. The dispute in all the cases is regarding remaining 50% seats. According to writ petitioners, they are also eligible to be considered in the remaining 50%, which is kept as 'Open quota'. According to them, the in-service candidates are also eligible to be considered on the basis of merit, whereas respondents wanted remaining 50% seats as reserved for candidates other than who are selected by TNPSC and appointed on Tamil Nadu Medical Services on regular basis and have put in minimum two years of continuous service as on 1-2-1999. According to respondents, those who are eligible to apply as in service candidates will be treated as service candidates only and they will not be considered in the remaining 50% titled as 'Open quota'. According to respondents, remaining 50% seats have to be filled up from those who have not qualified or those who are not eligible to be considered as Medical Officers as service candidates.

6. As per Clause X(8) of the prospectus, following categories of Medical Officers, will be treated as service candidates for selection under 50% quota reserved exclusively for service candidates ;

(1) Medical Officers selected by the TNPSC and appointed in Tamil Nadu Medical Services on regular basis, who have put in minimum of two years of continuous service as on 1-2-1999.

(2) Medical Officers who are approved probationer and who have put in minimum of two years of continuous service as on 1-2-1999 and serving in (a) Local Bodies in Tamil Nadu . (b) Government of India Institutions in Tamil Nadu, (c) Public sector undertakings and organisations under the control of the Government of India in Tamil Nadu, (d) Undertakings and organisations of the Government of Tamil Nadu.

It further provided that applicant should execute a bond to serve the Institution for a minimum period of five years after completion of the course and to that effect he should produce a certificate from the Head of the Institution along with application. Clause X(9) provides that all eligible Medical Officers except those specified in para 8 above are eli