Constitutional issue has been raised as such held entertainable.

In all the above writ petition, the petitioners who are working in the Government Hospitals applied for Post Graduate Degree/Diploma Courses for 1997-98. Their applications were not considered on the basis that some disciplinary proceedings against them either contemplated or pending on the date of making their applications, on the basis of para 4 in Clause VI of the prospectus for the year 1997-98 regarding admission to Post Graduate Diploma/Degree/MDS Courses in Tamilnadu Government Medical/Dental Colleges. The said clause reads as follows :-

"Service candidates should send their applications through proper channel with forwarding authority' remarks, if any disciplinary proceedings are pending against them, service candidates should not send the application. This is applicable to Tamil Nadu services, local body/public Sector of Tamil Nadu or Central Government, Defence Services candidates etc., forwarding officers need not forward the application" *

The candidates who are in service and facing any disciplinary proceedings are prohibited from sending applications under the abovesaid clause. The petitioners have challenged the said condition as it is not a reasonable classification and is arbitrary and there is no nexus to be achieved.

2. The learned Senior Counsel Mr. N.R. Chandran, appearing for the petitioner in W.P. No. 3037 of 1997 has submitted that in the matter of education such a condition cannot be insisted. In the event of dropping disciplinary proceedings in favour of the petitioners, the petitioners cannot get back the benefits of studies that they have sought for. Merely on the disciplinary proceedings initiated against the petitioners, they have to lose the apportunity once for all. According to the learned Senior Counsel, even the service candidates can be considered in the available open competition seats for selection among both the service and non-service candidates on merit basis. If the petitioners are considered equally with non-service candidates in the open competition for selection, the condition imposed in para 4 in Clause VI as stated above is nothing but discriminatory. It is his further submission that the said condition has no nexus to the object to be achieved. After making application if any disciplinary proceedings are taken even before admission, such a person will not be disqualified for considering the application. That being so, merely on the ground that some disciplinary proceedings are pending, the petitioners' applications cannot be ignored.

3. Mr. Paul Vasanthakumar, the learned counsel appearing for the petitioner in W.P. No. 3037/97 has submitted that the petitioner applied on the basis of service certificate issued by the Deputy Director of Health Services and Preventive Medicines, Nagercoil, and according to the same no disciplinary proceedings were pending on the date of the application. But the Director of Public Health and Preventive Medicine, Chennai, on 20-2-1997 informed the petitioner that the application was returned as the disciplinary proceedings under Rule 17(b) are contemplated against the petitioner.

4. In the counter filed by the respondents it is stated that disciplinary action was first taken against the petitioner for his unauthorised absence from duty on 18-8-1994 at 11.30 a.m. during surprise inspection and when the proceeding was sent to the Government, the Government instructed to take disciplinary action under Rule 17(b) of the Tamil Nadu Civil Services (D and A) Rules for his unauthorised absence from duty. Even according to the counter, no steps were taken against the petitioner pursuant to the insturctions of the Government.

5. The learned Special Government Pleader appearing for the respondents has submitted, per contra, that it is a matter relating to service and so this Court has no jurisdiction. Only the service tribunal has to decide the matter. According to him, the matter relates to condition of service and so it has to come under Clause V of S