A. K. PATNAIK, C.J. :- In this writ petition under Art. 226 of the Constitution, the petitioner has challenged the vires of Rules 10(2), 10(3) and 20(9) of the Madhya Pradesh Medical and Dental Post-Graduate Course Entrance Examination Rules, 2007 (for short 'the Rules').

2. The facts briefly are that the petitioner, after passing MBBS degree, was selected and appointed as an Insurance Medical Officer Class II in ESI Service under the Department of Labour, Government of Madhya Pradesh on 4-7-2000. After completing the period of probation of two years, he was confirmed as Insurance Medical Officer Class II on 15-4-2004.

3. For admission to Post-Graduate Medical Degree and Diploma Courses, the State Government has framed the rules under S. 10 of the Madhya Pradesh Chikitsa Shiksha Sanstha Niyantran Adhiniyam, 1973. Under the Rules, a common entrance examination for admission to Post-Graduate Medical Degree/Diploma courses is to be held for both in-service candidates and open candidates but the merit lists of in-service and open candidates are to be prepared separately. Rule 10(1) of the Rules provides that the in-service candidates will have to secure minimum qualifying marks