DIPAK MISRA, J. :- By this writ petition the petitioner has challenged the constitutional validity of the Rules 1.8 and 1.20(9) of M. P. Medical and Dental Post Graduate Course Entrance Examination Rules, 2008 (in short 'the Rules').

2. As far as the Rule 1.8 is concerned this Court in Animesh Gupta v. State of M. P. and others (W. P. No. 3795/2008 and other connected matters) has held as under :

"10. First we shall deal with the validity of the Rule 1.8. The said Rule reads as under :

"1.8 Reservation :

1.8 (2) The minimum percentage of marks in Pre P. G. Entrance Examination for eligibility for admission to Post Graduate Medical and Dental Courses shall be 40% for SC/ ST/OBC candidates and 50% for Unreserved category candidates. While preparing the merit list of Non-Service candidates for Medical (MD and MS) Course, the Board shall calculate 50% pro rata of the total marks obtained in MBBS Part-I and Part II and add it to the marks obtained in Pre-PG Entrance examination.

Note : The merit list of Non-Service candidates for Medical (MD and MS) course shall be prepared through pro rata rule.

Non-Service candidate's applying for Medical MD and MS course shall have to mention thei