A. K. PATNAIK, C. J.:- In this writ petition under Article 226 of the Constitution, we are called upon to decide the constitutional validity of the Madhya Pradesh Medical and Dental Post Graduate Course Entrance Examination Rules, 2009 (for short 'the Rules' 2009) which provide that the one seat of Orthodontics in postgraduate dental course allocated to the unreserved category will be filled up by female candidate in the year 2009.

2. The petitioner after completing his Bachelor of Dental Surgery (BDS) course and internship, appeared in the Postgraduate Entrance Test on 12-4-2009 conducted by the Madhya Pradesh Professional Examination Board and secured 162 marks out of 200 marks and was placed in the merit list as number one. He was called for counselling and scrutiny of documents on 28-4-2009 and he expected that he will be allotted the seat of Orthodontics of MDS course but was informed that the seat of Orthodontics of MDS course had been allotted to Dr. Sapna Jain (respondent No.3) who stood 4th in the merit list of unreserved category candidates because under the Rules 2009, this single seat of Orthodontics in the Government Dental Colleges in the Government of Madhya P