( 1. ) DR. Sunita Sharma, the appellant in L. P. A. No. 199 of 1999; who was an in service candidate holding the post of Assistant Surgeon and fell in "general category", had appeared in the PRE-PG-1999 examination held by Professional Examination Board, Madhya Pradesh, Bhopal and was able to secure 370 marks out of the total mark of 900.

( 2. ) DR. (Kum.) Roli Agarwal, the appellant in L. P. A. No. 227 of 1999. Who was an "institutional candidates" and fell in the "general category" had also appeared in the same entrance examination and had secured 620 marks out of total marks of 900. Both the aforesaid doctors had sought for their admissions in the Post Graduate M. S. course in the subject of gynaecology and obstetrics.

( 3. ) THE Writ Petition No. 1213/99 giving rise to L. P. A. No. 199 of 1999 was filed on 9-8-1999. Whereas the Writ Petition No. 1659 of 1999 giving rise to L. P. A. No. 227 of 1999 was filed on 25-10-1999. Both the writ petitions were consolidated and heard together. Both the petitioners had raised their claims for admission as against 25% seats allocated as against All India Quota which seats had been reverted on account of no candidate being available.

( 4. ) THE learned single Judge had dismissed the Writ Petition No. 1213/99 filed by the in service candidate Dr. Sunita Sharma being of the view that the reverted seat could not be made available to Assistant Surgeon quota and further the said petitioner had already been given admission in the diploma course of Gynaecology and Obstetrics, and, therefore, she was not entitled to seek change of subject under the Rules.

( 5. ) SO far as the Writ Petition No. 1659/99 filed by the "institutional candidate". Dr. Ku. Roll Agarwal was concerned, her writ petition was finally disposed of observing that no direction for admission could be given in the light of the order passed in the Writ Petition No. 1213 of 1999. However, it was directed that if the said petitioner was eligible for counselling she should be called for counselling for admission in the degree course of Obstetrics and Gynaecology.

( 6. ) FEELING aggrieved by the orders passed by the learned single Judge both the petitioners have filed separates Letters Patent Appeals which had been consolidated and were heard together. Taking into consideration the facts and circumstances brought on record and the nature of the controversy raised in both the writ petitions they are being disposed of by a common order.

( 7. ) THE relevant portion of Rule 3 of the Madhya Pradesh Medical and Dental Post-graduates Entrance Examination Rules, 1997 under the provisions where of the Pre-PG 1999 Entrance Examination had been held provides as follows :-

"3. M. D. /m. S. and Diploma Courses- (I) Duration.- -. . . . (II) Nature.- -. . .

. . (III) Reservation- Fifteen percent of seats are reserved for candidates belonging to the Scheduled Castes. Twenty one percent seats are reserved for candidates belonging to the Scheduled Tribes and Fourteen percent seats are reserved for candidates belonging to other backward classes. A total number of 35 seats of degree and 15 seats of Post-graduate Diploma are reserved for Assistant Surgeons working under and sponsored by the Government. Note- -.

. . . (IV) (a) -. . . .

(b) Sponsorship of other in-service candidates--In-service candidates, other than Assistant Surgeons referred to above will have to produce sponsorship certificate in the prescribed proforma (in Appendix-VIII) from their employers at the time of counselling. (V) Seats available--Availability of seats coursewise and subjectwise for each degree and diploma courses is given in Appendix (I, II, IIIA, IIIB, III-C ). This list may be subject to any change from time to time. Examination will be conducted at the centres fixed by the Board, the candidate shall fill in the application form, the name of the Examination centres from where she/he wished to appear for the Examination. Under no circumstances would the Examination centre, on