( 1. ) INVOKING the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India the petitioners have prayed for to declare Rules 4. 5 and 5. 2 of Madhya Pradesh Medical and Dental Postgraduate Admission (In-Service) Rules, 2003, as ultra vires the Constitution of India and further they run counter to the decisions rendered by the Apex Court.

( 2. ) THE facts which are essential to be stated are that the petitioner No. 1, a registered Association of Insurance Medical Officers working under the Government of Madhya Pradesh, represented by its President. The petitioner Nos. 1-A and 2 are the doctors working as Insurance Medical Officers. It is putforth in the petition that the grievance agitated is both collective and individualistic. The petitioner No. 1-A passed MBBS Examination from Mahatma Gandhi Medical College, Indore, in the year 1991 and thereafter joined in service as Insurance Medical Officer/assistant Surgeon under the Labour Department in Employees State Insurance Services after being selected through Public Service Commission in the year 1996. The petitioner No. 2 passed her MBBS Examination in the year 1989 and after her post- graduati