The main legal point established in the judgment is the reasonableness and rationality of the weightage for rural service and the justification for restricting in-service candidates from pursuing multiple post-graduate courses.

( 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- graduation she was selected by the Public Service Commission for the post of Insurance Medical Officer/assistant Surgeon appointed with effect from 11-8-1993. It is the common ground that the petitioners along with many others have completed more than five years of service and have earned eligibility criteria to be considered for admission in postgraduate degree/diploma courses against the seats meant for Assistant Surgeons working under the State Government.

( 3. ) ACCORDING to the writ petitioners the State Government brought in a set of rules called Madhya Pradesh Medical and Dental Postgraduate Entrance Examination Rules, 2003 (hereinafter referred to as the Rules) notifying the scheme of examination, reservation of seats and eligibility of candidates etc. A reference has been made to Rule 8. 5 of the Rules which provides for reservation of 20% in postgraduate degree and diploma courses for Assistant Surgeons sponsored by the State of Madhya Pradesh, commonly known as In-service candidates. Rule 11 of the Rules prescribes eligibility criteria. The process of entrance examination for the year 2003-2004 commenced in the first week of February, 2003 by the Professional Examination Board, respondent No. 2 herein and the last date of submission of the forms was 20-2-2003. The Assistant Surgeons working in the Health Department as well as Employees State Insurance Corporation applied for the examination and appeared in the Entrance Examination held on 9-3-2003 for the candidates/category meant for other than in-service candidates. As pleaded, in toto 101 candidates participated in the examination and only 36 candidates were declared successful. In the aforesaid factual backdrop the State Government notified separate scheme for admission of In-service candidates. Under the said scheme the admission was proposed to be made on the basis of performance of the candidates in the MBBS Examination. The State Government prescribed weightage for the period of service spent in rural areas. The aforesaid scheme was incorporated in the Rules which was assailed before this Court in a batch of writ petitions and this Court by order dated 15-2-2003 declared the said Rules as ultra vires and held that there should be a common entrance examination for all categories of candidates. This Court also declared the Rule which had conferred weightage on rural service as ultra vires. Being aggrieved by the decision of this Court the State of Madhya Pradesh and others preferred number of civil appeals and the Apex Court had partially set aside the judgment of this Court. Various other aspects have been setforth in this regard to which we shall advert to at a later stage. After the decision was rendered by the Apex Court the State of M. P. framed the Rules in question and invited applicat