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4. Mr. Sanjay Yadav, learned Deputy Advocate General, appearing for the respondents relying on the return filed on behalf of the respondents submitted that for completing the selection process before the commencement of the Post Graduate Degree and Diploma Courses on 2nd May, 2006, the cut off date of 5 years service has been fixed as 1st January, 2006. He cited the decision of the Supreme Court in State of M.P. and Ors. v. Gopal D. Tirthani and Ors. in which the classification between in-service candidates and open category candidates for the purpose of admission in Post Graduate courses of the Medical Colleges in the State of Madhya Pradesh was upheld by the Supreme Court. Mr. Yadav submitted that it is thus clear that in-service candidates and open category candidates fall into different classes and in-service candidates cannot compare themselves with open category candidates even with regard to the cut off date for eligibility.

9. The reply to this challenge of discriminatory and arbitrary cut off dates for in-service candidates and the general candidates as given in Para 5 of the return of the said respondents is quoted herein below:

5. The answering respondents respectfully submit that the State Government while adhering to the aforesaid guidelines from the rules for academic year 2004-2005 vide notification dated 7.11.03; whereby the cut off date of "1st January of year of examination" was inserted. This cut off date has the nexus with the time schedule within which the selection process is to be completed and the commencement of the Course. The answering respondent respectfully submit that for the academic year, 2005-2006 also the aforesaid eligibility criteria was repeated and presently also for the academic year, 2006-2007, the criteria i.e. "1st January of year of examination" has been retained. The answering respondents respectfully submit that there is no arbitrariness in fixing the date as 1st January. The petitioner while comparing herself with general candidates in respect of the eligibility criteria. The answering respondents respectfully submit that there cannot any comparison between the in service candidates and general candidates, they are two separate class. The cut off date for completion of internship and a registration there of with the Medical Council prior to commencement of a course, because the internship is permissible only when a student has passed a graduation examination and for purpose of registration as a Doctor with the Medical Council, It is necessary to have completed the internship. It is submitted that there is no extended out off date of passing a graduation examination which is the eligibility for affording for Post Graduate entrance Exam, whereas, in the case of in-Service candidates, he must have completed 5 year of regular service on 1st of January of year of examination. This criteria, it is submitted, has a nexus with the time schedule framed for selection and commencement of Course.

10. It will be clear from the reply in the return of the respondents quoted above that the cut off date of 1st January of the year of examination, within which in-service candidates are to complete 5 years of service, has been fixed taking into consideration the time schedule within which the selection process is to be completed and the Post Graduate Degree and Diploma Courses are to be commenced. If that be so, then the cut off date for general candidates to complete the internship after M.B.B.S./B.D.S. and to complete the formality of registration with the Madhya Pradesh Medical/ Dental Council and/or M.C.I./D.C.I. should also have been 1st of January of the year of examination and not 30th of April, 2006. The reasons given in the reply filed on behalf of the respondents quoted above are that in-service candidates and general candidates fall into two different classes and therefore, in-service candidates and general candidates cannot be compared with each other and that for the general candidates passing of M.B.B.S. or B.D.S. in the eligibility condition, and completion of internship after M.B.B.S./B.D.S. and registration with M.C.I. or B.D.I. or Madhya Pradesh Medical Council or Dental Course is not an eligible condition. It is true that in-service candidates and general candidates fall into two different classes and there is a clear intelligible differentia for the classification of in-service candidates and general candidates into two different classes. In-service candidates are those candidates who have put in five years service in different establishments of the State Government as mentioned in the Rules and the general candidates are those candidates who are not in any such service. But the classification under Article 14 of the Constitution must not only be based on intelligible criteria but such intelligible criteria must have rational nexus with the object sought to be achieved by the impugned provision. The impugned provision In the Rules is the cut off date of 1st of January of the year of examination within which an in-service candidate is tip complete 5 years of service to be eligible for entrance examination for admission to the 20% seats in the Post Graduate Degree and Diploma Courses reserved for in-service candidates. The object of this provision was to stick to the time schedule within which the selection process is to be completed and courses are to be commenced as stated in the reply filed on behalf of the respondents quoted above. But the object for fixing the cut off dates within which the general candidates ought to complete the internship with the institutions recognized by the M.C.I./B.D.I. and to complete the formality of registration with the Madhya Pradesh Medical/Dental Council and/or M.C.I./D.C.I. institutions is also to ensure completion of the selection process within the time schedule and before the commencement of the courses but the cut off date for completion of such internship and registration for general candidates, as envisaged in the Rules is 30.4.2006 and not 1st of January 2006. If general candidates who complete the internship by 30.4.2006 and register themselves with the Madhya Pradesh Medical/Dental Council and/or M.C.I./D.C.I. institution before 30.4.2006 are eligible for the entrance examination for admission to the Post Graduate courses, we fail to see why in-service candidates who complete 5 years of service before 30.4.2006 will also not be eligible for the said entrance examination for the Post Graduate Courses. In other words, in service candidates and general candidates may fall into two different classes, but the intelligible differentia on which in-service candidates and general candidates have been classified has no rational nexus with the object sought to be achieved by the impugned provision.

12. Though we have held that Rule 8(5)(a) of the Madhya Pradesh Medical and Dental Course Entrance Examination Rules, 2006 is violative of Article 14 of the Constitution, it is not necessary for us to strike down the said provision of Rules for the purpose of giving relief to the petitioners; in this case. Since the entrance examinations have already been held in accordance with the said Rules, 2006, striking down the impugned provision may disturb the time schedule for completion of the selection process and for commencement of the Post Graduate Degree and Diploma Courses. Ends of justice will be served in this case, if the petitioners in these two writ petitions who have already taken the examination pursuant to interim order passed by this Court, would be treated as eligible, if they complete 5 years of service as on 30.4.2006 and in case they are selected they will not be denied admission on the ground that they have not completed 5 years of service on 1st of January, 2006 as per Rule 8(5)(a) of the said Rules.