P.D. KUDAL, J.—Through the above mentioned four writ petitions the petitioners have claimed their right of admission to the M.B.B.S. Course on the basis of the decision of this Court in Writ Petition No. 463 of 1977 : Miss Rajshri Shah vs. The State of Rajasthan. Though, these writ petitions were to be disposed of by a single bench, but they were taken up for hearing before a Division Bench as the State had filed an appeal against the decision of the Honble Single Judge in Writ Petition No. 463 of 1977 (Miss Rajshri vs. The State of Rajasthan). As the common questions of law and facts were involved in these writ petitions, these were also directed to be heard along with the Special Appeal filed by the State against the decision of the Honble Single Judge in Writ Petition No. 463 of 1977. The Special Appeal and five other similar writ petitions have already been disposed of, as the petitioners in these writ petitions secured admission in the M.B.B.S. Course either as a consequence of the directions of this Court, or that they appeared in the subsequent examinations and secured admission. Under these circumstances, only the present four writ petitions have been left which are being disposed of by this single order. In these writ petitions the question involved is, whether the petitioners have been rightly refused admission to the Medical Colleges in the State which are run by the State Government. 2. Instructions for the guidance of the candidates intending to appear at the Pre-Medical Test were issued by the Registrar, University of Rajasthan, Jaipur. The Medical & Health Department framed rules of admission to the Medical College in Rajasthan for the Session 1977-78. Rule 2 of the said Rules reads as under :— "2. Reservations : (a) Fifteen seats are reserved for Foreign Private students, cultural scholars and private students of Indian origin domiciled abroad. Nomination of cultural Scholars will be made by the Director General of Health Services, New Delhi and nomination of others will be made by the Union Ministry of External Affairs, Ministry of Health, New Delhi. 3 seats will be kept in each Medical College at Bikaner/Udaipur/ Ajmer/Jodhpur/Jaipur. The nominations should be made latest by 31st July, 1977 unless otherwise extended by the Government. 3 seats will be kept in each Medical College at Bikaner/Udaipur/ Ajmer/Jodhpur/Jaipur. The nominations should be made latest by 31st July, 1977 unless otherwise extended by the Government. (b) Five seats are reserved for the students migrated from Burma and other countries, in or after the year 1963 and registered in Rajasthan (one in each Medical College). (c) 8% seats are reserved for natural born candidates belonging to the Scheduled Castes and 6% for natural born candidates belonging to the Scheduled Tribes as notified in the Presidential Order for the State of Rajasthan and who fulfil conditions as laid down in rule 3 below. These reservations in each category will also include the candidates belonging to the Scheduled Castes/Scheduled Tribes who are admitted on merit for the general seats. A candidate must produce a certificate signed by an officer not below the rank of District Magistrate/Additional District Magistrate in proof of his/her being a natural born Scheduled Castes/Scheduled Tribes person as notified in the Presidential Order for the State of Rajasthan and that he/she fulfils conditions as laid down in rule 3 below. The reservation mentioned above can be interchanged if sufficient number of candidates are not available to fill up the sates reserved for Scheduled Caste or Scheduled Tribes candidates. Such seats will be filled up by suitable candidates from Scheduled castes and vice versa If the number of qualified candidates belonging to S.C./S.T. is not sufficient to cover the above reservation a maximum of 10 reserved seats in a year may be carried forward to subsequent year. (d) 25% of the seats (excluding seats reserved in clause (a) and (b) of rule 2 are reserved for girl candidates. If eligible and suitable girl candidates from Scheduled Casts/Tribes are not available, these sates will be filled upby the male candidates of Scheduled Caste/Scheduled Tribes. But in any case the overall total number of seats for girl candidates must be 25% of the total seats excluding seats, reserved under clause (a) and (b) of Rule 2. (e) In case, the reserved seats are not filled in a particular category, the unfilled seats will be transferred to general seats." 3. But in any case the overall total number of seats for girl candidates must be 25% of the total seats excluding seats, reserved under clause (a) and (b) of Rule 2. (e) In case, the reserved seats are not filled in a particular category, the unfilled seats will be transferred to general seats." 3. Sub-clause (a) of 0-268 of the University of Rajasthan reads as under:— "(a) A candidate who has passed the First Year Science Examination of the Three-year Degree Course (Pass/Hons) of the University or the Intermediate Examination in Science of the University (conducted before 1958) or of the Board of Secondary Education, Rajasthan or any other examina-lion recognised by the University as equivalent thereto in all the compulsory subjects and the optional subjects of the medical group (Physics, Chemistry and Biology) including English with a minimum of 50% marks in the subjects of the medical group shall be eligible for admission to the First M. B. B. S. Course provided in the event of entrance to the First M. B. B. S. Course being regulated by holding a Pre-Medical Test, a candidate for admission to the First M. B. B. S. Course shall be required to have passed the qualifying examination mentioned above and to obtain at least 50% marks at the Pre-Medical Test. Candidates who have appeared at the qualifying examination and whose results of the qualifying examination, are not declared before the commencement of the Pre-Medical Test may be given provisional permission to appear at the Pre-Medical Test subject to their passing the qualifying examination. The natural born Scheduled Caste and Scheduled Tribe students may be given a relaxation of 5% in the minimum marks required at the qualifying examination or in the Pre-Medical Test as the case may be. - Provided further that the candidates for admission to the First Year M.B.B.S. Course must have been attained the age of 17 years at the time of admission to the College or will attain it on the 1st of December, of the year of admission to the College." 4. The total number of seats which were initially available for admission were fixed at 550. The total number of seats which were initially available for admission were fixed at 550. Out of these seats 15 seats were reserved for the nominee of the Government of India; 5 for students from Burma and other countries; 44 seats for the candidates belonging to the Scheduled Casts being 8% of the total number of the seats of 550; 33 seats for the candidates for Scheduled Tribe being 6% of the total seats of 550, and the remaining 453 seats were general seats. According to the provisions of 0-268 students belonging to the Scheduled Castes and Scheduled Tribes were given a concession of 5% marks i. e. they were eligible for admission if they secured 45% marks while the candidates other than belonging to the Scheduled Caste and Scheduled . Tribes had to secure a minimum of 50% marks. 5. A Medical Council is constituted under sec. 3 of the Medical Council Act, 1956. In sec. 15 of the said Act it has been provided that a medical qualification mentioned in the schedule would be sufficient qualification for enrolment on the State Medical Registrar. Sec. 16 of the said Act provides that a duty has been enjoined by every University and/or Medical Institution in India; which grants a recognised medical qualification to furnish such information as the Council may from time to time require as to the courses of study and examination to be undergone in order to obtain such qualifications. Sec. 19A of the said Act prescribes the minimum standard of medical qualification:— "19—A, Minimum standards of medical education:— (1) The council may prescribe the minimum standards of medical education required for granting recognised medical qualifications (Other than post-graduate medical qualifications) by Universities or Medical Institutions in India. (2) Copies of the draft regulations and of all subsequent amendments thereof shall be furnished by the Council to all State Governments and the Council shall, before submitting the regulations or amendment thereof, as the case may be, to the Central Government for sanction, take into consideration the comments of any State Government received within three months from the furnishing of copies aforesaid. (3) The Committee shall from time to time report to the Council on the efficacy of the regulations and may recommend to the Council such amendments thereof as it may think fit." 6. The Medical Council in exercise of its powers conferred on it under sec. (3) The Committee shall from time to time report to the Council on the efficacy of the regulations and may recommend to the Council such amendments thereof as it may think fit." 6. The Medical Council in exercise of its powers conferred on it under sec. 33 of the Indian Medical Council Act, 1956 with the approval of the Central Government made the following regulations for admission to the M.B.B.S. "Selection of candidates: (a) To be eligible for appearing for the competitive entrance examination a candidate should have obtained not less than 50% of the marks in the science subjects at the qualifying examination, or at a higher University examination. Scheduled Castes and Scheduled Tribes students may be given a relaxation of 5% in the marks required for sitting at the entrance examination. Provided that where the results of the qualifying examinations are not declared before the competitive entrance examination, such candidates who have appeared in the qualifying examination may be allowed to appear in the competitive entrance examination but that no such candidate should be admitted to medical college unless he has passed in the qualifying examination and secures at least 50% marks in the competitive examination. In case of Scheduled Castes/Tribes candidates, they should not be admitted to a medical college unless they secure 45% marks in the competitive examination. (b) Where the candidate is selected on the basis of performance at the qualifying examination, without having to appear at the competitive examination, then he should have obtained not less than 50% of the marks in the science subjects at the qualifying examination, or at a higher University examination. Scheduled Castes and Tribes students may be given a relaxation of 5% in the marks required." These regulations were circulated by the Secretary, Medical Council of India, Temple Lane, Kotla Road, New Delhi vide his letter No. MCI-7(l)/76-Med/8171 dated 9-6-1976 to all concerned and at the foot thereof the fallowing was further appended:— "I may further point out that the above recommendations of the Council, having been approved as regulations under the provision of India Council Act, 1956, have become mandatory and the State Government, Universities, Administrative Authorities of the medical college, ete. are therefore requested to kindly ensure that these are strictly adhered to." 7. are therefore requested to kindly ensure that these are strictly adhered to." 7. The convener of the Admission Board and Principal, S.M.S. Medical College and Controller of attached hospital, Jaipur announced the selection of candidates for admission to the Medical College. The gist of this list is as follows:— List No. Date Foreign Burma S.C. S.T. Total Boys Girls Boys Girls Boy Girls I 10-9-77 __ 1 17 3 7 95 202 325 II 1-10-77 — — 1 — 1 30 100 132 III 4-10-77 — — — — — — 1 1 IV 31-10-77 — — 1 — — 2 1 4 V 23-11-77 — — (25) (3) (9) — 19 56 1 19(25) 3+(3): 8+(9) 127 323 518 8. The basic bone of contention between the parties is that as the candidates belonging to the Scheduled castes and Scheduled tribes with a minimum of 45% markes were not available, certain seats reserved for them remained unfilled. The petitioners claim is that in pursuance of Rule 2 sub-clause (e), those seats ought to have gone to the quota of general seats, and the candidates not belonging to the Scheduled Castes and Scheduled Tribes were entitled to be admitted on those seats provided they fulfilled other conditions. The contention of the State Government is that with a view to give more and better educational facilities to the persons belonging to the Scheduled Castes and Scheduled Tribes the minimum percentage of marks were owered from 45% to 35% and the seats were tilled in by those candidates who had secured the minimum 35% mirks. It was also contended that a telegram dated November 21, 1977 was received from the Government of India authorising the State Government to admit those candidates belonging to the Scheduled Castes and Scheduled Tribes who had secured the minimum of 35% marks. The telegram is reproduced hereunder— "S.C./S.T. candidates secured up to 35% marks in the qualifying examination may as a special case be admitted to M.B.B.S. in your State to fulfil S.C./S.T. quota without increasing total number of seats." 9. The telegram is reproduced hereunder— "S.C./S.T. candidates secured up to 35% marks in the qualifying examination may as a special case be admitted to M.B.B.S. in your State to fulfil S.C./S.T. quota without increasing total number of seats." 9. It was also contended that amongst the eligibility of the candidates one of the conditions was contained in the proviso which reads as under ;— "Provided that if even by affording this relaxation the reservation quota for S.C./S.T. is not complete, the Board of Admission may consider in consutlation with the University candidates belonging to S.C./S.T. who might have secured upto 66% of the lowest marks obtained by any candidate in the Pre-Medical Test who might be selected for admission in that particular year." 10. It was contended that this criterion was contrary to the Indian Medicial Council Act as well as to the Ordinance 268 of the University of Rajasthan. The said proviso was withdrawn by the Government of Rajasthan vide Notifiaition No. F. 6 (2) MB/77/Gr. I dated 11-6-1977. Sec. 33 of the Indian Medical Council Act, 1956 provided that the Council may. with the previous sanction of the Central Government, make regulations generally to carry out the purposes of this Act and, without prejudice to the generality of this power, such regulations may provide for (j) the courses and period of study and of practical training to be undertaken. 11. The contention of the learned counsel for the petitioners is that if candidates belonging to the S.C./S.T. were not available, then the reserved seats, which could not be filled in, ought to have gone to the general quota. It was also contended that keeping in view the health of the citizen, the minimum standard of education and training had to be maintained even for candidates belonging to the SC/ST. It was also contended that keeping in view the health of the citizen, the minimum standard of education and training had to be maintained even for candidates belonging to the SC/ST. It was also contended that the telegram which was issued by the Central Government on November 21, 1977 was at very belated stage and the seats which were reserved for SC/ST candidates and which could not be filled in reverted to the general quota much prior to the receipt of the telegram, It was also contended that the subsequent modification in the rules and subsequent modifications in the rules and subsequent notification issued by the Certral Government and the fact that the vested rights which had accrued to the petitioners even much before the telegram of November 21, 1977 was received. It was also contended that the respondents must adhere to the rules which they had framed for the admission of the students to the Medical College. 12. On behalf of the State and the other respondents, it was contended that with a view to fulfil the commitments under Art. 29(2) of the Constitution of India, and provide more education facilities to the persons belonging to the weaker sections of the society these steps were taken, and the per-centage for admission of the candidates belonging to the Scheduled Castes and Scheduled Tribes was lowered from 45% to 35%. It was also contended that the Central Government informed vide letter dated May 24, 1978, the approval of the Central Government under sec. 33 of the l.M.C. Act, 1956 to the recommendations of the M.C.L The following are the latest instructions issued by the Central Government :— "Copy of letter No. V. 11017/4/77-ME(P) dated the 29th Dec. 1977 addressed to the Secy. M.C.L, New Delhi. Sir, In continuation of this Ministrys letter No. V. 11017/4/77-ME(P) dated the 1st Dec., 77 on the subject, I am directed to convey the approval of the Central Government, under sec.33 of the l.M.C. Act, 1956 to the recommon-dations of the M.C.I, on Undergraduate Medical Education Curriculum contained in Chapter II of the booklet, namely "Selection of Students" as modified and given in the annexure hereto." Yours faithfully, Sd/- R.V. SRINIVASAN) DEPUTY SECRETARY. ANNEXURE SELECTION OF STUDENTS The selection of students to a medical college should be based solely on merits of the candidates and for determination of merit, the following criteria be adopted uniformly throughout the country:— (a) In State, having only one Medical College and one University/Board/ Examining Body conducting the qualifying examination, the marks obtained at such qualifying examination be taken into consideration. (b) In States, having more than one University/Board/Examining Body conducting the qualifying examination (or where there are more than one medical college under the administrative control of one authority), a competitive entrance examination should be held so to achieve a uniform evaluation due to the variation on the standard of qualifying examinations conducted by different agencies. (c) Where there are more than one College in a State and only one University examination than a joint selection board be constituted for all the colleges. (d) A competitive entance examination is absolutely necessary in the case of institutions of all India character. (e) To be eligible for competitive entrance examination candidates must have passed any of the qualifying examinations as enumerated under the head-note "Admission to Medical Course." Provided that: a candidate who has appeared in a qualifying examination, the result of which has not been declared, may be provisionally allowed to take up the competitive entrance examinations and in case on his selection for admission to medical course, he shall not be admitted thereto unless in the meanwhile he passed the qualifying examination. Provided also that a candidate for admission to the Medical Course must have obtained not less than 50% of the total marks in English and science subjects taken together (i) at the qualifying examination or at a higher examination in the case of medical colleges where the admissions are made on the basis of marks obtained at these examinations or (ii) 50% of the total marks in English and Science Subject taken together at the competitive entrance examination where such examinations are held for selection. Provided further in respect of candidates belonging to the SC/ST the minimum marks required for admission shall be 35% in lieu of 50% for general candidates. Provided further that the Government of India shall have the power to relax the minimum percentage of marks in deserving cases either on its own initiative or on the recommendation of the State Government. Provided further in respect of candidates belonging to the SC/ST the minimum marks required for admission shall be 35% in lieu of 50% for general candidates. Provided further that the Government of India shall have the power to relax the minimum percentage of marks in deserving cases either on its own initiative or on the recommendation of the State Government. The authorities (State Government and Universities) should arrange special coaching classes for SC/ST candidates before the quaiifying/compeiitive examination to enable them to come up to the appropriate standard for admission to the Medical Course. (f) Weightage of 2% may be given to candidates who are otherwise eligible for admission to the Medical Course on the basis of marks secured in the qualifying examination for N.C.C. Training and for participation in sports/athletics during the course of training for the qualifying examination." 13. It was also contended that the present writ petitions relate to the Pre-Medical Test held for the year 1977-78. It was also contended that the relevant year for which admissions were sought has already lapsed, and that now Pre-Medical Test for the year 1978-79 has already been held. It was, thererfore, contended that these writ petitions have become infractors and deserve to be dismissed. It was also contended that all these steps were taken by the Government to ancliorate the conditions of the weaker sections of the Society and with a view to provide them greater and better facilities of education. It was, therefore, contended that the writ petitions deserve to be dismissed. 14. On behalf of the petitioners reliance has been placed on K. Gangappa vs. Principal, Andhra M.C (1), it has been held as under:— "The argument that the rules prescribing the procedure for selection of a student to the Medical College made by the Government in G.O.Ms. No. 1022, dated 30-5-1957 are only administrative directions given by the Government and that non-compliance with the rules does not confer on the candidate any right to compel the authorities to proceed in strict conformity with the rules is a double-edged weapon and it cuts both ways. If the rules can be ignored, the entire selection of candidates would be bad; for, every candidates then will have right to take his chance in the common poos. If the rules can be ignored, the entire selection of candidates would be bad; for, every candidates then will have right to take his chance in the common poos. The Government, therefore, cannot rely upon the scheme embodied in the rules to sustain the selections and to ignore it to defeat the claims of the students." 15. In Banshidhar vs. University of Rajasthan (2), it has been held as under:— "In case of colleges maintained by the State long as there are vacancies all persons who fullfill the requisite qualifications for admission have got a right to be admitted and not to be discriminated against or shut out from being admitted on arbitrary or illegal grounds. It is the duty of the Principal to run it in accordance with law and he cannot ignore the rules and the instructions by a mere refusal to admit a student at his sweet will. It is not for the University to which such colleges are affiliated to decide as to what students should be admitted to such colleges. When the University fails to carry out its duty according to law, it can be compelled to do so by a writ of mandamus." 16. In Virendra Kapur vs. University of Jodhpur (FB) (3), it has been held as under:— "The petitioner, a student of the Engineering College of the University of Jodhpur appeared in April 1968 at the Second Year B.E.; Examination of the University; and secured over 55 per cent marks in the aggregate but failed in one of the theory papers viz. Mathematics II. According the Regu-lation 38 and other connected regulations adopted by the Vice-Chancellor in 1962 the petitioner was permitted to keep terms in the Third Year Engineering Class in 1963 and he was also entilted to appear in the paper be which he had failed along with the third year examination and was to given a pass class after he had passed the examination in which he failed. A notification dated 12-6-1968 issued under the authority of the Vice-Chancellor however provided that in the case of students of I, II, III or IV B.E. Examinations who had passed in all practical but had failed in one or more theory paperids regardless of their aggregate marks of those who had passed in all theory papers but had failed to secure the minimum pass marks of 45 per cent in the aggregate, a supplementary examination was to be held in the month of August subject to certain conditions which were set forth in the notification and meanwhile they would be permitted to keep term in the next higher class and entitled to study in that class and take the examination therefor if they pass in the supplementary examination. But it was also directed by this notification that such of the candidates who failed in the supplementary examination or did not appear at it must join as repeaters in the class in which they had failed and should attend all classes as regular students although they were to be exempted from attending practical classes. The petitioner appeared at the supplementary examination held in August, 1963 but having failed again in Mathematics II he has asked to join as a repeater in the second year class in accordance with the new regulation of the Vice-Chancellor. The petitioner then filed a writ petition under Art. 226 challenging the action taken by the University on various grounds." 17. Reliance has been placed on Surendra Kumar vs. The State of Rajas-tnan (4), wherein it was held that the reservation for children of defence personnels is not bad on the ground of larger national interest. 18. In Manju vs. State (5), it has been held as under:— "Rule making power is, strictly speaking, a legislative power. Right of admission to an educational institution, run either by the State or by a State aided institution, is considered sufficiently important to be classified as a fundamental right in Art. 29(2) of our Constitution. The term "State" as used in Art. 12 for the purposes of Part Ml of the Constitution, would include, for the purposes of enforcing fundamental rights, institutions such as medical colleges run by the State which do not have legally separate entities. The rule made by such a college, or, on its behalf, by the State Government would be law. The term "State" as used in Art. 12 for the purposes of Part Ml of the Constitution, would include, for the purposes of enforcing fundamental rights, institutions such as medical colleges run by the State which do not have legally separate entities. The rule made by such a college, or, on its behalf, by the State Government would be law. Again, on the principle that the rules contained in the prospectus were representations to the public, or to individuals seeking admission, on which reliance could be placed by candidates, it would not be open to those who make such representations, even as a result of executive orders to apply some other rules or criteria not contained in these rules. 19. Reliance was also placed on Randhir Singh vs. State of Haryana (6), wherein directions for admission to school subject to candidates passing medical test were issued. 20. Reliance was also placed on P. Rajendran vs. State of Madras (7), wherein it was held as under:— Article 14 does not forbid classification but the classification has to be justified on the basis of the nexus between th; classification and the object to be achieved, even assuming that territorial classification may be a reasonable classification. The fact however that the classification by itself is reasonable is not enough to support it unless there is nexus between the classification and the object to be achieved. Therefore, where the object to be achieved is to get the best talent for admission to professional colleges, the allocation of seats district-wise has no reasonable relation with the object to be achieved. If anything, such allocation will result in many cases in the object being destroyed, and if that is so, the classification, even if reasonable would result in discrimination, inasmuch as better qualified candidates from one district may be rejected while less qualified candidates from other districts may be admitted from either general pool or from social and educationally backward classes. Though territorial classification is not always bad in all circumstances, district-wise classification which is being justified on a territorial basis in R. 8 is violative of Article 14, specially whom no justification worth the name can be made out." 21. Though territorial classification is not always bad in all circumstances, district-wise classification which is being justified on a territorial basis in R. 8 is violative of Article 14, specially whom no justification worth the name can be made out." 21. Reliance was placed on a recent decision of the Supreme Court dated 16-1-1979, in Civil Appeal No. 2297 of 1978, State of Kerala vs. Kumari T.P. Roshana .8) In this case, the concerned Universities and the Medical Council agreed to increase the number of seats to accomodate the candidates. 22. On behalf of the State, reliance was placed on Deonarain vs. Principal, Jaswant College(9) wherein it was held as under:— "The principal of a recognised college is bound to comply with the directions given by the University and to demand neither better nor worse qualifications then these laid down by the University for the admission of the student to the college. As head of the institution he no doubt is responsible for the internal administration of the college and for that purpose he may frame any rules for admission to the college ensuring internal administration and maintenance of proper discipline in the college, and if he has reasons to believe that the admission of a particular student would lead to indiscipline in the college he may refuse admission, but it is his duty to run the affairs in a manner which would give satisfaction to the University that the rules laid down by the University requiring facilities for instructions in the several branches of learning at any affiliated college are not set at naught by a refusal of the principal to admit student at his sweet will." 23. Reliance was placed on Union of India vs. K.P. Joseph(l0), wherein it has been discussed in what case a writ of mandamus may be issued to enforce the rights arising out of administrative directions. 24. Reliance was also placed on S.P. Manocha vs. State (11), wherein it has been held that a person has no general right to be admitted to any educational institution. The reason that in the absence of any statutory provisions, an individual has no legal right to be admitted to a college or similar institution. It is in the discretion of the authorities to admit a person after he is approved. The reason that in the absence of any statutory provisions, an individual has no legal right to be admitted to a college or similar institution. It is in the discretion of the authorities to admit a person after he is approved. Thus, there being no such general right, a writ of Mandamus cannot be issued to admit a person to any college unless the right claimed has any statutory basis. The true character of the M.P. Pre-Medical Examination Rules (1972) is merely of a declaration of the State Governments policy on the basis of which admission were to be made to the several medical colleges in the State. The mere fact that the entire set of rules was made public before the Pre-Medical Examination was held, would not alter their basic character. Any breach or non-observance of the Rules cannot confer any right on any one to claim its enforcement through a court of law. It cannot be said that the amendment in rules could not be made after the pre-medical examination was held, so as to operate retrospectively The rules are merely executive instructions, they do not confer any right, much less a vested right. The only prohibition against retrospective operation is to avoid defects defeating a vested right. 25. Respective contentions of the learned counsel for the parties have been considered and the record of the case carefully perused. 26. The rules framed by the State Government for enrolment to the various medical colleges run by the Government in the State are only administrative instructions. These rules have no statutory force. An infringement of these rules is not justiciable in a Court of law. A writ of Mandamus, therefore, cannot be issued to enforce these rules framed by the State Government which are nothing but administrative instructions. 27. Moreover, in the present set of circumstances, the writ petitions have become infructuous. The petitioners appeared in the P.M.T. held for the year 1977-78, and that particular academic year is over. The next Pre-Medical Test was held for the year 1978-79. In this test, some of the petitioners did not appear and some appeared and failed. The students who appeared and passed in the examination in the academic year 1977-78 have already gone to a higher stage. The next Pre-Medical Test was held for the year 1978-79. In this test, some of the petitioners did not appear and some appeared and failed. The students who appeared and passed in the examination in the academic year 1977-78 have already gone to a higher stage. The present petitioners cannot be admitted, even if the writ petitions were to be allowed, in the higher classes The petitioners have not appeared in the competition with the present lot who appeared in the examination held for the academic year 1978-79. It is said that some of the petitioners appeared and failed. Their cases are, therefore, still worse. It appears that the present set of writ petitions have become infructuous by lapse of time. If any of these writ petitions are allowed, then two, it would be extremely difficult to enforce the directions that might be issued. 28. A writ of mandamus can be issued only when there an infringement of the fundamental rights or statutory rights. As stated earlier, the rules famed by the State Government for admission to the various Medical Colleges run by the Government are only administrative instructions, and have no statutory force. No writ of mandamus can, under such circumstances, be issued to enforce compliance of these rules. 29. For the reasons stated above, there is no force in these writ petitions, which are hereby dismissed. 30. Looking to the facts and circumstances of the case, the parties are left to bear their own costs.