M. P. CHANDRAKANTARAJ, J. ( 1 ) IN this petition the petitioner has prayed for declaration that Rule 4 of the Karnataka Medical Colleges Selection for admissions to post graduate rules, 1982 is ultra vires, offending arts. 14, 15 and 16 of the Constitution of India and to strike down the same. There is a further prayer for issue of a writ of mandamus to respondents to consider the petitioner's claim for a seat in the M. S. Course,, which is a course designated as Post Graduate course in Surgery. ( 2 ) THE rules are framed by the 1st respondent state of Karnataka in exercise of its executive power under Art. 162 of the Constitution; as held by this court in Gokula Education Foundation vs. Siddharanga Education Society (1) it is not law within the meaning of the expression occurring in Art. 13 of the constitution. ( 3 ) ADMITTEDLY the rules govern selection for admission of candidates for post graduate courses, both degree and diploma, in the Government and private colleges (for Government seats in private colleges ). in State. In other words selection is made to fill up seats which are in the control of the Government directly or to such extent of seats which Government has access. ( 4 ) RULE 2 of the said Rules (hereinafter referred to as the Rules) provide for eligibility in the matter of academic qualification as well as the age of the candidates while Rule 3 provides eligibility by domicile. Rule-4 provides for distribution of seats. Provision is made in subrule (1) of R. 4,whereby 50% of the total number of seats in the diploma courses shall be reserved to in service persons borne on the cadres of Health and Medical Education departments to be selected and deputed by the Government of Karnataka. Similarly sub-rule (2) of the said R. 4 of the rules provides reservation of 25% of seats in degree Course on the same terms and conditions. Subrule (3) provides for 25% of the seats so reserved under sub-rules (1) and (2) to be further reserved for in service candidates belonging to medical Education Department of the Government of Karnataka the seats available to the Selection committee for Selection after the above reservation are to be filled by open competition allowing the eligible candidates. Subrule (3) provides for 25% of the seats so reserved under sub-rules (1) and (2) to be further reserved for in service candidates belonging to medical Education Department of the Government of Karnataka the seats available to the Selection committee for Selection after the above reservation are to be filled by open competition allowing the eligible candidates. By sub-rule 4 (a), further reservation is made in favour of the Government to nominate two candidates from other States where these educational facilities are not available. In other words, in addition to 50% and 25% which are to be filled up by the Government by Selection and deputation on its own, the right to fill up two more seats by nomination by virtue of sub-rule 4 (a) notwithstanding what is said in sub-rule 4 is vested in Government. ( 5 ) MR. Raghavendra Rao, appearing for the petitioners has contended that Rule-4 is in violation of Art. 14, 15 and 16. Admittedly petitioner is not an employee of the Government. Therefore discrimination resulting in affecting the conditions of the service of the petitioner under Art. 16 does not arise in this case. Therefore challenge under Art. 16 is miconceived and liable to be rejected. ( 6 ) NO specific ground as such either has been urged or advanced at the bar, ( 7 ) SOLELY Art. 14 is pressed into service by Mr. Raghavendra Rao, counsel for the petitioner, on the basis that there is excessive reservation in favour of Government's own candidates. I am unable to see how it is so. A catena of decisions of the Supreme court and the High Courts have pointed out the enormous pressure that is there on the seats available for medical education at any level, let alone at the post graduate level both in degree and diploma Courses. The number of colleges are limited, therefore the number of seats are also limited. The government is the largest employer of Medical graduates. This does not require any authoritive pronouncement, the Health and Family Welfare Service of any State Government not only provides jobs for majority of the graduates of its medical colleges and other medical colleges, but also provides health services to its people people in service oi the Government oa quautying with an ordinary degree like mbbs also have a right to prostcute higher studies. In fact specralisaaon and special training in post graduat. In fact specralisaaon and special training in post graduat. degree and diploma courses is an and extended for improving public health services. 1 do not think that reserving 50% of seats in diploma courses wruon is a short term course should be con sidered as excessive having legard to the fact that the larger number of ordinary medical graduates are emploted by the Government and selection is in terms of sub-rule (1) of Rule-1 selection of these candidates is made by the Government and not in actordance with the Selection rules or the government now impugned, but under the Karnataka Civil Service Rules 101 lowing a different procedure altogether which is essentially based on seniority in service for selection and deputation, (See Rule 61 of the Karntaka Call service Rules Appendix-2 ). ( 8 ) IN so far as the degree course is concerned reservation is only 20%: that is, 3/4 th of the seats available to the government are left for open competition. This also cannot be said by any means to result in an excessive reservation. Having regard to the facts already enumerated in regard to the need for meeting public health service, one should not peuslise in service candidates by denying the right of the Government to send them on deputation to its colleges for higher studies to improve public health service. ( 9 ) THE petitioner who is practising privately and the employees of the government in the Medical department both education and health fall into two distinct classes. The Government has a right to provide all opportunities to its employees as a class and have on that basis a good object to be achieved. What is done is for providing better service to the public. I cannot therefore say it offends the equality assured under Art. 14. Petitioner should compete within the seats available for open competition. 1 therefore see no force in the argument advanced by Mr. Raghavendra Rao. ( 10 ) I have not deliberately dealt with the reservations made in favour of two candidates from other states where the facility of post graduate studies is not available. This is a union of States of India and indicates a healthy trend which is to be encouraged and not discouraged. Raghavendra Rao. ( 10 ) I have not deliberately dealt with the reservations made in favour of two candidates from other states where the facility of post graduate studies is not available. This is a union of States of India and indicates a healthy trend which is to be encouraged and not discouraged. Supreme court in a case arising out of Kerala has observed that reservation of 2% of seats in similar circumstances to students from outside that state as very inadequate. ( 11 ) FOR the above reasons this petition is devoid of merits and therefore it is rejected without issuing rule. --- *** --- .