S. D. PANDIT, J. ( 1 ) THE petitioners are holding the degree of MBBS and they had applied for getting admission for Post-Graduate Course ("pg Course" for short) at the government Medical College, Surat. Interviews for the same were held on 25. 1. 1996 but both the petitioners were not called for the said interview and on inquiry they were told that as they had passed their 3rd MBBS examination in the 4th attempt they were not eligible for admission to the post of PG medical course. ( 2 ) IT is the case of the petitioners that by Resolution No. 32 dated 24. 2. 1995. the respondent No. 2-South Gujarat University framed rules. According to them said rules are arbitrary and said rules are made applicable to the students seeking admission for MBBS course after 1. 1. 1989. They contend that said rules are given retrospeclive effect and consequently they are illegal and ultra vires. They contend that prior to 24. 2. 1995 there were no restrictions for obtaining admission in post-graduate degree/diploma-courses and residency. They further contend that the restriction of passing MBBS will not he applicable for the non-clinical subjects and admission for PG medical course in non- clinical subjects. They also contend that said rules are also making a discrimination in getting admission for post-graduate degree/diploma course in clinical subjects as well as non- clinical subjects and therefore on that ground also said rules are illegal. They further contend that their admission have been wrongly rejected by the respondent authorities and they have not been given admission for post-graduate medical courses and therefore, the respondents be directed to reconsider their application and to give them admission for the post-graduate medical courses as per their preference and as per the availability of the seats at the time of interview. ( 3 ) THE claim of the petitioners is resisted by both the respondents. It is contended on behalf of the respondents that the contention as regards the admission to the post-graduate courses, all the candidates must not have more than 3 attempts in the final MBBS examination js quite reasonable and proper. They further contend that the rules framed by them are not discriminatory and they cannot be also said to he arbitrary. Admittedly the rules in question have come into force by the Resolution of the Respondent No. 2-University passed, on 24. 2. 1995. They further contend that the rules framed by them are not discriminatory and they cannot be also said to he arbitrary. Admittedly the rules in question have come into force by the Resolution of the Respondent No. 2-University passed, on 24. 2. 1995. The rules of admission which were prevailing at the time of admission of the present petitioners for the said post-graduate medical courses must be taken into consideration and they alone will be applicable to the petitioners. They further contend that there is no unreasonable discrimination between the clinical and non-clinical subjects. Admittedly both the petitioners had more than 3 attempts in final mbbs examination and consequently they were not eligible for the admission to post-graduate degree course and consequently, their applications were not accepted. Thus it is contended, that there is no discrimination in the rules and the petitioners applications have been rightly rejected. The respondents, therefore, seek dismissal of the petition. ( 4 ) IT is an admitted fact that prior to 24. 2. 1995 there was no restriction for a candidate to have more than 3 attempts in the final MBBS examination for getting admission to degree/diploma courses. The respondent No. 2-University has amended the admission rules and has laid down that the candidates having more than 3 attempts in final mbbs examination will not be eligible to degree/diploma courses except those who are applying under category (B)- (1) (3) and (4 ). Now merely because the respondent No. 2-South Gujarat University happened to amend its rules for admission in the year 1995, could it be said that there is any infringement of any rights to the present petitioners or any student by the said amendment? It must be remembered that a student will be governed by the rules of admission which are in force on the date he seeks admission. He cannot be allowed to contend, that the rules which are in existence at the time of his seeking admission were not previously in existence and therefore, they must be struck down. After all the rules for admission are laying down the policy of the University for giving admission and it is always open for the University to change its policy reasonable. The Policy of the University does not confer any right in favour of the students. After all the rules for admission are laying down the policy of the University for giving admission and it is always open for the University to change its policy reasonable. The Policy of the University does not confer any right in favour of the students. Now once a student gets an admission, the University could not be permitted to amend its Rules for giving retrospective effect so as to deny the student admission in the University Courses by giving effect to the amendment retrospectively. The learned Advocate for the petitioners has put reliance on the decision of Kum. Jayshree Chandrachud Dixit vs. State of Gujarat and Ors. , (20) 1979 GLR 614 in support of his contention that by amending the rules on 24. 2. 1995, the respondent No. 2-South Gujarat University is depriving the petitioners of their valuable rights. If the facts of the said case is seen then it would be quite clear that facts of the said case is not at all applicable to the facts before me. In that case, Government of Gujarat had framed rules of admission for MBBS course of government Medical Colleges in the State of Gujarat in the year 1978 laying down the criteria for admission. Rule 5. 1 lays down the basis for determination of merit order. Rule 5. 2 provides for certain credit being given on the basis of performance of the students at the proceeding examinations. Government modified Rule 5. 2 by inserting of Rule 5. 2 (A) which provided for certain credit being given to students who have passed the All India higher Secondary Examination of the Central Board of Higher Secondary Examination and the next lower examination of the Board. Aforesaid amended Rule was introduced after the last date of submitting the application for admission to the Government Medical colleges had expired. The petition was filed by Kum. Jayshree to challenge the validity of rule 5. 2 (A) added on 1. 7. 1978 in the Rule for admission to the MBBS course at the government Medical College in State of Gujarat and that challenge has been negatived by this Court by holding that said amendment was not at all arbitrary or discriminatory. The petition was filed by Kum. Jayshree to challenge the validity of rule 5. 2 (A) added on 1. 7. 1978 in the Rule for admission to the MBBS course at the government Medical College in State of Gujarat and that challenge has been negatived by this Court by holding that said amendment was not at all arbitrary or discriminatory. It was held that when the petitioner was getting advantage of the provisions of Rule 5 (2), her challenge to the provision of Rule 5 (2) (A) was not tenable as the said Rule 5 (2) (A) was on the contrary bringing into equality of treatment for the students and that said Rule was also reasonable. As the said Rule was giving equal treatment to persons similarly situated it would not be violative of Art. 14 of the Constitution. Thus in my opinion said case is not of any help to the petitioner. ( 5 ) IT is the further contention of Mr. Tanna that said admission Rule which is quoted in the instructions to the applicants for admission to Post-Graduate Medical Course is creating discrimination of the provision of Rule 1 (A) (C ). In order to appreciate the said submission, it is necessary to consider the said rule which is running as under:"1. (A ). To be eligible for admission to the courses for the degree of md/ms/diploma in clinical subjects : the candidate (a) must have passed Bachelor of Medicine and Bachelor of Surgery examination of this University of any other College and University recognised by MCI and the University, on the basis of reciprocity; and (b) shall have completed his compulsory rotating, housemanship internship period not more than four years after completion of internship and have registered under the Gujarat State Medical Council; (c) candidate having more than three attempts in final MBBS Examination will not be eligible for admission to Degree Course except those who are in service doctor and applying under category (B) - (1), (2), (3) and (4 ). (i) Such a candidate after getting Residency in residency system as per government of Gujarat Resolution in this respect at the teaching hospital/medical College in the subject shall get himself registered in the (Branch) subject to study for which he wants registration within six months of the start of P. G. academic term. (i) Such a candidate after getting Residency in residency system as per government of Gujarat Resolution in this respect at the teaching hospital/medical College in the subject shall get himself registered in the (Branch) subject to study for which he wants registration within six months of the start of P. G. academic term. (ii) To be eligible for admission to the courses for the degree of MD/ms, diploma in non-clinical subjects (Anatomy Physiology, Biochemistry, pharmacology, Micrology, Pathology as well as Social and Preventive medicine and Forensic Medicine ). The Candidate (a) must have passed Bachelor of Medicine and Bachelor of Surgery examination of this University or any other college and University recognised by MCI and the University on the basis of reciprocity; (b) shall have completed his compulsory rotating housemanship (Internship) period and have himself registered under the Gujarat Medical Council; and (c) those who are in service in the department/full time research post/in service post/equivalent position in the subject. (B) If P. G. seats in Degree/diploma courses remain vacant after filing them by candidates as per Clause A (i) and (ii) above, following persons in following order shall be considered for admission. They will be governed by all other relevant PG Rules. (1) Class-II Medical Officers of Medical and Health Services of State government of Gujarat and working in the Medical College/attached to teaching hospital in the concerned subject/department. (2) Class-II Medical Officers of Medical Health Services of State Government of gujarat at working in Medical College of the attached hospitals in any subjects/department. (3) Class-II Medical Officers of Medical and Health Services of State government of Gujarat and working in rural health and family welfare centre of primary health centre attached to Medical College. (4) Class-II Medical Officers of Medical and Health Services of State government of Gujarat and working in any other State Government hospital of the dispensary PHC. Merit list for each of the above categories will be prepared as per total marks obtained at final MBBS Examinations provided State Government of Gujarat permission is obtained by the above Medical Officers under (1), (2), (3) and (4) and other institution at the time of interview. (C) If seats in PG Course registration remain vacant after filling them by candidates as per Clause (B), (1), (2), (3) and (4) following persons shall be considered for admission. (C) If seats in PG Course registration remain vacant after filling them by candidates as per Clause (B), (1), (2), (3) and (4) following persons shall be considered for admission. Candidates who are willing to prosecute their Post-Graduate studies as full time post-graduate students. Ordinarily first preference be given to those students who have passed their qualifying for admission in Post-Graduate degree/diploma courses, Degree/diploma examinations from South Gujarat university. Merit list will be prepared as per total marks obtained at final mbbs examinations. "according to Mr. Tanna Sub-clause (c) of Clause (A) is creating a discrimination between the students seeking admission of not accepting Government jot and students who are already in employment as Medical Officers. But if the provision of Rule 1 (A) (C) and provision of Rule 1 (B) are read together then it would be quite clear that there is no discrimination as contended by Mr. Tanna. Rule (c) clearly lays down that a candidate having 3 attempts in the final MBBS examination will not be eligible to admission to degree/diploma course except those who are falling under category (B)- (1), (2), (3) and (4 ). Rule 1 (B) clearly lays down that if post-graduate scats in degree/diploma remain vacant after filling them by candidates as per clause A (i) and (ii) above, the persons in the following order shall be considered for admission and they will be governed by other relevant PG Rules. Therefore, that provision of Rule (B) makes it quite clear that all the seats in the degree and diploma courses of PG will have to be first given to all the candidates who have not taken more than 3 attempts in the final MBBS examination. No doubt it further lays down that in case if any PG seats in degree/ diploma courses remain vacant after filling them by candidates who have passed 3rd MBBS examination within 3 attempts then to consider the cases of the persons working in the Medical and Health services of the Government of Gujarat on priority basis. This preference given to the persons serving in State Government in the Medical and Health Services could not be said to be unreasonable or irrational. This preference given to the persons serving in State Government in the Medical and Health Services could not be said to be unreasonable or irrational. The State Government is always finding it difficult in getting suitable persons for working in the Medical Centres and hospitals and particularly in the Rural Health and Family Welfare Centres and Primary Health centres attached to the medical colleges and in order to attract persons in accepting the said job if the Government and University happen to make provision to give preference to such candidates, in filing vacant seats in much in admission on account of non-availability of regular candidates it could not be said to be irrational or unreasonable. It must be remembered that Government has not given any fixed or special quota for the medical officers working under the State Government but has only decided to give preference to them in case if there happens to be any vacancies on account of not getting suitable candidates on regular basis. Instead of allowing the seats to remain vacant the Government Medical Officers are allowed to fill in those on certain service bond conditions. Therefore, in the circumstances I am unable to accept the contention the said Scheme of the Government and the University is either arbitrary or discriminatory. ( 6 ) NEXT contention of Mr. Tanna is that admittedly 25 per cent seats arc reserved for the students who passes All India Medical Entrance Examination Test and for the said All india Medical Entrance Examination Test candidates there was no restriction that a candidate appearing for the said All India Medical Entrance Examination must pass his final MBBS examination within 3 attempts. According to him a person who has not passed the final MBBS examination within 3 attempts can get admission for the post-graduate degree/diploma course if he happens to pass All India Medical Entrance examination Test. It must be remembered that the condition put for getting admission that a candidate must pass 3rd MBBS examination within 3 attempts is by way of determining the best aptitude and ability. Said condition is put in order to see that those meritorious candidate alone can come forward and forward and get admission in PG courses at the costs of the Government. Said condition is put in order to see that those meritorious candidate alone can come forward and forward and get admission in PG courses at the costs of the Government. When a student appears in the All India Medical Entrance examination and gets through the said entrance examination, he proves his aptitude and ability though he might not have passed his 3rd MBBS examination within 3 attempts, he shows his ability by appearing for the All India Medical Entrance Examination and getting through the same. Thus there are 2 criteria for determining the aptitude and ability of a candidate for getting admission for post-graduate medical course. One is to pass 3rd mbbs examination within 3 attempts and the second one is to pass All India Medical entrance Examination Text. Therefore, when a candidate passes All India Medical entrance Examination he overcomes the hindrance of not passing the 3rd MBBS examination within 3 attempts. It must be remembered that the admissions for post-Graduate courses must be given on academic merit. For maintaining high standard conditions are to be prescribed. It is also necessary to weed out the students who have proved their inaptitude and disability for getting admission by either failing to complete 3rd MBBS examination within 3 attempts or by failing to clear All India Medical entrance Examination. The said criteria are framed with a view to secure admission to the best talents and to improve standards. ( 7 ) LEARNED Advocate for the petitioner further urged before me that the rule also make a distinction regarding qualification for getting admission for the degree course of md/ms and diploma in clinical subjects and the course for degree of MD/ms and diploma in non-clinical subjects and therefore, said Rule is arbitrary and unreasonable. I have already quoted above the rules from Annexure-I annexed to the affidavit of the deputy Registrar of the South Gujarat University. It is quite clear from the said rules that the rules do not make a distinction between admission to the courses for the degree of md/ms and diploma in clinical subjects and course for degree of MD/ms and diploma in non-clinical subjects. If a candidate wants to obtain admission for post-graduate degree/diploma in clinical subjects, then he must have passed his final MBBS examination within 3 attempts. If a candidate wants to obtain admission for post-graduate degree/diploma in clinical subjects, then he must have passed his final MBBS examination within 3 attempts. But if the candidate wants to take post-graduate degree/diploma in non-clinical subjects there is no compulsion that he must pass his 3rd mbbs examination within 3 attempts. 7a. Mr. Kamal Mehta AGP for the respondent Government had urged before me that Government rules for admission for post-graduate course do not make any distinction between clinical or non-clinical subjects and even for getting admission lor non-clinical subjects a candidate must pass his 3rd MBBS examination within 3 attempts. But the rules quoted above of the South Gujarat University clearly show that the rules do not prescribe that for getting admission for post-graduate course degree or diploma, the candidate must pass 3rd MBBS examination within 3 attempts in case if he seeks admission in non-clinical subjects. Not only that but even if the instructions annexed to the admission form supplied to the students of South Gujarat University which is produced by the petitioners at Annexure-A at page 13 do also show that for getting admission in non-clinical subjects there is no compulsion of passing 3rd MBBS examination within 3 attempts. Therefore, it will have to be held that the rule is making a distinction for admission for clinical subjects and non-clinical subjects. But the question is as to whether said distinction could be said to be arbitrary or unreasonable ? Admittedly clinical subjects and non-clinical subjects are two different branches. The students seeking admission in clinical subjects have to attend clinics and hospitals and has to work as house physicians or surgeons and has to also remain in the hostel so that his services could be available for all the 24 hours; but for a student selecting non-clinical subjects there is no such compulsion. The non-clinical subjects are more towards academic side and those candidates who intend to carry out research work or intend to go for teaching profession and those who intend not to go for regular general practice prefer non-clinical subjects. As against this the candidates who select clinical subjects go generally in practice and therefore, they have to attend the patients, whereas the post-graduated in non-clinical subject to are theoretical, scholarly and academicians. As against this the candidates who select clinical subjects go generally in practice and therefore, they have to attend the patients, whereas the post-graduated in non-clinical subject to are theoretical, scholarly and academicians. Subjects being distinct and distinguishable they are treated clinical and non-clinical and that is quite clear as they are under two distinct and separate criteria is fixed for getting admission in these two separate subjects it could not be said to be arbitrary or discriminatory. ( 8 ) THEREFORE, in view of the above discussion it would be quite clear that South gujarat University has framed rules to give admission for post-graduate degree/diploma courses in clinical subjects to those candidates who have passed their 3rd MBBS examination within 3 attempts. Said Rule seems to have been framed in order to give admission on academic merits. The same is for maintenance of standards and with a view to weed out the candidates who have not proved their aptitude and ability. Candidates who have not proved their ability and aptitude to complete the course within a reasonable time are denied admission. Said criteria is fixed in the nature of policy decision and therefore, it will not be proper for this Court to interfere with the said policy decision as I am unable to find any unreasonableness or arbitrariness in the same. Merely because some candidates are likely to face hardship it could not be struck down. In my opinion the rule is framed with a view to secure admission to best talents and to improve the standard. ( 9 ) THE act on the part of the respondent No. 2 in not considering the case of the petitioners for non-clinical subjects merely because they have not cleared their 3rd, MBBS examination within 3 attempts, is not correct in view of the provisions of the Rule itself. They ought to have been considered for the post-graduate degree course in non-clinical subjects. But in the instant case on account of the interim order passed by this Court on 25. 4. 1996 the respondents were directed to consider the petitioners for non-clinical subjects. The relevant portion of the said interim order passed on 25. 4. They ought to have been considered for the post-graduate degree course in non-clinical subjects. But in the instant case on account of the interim order passed by this Court on 25. 4. 1996 the respondents were directed to consider the petitioners for non-clinical subjects. The relevant portion of the said interim order passed on 25. 4. 1996 is running as under:"as pointed out above, the rules thus make a clear distinction between eligibility criteria of clinical subjects and non-clinical subjects and for the candidates joining studies in non-clinical subjects are not rendered ineligible on account of number of attempt of in clearing MBBS Examination. If on considering their case, the petitioners are found in order of merits by averaging the marks of attempts in the subjects in which they had failed earlier, they be given admissions in order of their merits. "accordingly the petitioner No. 1 was given admission for post-graduate degree course in non-clinical subjects. Petitioner No. 2 could not get admission for post-graduate degree course in non-clinical subjects of his choice on merits and he was given admission in post-graduate diploma course in the subject of his choice in view of the interim order passed on 27. 4. 1997. The interim relief further passed on 21. 3. 1997 also has directed to consider the case of the petitioner No. 2 for admission in post-graduate degree course in non-clinical subject. Mr. Tanna further urged before me that their claim for the admission in the post-graduate degree course in January 1996 ought to have been considered and this court should direct the respondents to give them admission for that year. But as stated earlier in view of the interim order passed on 24. 4. 1996 the petitioners claim for admission in post-graduate medical course in non-clinical subjects was already considered. It must be also mentioned that after the said consideration of the petitioners for getting admission in clinical subjects the petitioner No. 2 who did not get admission for PG degree course had till today not made a grievance that in January 1996 a candidate having the less percentage of marks than him was given admission for the PG degree course in the subjects of his choice. It must be also mentioned that in view of interim order passed by this Court the petitioner No. 2 was considered for getting admission in PG course in March 1997. It must be also mentioned that in view of interim order passed by this Court the petitioner No. 2 was considered for getting admission in PG course in March 1997. Therefore, there is no question of giving any further directions by way of final relief in view of the finding arrived at by me, viz. , that for non-clinical subjects there is no condition that third years MBBS must be cleared within 3 attempts. ( 10 ) THUS it is hereby declared that the respondents were not justified initially in not considering the claim of the petitioners for admission for the post-graduate degree and diploma course in non-clinical subjects on account of their failure of not clearing the 3rd mbbs examination in 3 attempts but in view of the subsequent consideration of the petitioners for the PG course in non-clinical subjects in pursuance of the interim order passed by this Court, nothing survives in favour of the petitioners. Therefore, Rule is made absolute only to the effect as indicated above. In the circumstances the parties are directed to bear their own costs. .