JUDGMENT The petitioner has by this petition prayed that the Executive Instruction/rule 3 (iv) (a) of the M.P. Medical and Dental Post Graduate Examination Rules, 1997 requiring five years of regular service may be quashed and the petitioner may be granted admission in Pre-Post Graduate three years' course. The petitioner passed his MBBS examination from Jabalpur Medical College and was appointed in Government service by order dated 24.9.1990 as Assistant Surgeon and has already completed seven years of Government service. Thereafter by order dated 30.5.1997, the petitioner was declared to have completed his probation on the post of Assistant Surgeon from 15.10.1993. The petitioner applied for Pre-Post Graduate Entrance Examination of 1996-97 as an in-service candidate being an Assistant Surgeon. He stood at number 11th in the merit list of Assistant Surgeons. The petitioner was then called for counseling by letter dated 26.3. 1997 to be held on 17.6.1997 but the petitioner could not be admitted to the Post Graduate Course on the ground that he had not completed the requisite length of service as per Rule/Executive Instruction 3 (iv) (a) of Rules of 1997. Rule/Executive Instruction 3 (iv) (a) of the said rules reads as under : "Only such Assistant Surgeons working under the Government will be eligible to be sponsored for the course who will be completing five years of service after their selection by the Madhya Pradesh Public Service Commission or their regularisation, as the case may be, on or before 30th April of the year in which the examination is held. This period shall be counted from the date of joining the service after selection from Public Service Commission or their regularisation as the case may be." According to this rule, the incumbent's regular service is to be counted. As the petitioner had not completed five years of regular service, therefore he could not be given admission to the Post Graduate Course. Hence, the petitioner challenged the said provision by this writ petition. As pointed out in the return filed on behalf of the respondents, the petitioner was subsequently granted sponsorship certificate (Annex/R1) dated 16.12.1997. As a result of this, the bar coming in the way of the petitioner for calling him for counseling had been taken out. However, the petitioner was kept in the wait list, his choice of speciality was Paediatrics. As pointed out in the return filed on behalf of the respondents, the petitioner was subsequently granted sponsorship certificate (Annex/R1) dated 16.12.1997. As a result of this, the bar coming in the way of the petitioner for calling him for counseling had been taken out. However, the petitioner was kept in the wait list, his choice of speciality was Paediatrics. One seat of All India Quota of Paediatrics allocated to the candidate belonging to the ST category by draw of lot is lying vacant. So far as the question of deciding the validity part of Rule 3 (iv) (a) of the Rules of 1997 is concerned, the same does not arise now because the Government has already granted sponsorship certificate to the petitioner. Therefore, no relief of declaring the aforesaid provision as ultra vires can be granted in this case. So far as the admission of the petitioner in the Post Graduate Course in the discipline of Paediatrics is concerned, no direction can be given by this Court. It is for the State to consider whether against the seat which has been earmarked for Scheduled Tribe candidate, the petitioner's case can be considered for admission as per rules or not. Learned counsel for the petitioner submits that he has already submitted a representation for considering his case for admission in PG course in Paediatrics against the seat earmarked for Scheduled Tribe candidate. It is directed that if the petitioner's representation is pending, the State Government may decide the same in accordance with the rules within a period of one month. With the above direction, this petition is disposed of. There shall be no order as to cost.