Judgment ( 1. ) In these three writ petitions common question which arises for consideration is whether the period spent by the petitioners in the Diploma Course can be counted towards the Degree course MD/MS in the same subject. ( 2. ) In W.P. No. 1522/2002 petitioner No. 1 is student of MD, Pathology and petitioner No. 2 is student of MD, Paediatrics; the petitioners after completing the MBBS course appeared in Pre Medical and Dental Post Graduate Entrance Examination, 1999 conducted by Board of Professional Examination, M.P., Bhopal and were allotted as per their merit the Post Graduate Diploma course in Pathology and Diploma in Child Health respectively in Gandhi Medical College, Bhopal in June, 1999. Petitioners submit that as per Medical Council of India and as per Rule 10 (3) of M.P. Medical and Dental Post Graduation Examination Rules, 1997, a student or candidate may be permitted to change the seat subject to the availability of the vacancy. Rules framed by the Medical Council of India and State of M.P. and Professional Examination Board provides for change and allotment of seat from PG Diploma Course to PG Degree Course in a case a seat is available. Petitioners applied for change of seat of PG Diploma to PG Degree course in the same subject and they were allotted the seats of PG Degree Course in the same Medical College. PG Diploma course is of two years while PG Degree course is of three years, the studies of 1st year of both the courses are one and the, same; considering the similarity if a candidate is admitted to the PG Course and has done Housemanship/training is entitled to exemption up to maximum period of one year in the duration of training for the PG Degree Course. Medical Council of India has issued a circular (P-2) to count period spent in, diploma towards degree course if the change over to the Degree course is in the 1st Academic year of the degree course. Petitioners claim exemption of one year in duration of respective PG Degree course. They submitted an application. Though petitioner No. 2 was given exemption but the exemption of one year has been cancelled as per order (P-4), passed on 7-2-2001 giving reference of the directions of Medical Council of India. Petitioners claim exemption of one year in duration of respective PG Degree course. They submitted an application. Though petitioner No. 2 was given exemption but the exemption of one year has been cancelled as per order (P-4), passed on 7-2-2001 giving reference of the directions of Medical Council of India. Petitioners submit that they have to waste valuable one year though they have completed one year of the same training. Other students have been granted exemption as mentioned in P-6, namely, Bhawna Tiwari, Jitendra Sengar, Vaishali Govila, Sanjeev Anand, Sameer Harshe and Vishal Agarwal. All have been granted exemption for one year and the said period of one year is of diploma is counted towards the PG Degree course. Petitioners submit that action is arbitrary, impermissible; as per rules, they are entitled for such an exemption. ( 3. ) In the return filed by respondents, it is contended that claim is contrary to the statutory regulations framed by Medical Council of India; the admission was made in the year 1999 in diploma course; on 12-10-2001 they were granted admission in M.D., Pathology and M.D. Paediatric; exemption can not be given from undergoing 1st year of degree course; MCI has refused to grant such an exemption. The guidelines (R-2) issued by Medical Council of India prohibits such a recourse. The clarification was sought from the MCI in the light of circulars (R-l) and (P-2); in view of the reply filed in contempt petition 361/2001, the MCI has clarified as per letter (R-3). In view of the clarification (R-3), it is not possible to give one year exemption; there is no arbitrariness or malafide or illegality in the order/action; there is no discrimination as respondents have acted as per rules and guidelines of MCI. ( 4. ) In W.P. No. 1520/2002 petitioner was admitted in Post Graduate Diploma Course (LO) in Netaji Subhash Chandra Bose Medical College, Jabalpur and was allowed to switch over to MS (ENT) in the same subject pursuant to the direction made by this Court in W.P. No. 4879/2000, decided on 21-8-2000 (Annexure P-l). Petitioner claimed the counting of the period spent in the first year of the diploma course towards the degree course. Petitioner claimed the counting of the period spent in the first year of the diploma course towards the degree course. The petitioner relies on communication (P-3), dated 21-12-2001 which mentions that the period spent in the diploma course before changeover to the respective degree course be considered/counted towards duration of the P.G. Degree course provided the changeover has been in the first academic year of the degree course. Petitioner also relies on the Admission Rules (P-4) framed by the Professional Examination Board in the year 1999 when the examination in question for entrance in post graduate courses was conducted. Condition No. 3 contained under caption post graduate course provides candidates who are admitted to the Post Graduate courses and who have done "Housemanship or equivalent training" will be entitled to an "exemption" upto maximum period of "one year" in the duration of training for the post graduate course. An affidavit has been filed by the petitioner placing on record the decision X-l taken by the Deans of all Medical Colleges of M.P. on 30th June, 2001. The Deans decided that if a student has been initially granted admission in Diploma Course and the said Diploma Course is converted into degree course and further if no change in subject, then one years course of diploma shall be counted for the degree course. The respondents have adopted the return filed in W.P. No. 1522/2002. ( 5. ) In W.P. No. 1468/2002 petitioner Dr. Jyoti Singhai joined diploma of Ophthalmology on 3-6-99; the conversion from diploma to the MS Ophthalmology was allowed on 3-7-2001; petitioner joined MS Ophthal-mogloy on 20th July, 2000. The respondent Nos. 1 to 3 have adopted the return filed in W.P. No. 1522/2002. ( 6. ) The Medical Council of India/respondent No. 4, in return in W.P. No. 1468/2002 contends that the Medical Council of India had taken up the matter as to the duration of post graduate medical courses in its meeting held on 26th September, 2002 and as per minutes R-4-1 it is decided that a person holding a recognised two years post graduate diploma qualification is allowed one year exemption in the duration of the post graduate degree course if it is in the same subject and they have relied upon para 10 of regulation, 2000 framed by Medical Council of India which reads as under :- "10. Period of Training.- The period of training for the award of various post graduate degrees or diploma shall be as follows :- (1) Doctor of Medical (M.D.) I Master of Surgery (M.S.). : The period of training for obtaining these degrees shall be three completed years including the period of examination : Provided that in the case of student having a recognized two year postgraduate diploma course in the same subject, the period of training, including the period of examination, shall be two years." ( 7. ) On the strength of regulation, it is contended that the Medical Council of India permits relaxation of one year from the 3 years duration of PG Degree Course after completion of two years post-Graduate diploma qualification in the same subject. ( 8. ) Learned Counsel for petitioners contends that the period spent in first year of diploma course ought to have been counted towards the degree course; there is no different in the training given in the first year of diploma and degree course and some of the petitioners were allowed change on virtual completion of two years course of diploma, the MCI regulation provides for reducing one year for a diploma holder towards the degree course in the same subject thus, duration is reduced from three years to two years and as per the decision (X-l) in W.P. No. 1520/2002 of the Deans and also the fact that respondent/State of M.P. has earlier allowed counting of period of one year spent in diploma course towards the degree course, thus, respondent can not discriminate and reliance is also placed on condition No. 3 of the admission Rules framed in the year 1999 by Professional Examination Board which provides that candidates who are admitted to post graduate courses and who have done Housemanship or equivalent training will be entitled to an exemption upto the maximum period of one year in the duration of training for post graduate training course. The respondent/State of M.P. and Professional Examination Board is bound by the admission regulation framed in the year 1999 which governs the case of petitioners. They can not wriggle out of the same; reliance has also been placed on a decision of Single Bench of this Court rendered at Indore, Dr. Shalini Shrivastava (Khare) Vs. The respondent/State of M.P. and Professional Examination Board is bound by the admission regulation framed in the year 1999 which governs the case of petitioners. They can not wriggle out of the same; reliance has also been placed on a decision of Single Bench of this Court rendered at Indore, Dr. Shalini Shrivastava (Khare) Vs. State of M.P. and others, in W.P. No. 532/2002, wherein this Court has ordered counting of the period and has quashed the similar order on the ground that reasons have not been mentioned in the order refusing to count the period. ( 9. ) Shri R.S. Jha, learned Dy. Advocate General appearing for respondent Nos. 1 to 3 contends that period can not be counted as per the regulations framed in the year 1993 called M.P. Post Graduate Medical (MD/MS) and Dental (MDS) Courses Rules, 1993. The decision of the Deans can not override the rules and the instructions issued by the Medical Council of India. He has also placed reliance on decisions of the Apex Court to be referred later. ( 10. ) Pre PG Rules, 1999 framed for conduct of examination and admission which are regulations of Post Graduate Medical Education approved under Section 33 of the Indian Medical Council Act, 1956 by the Govt. of India provides under the heading "Post-graduate Medical Education", thus:- "With a view to improve the quality of training both academic and practical, it is recommended that:- (1) The post-graduate training be de-linked from housemanship. (2) The post-graduate training for the post-graduate degree under the category "Broad Specialities" and General Medicine and General Surgery shall be for three years and for diplomas two years after the completion of the compulsory pre- registration training and obtaining the degree and full registration with the State/Central Medical Council. (3) Candidates who are admitted to the Post-Graduate courses and who have done Housemanship or equivalent training will be entitled to an exemption upto maximum period of one year in the duration of training for the post-graduate course. This exemption shall be available for such a period as the Executive Committee after taking into account all relevant factors considers necessary." ( 11. This exemption shall be available for such a period as the Executive Committee after taking into account all relevant factors considers necessary." ( 11. ) It is clearly provided in the said rules of 1999 subject to which the petitioners appeared in the examination that candidates who have done "Housemanship" or "equivalent training" will be entitled to exemption upto maximum period of one year in the duration of training for post graduate course. These regulations have been approved under Section 33 of Medical Council of India Act by the Government of India and are binding on the Professional Examination Board and the State of M.P. The Deans of various medical colleges of State of M.P. took a decision X-l on 30th June, 2001 to count the period spent in diploma course towards the degree course in case there is no change of subject from diploma to degree course and instructions of 36 months are necessary for a degree course on such addition of period spent in diploma course. ( 12. ) Post Graduate Medical Education Regulations, 2000 are framed by the Medical Council of India with the previous sanction of the Central Government. Regulation 10 provides for the period of training. The regulation 10 of Regulations of 2000 is quoted below :- "10. Period of Training.- The period of training for the award of various post-graduate degrees or diplomas shall be as follows :- (1) Doctor of Medicine (M.D.)/Master of Surgery (M.S.). The period of training for obtaining these degrees shall be three completed years including the period of examination : Provided that in the case of students having a recognized two year postgraduate diploma course in the same subject, the period of training, including the period of examination, shall be two years." ( 13. ) The proviso to Regulation 10 (1) of MCI Regulation, 2000 makes it clear that in case of students having a recognised two year postgraduate diploma course in the same subject, the period of training, including the period of examination, shall be two years instead of three completed years. Thus, the Medical Council of India Regulation provides for giving relaxation of one year to the students having completed their diploma course in the same subject. The course of MD/MS in such a case is of duration of two years. ( 14. Thus, the Medical Council of India Regulation provides for giving relaxation of one year to the students having completed their diploma course in the same subject. The course of MD/MS in such a case is of duration of two years. ( 14. ) The two communications (R-3 and R-4) of MCI placed on record in W.P. No. 1522/2002; they are quoted below in extenso:- "Medical Council of India, Dated 7-7-2001. Sub.: Exemption of one year period for holders of recognised postgraduate diploma for the training of postgraduate degree course - effective date of implementation regarding. Sir/Madam, I am to state that the Post-graduate Committee of this Council at its meeting held on 12-6-2001 considered the various representation regarding effective date of exemption in the training period of the postgraduate degree course for holder of postgraduate diploma qualifications. The Committee decided as under which I am directed to convey forthwith for your information and necessary action:-"The Post-graduate Committee considered the number of representations/requests received from various individual institutions and noting that any provisions of the regulations are to be effective prospectively; decided that the effective date of exemption of one year period for holders of recognised post-graduate diploma who undertake post-graduate degree course in the same subject would be from the date of Gazette Notification i.e., 7th October, 2000." Yours faithfully, (Dr. P. Kumar) Deputy Secretary." "Dt. 21-12-2001 The Director of Medical Education, Satpura Bhawan, 6th Floor, Bhopal - 462 004. Sub.: Migration of post-graduate diploma holder students into postgraduate degree course - relaxation in degree course. Sir, Kindly refer to your letter No. 10976/4/PG/2001, dated 1-12- 2001, on the subject noted above, this is to inform you that as per regulation of the Council on "Post-graduate Medical Education" that the period spent in the diploma course before changeover to respective degree course be considered/counted towards duration of the P.G. degree course provided the changeover has been in the first academic year of the degree course. Yours faithfully, (Dr. P. Kumar) Deputy Secretary." ( 15. ) It is apparent from R-3 quoted above that one year exemption is available after 7th October, 2000 to the students possessing recognised post-graduate diploma. Letter (R-4) dated 21-12-2001 clearly provides that period spent in diploma course before changeover to respective degree course be considered/counted towards duration of the P.G. degree course provided the changeover has been in the first academic year of the degree course. Letter (R-4) dated 21-12-2001 clearly provides that period spent in diploma course before changeover to respective degree course be considered/counted towards duration of the P.G. degree course provided the changeover has been in the first academic year of the degree course. I find no contrary intendment in Regulation 10 framed by the MCI, than as mentioned in communication (R-4). On switch over in 1st academic year the period spent in diploma course can be counted towards the degree course. ( 16. ) Shri R.S. Jha, learned Counsel appearing for respondent Nos. 1 to 3 has placed reliance on regulation of 1993 framed by Medical Council of India; relevant portion of the same is quoted below: "Period of Training.- The prescribed minimum period of training for the award of various postgraduate degree/diploma shall be as follows :- (1) M.D./M.S.: From the year 1993 onwards, the minimum period of training for obtaining these degrees shall be three calendar years and the candidates can be admitted to this training after their full registration with the Medical Council (s). No exemption shall be given from this period of training of 3 years either for doing Housemanship or for any other experience or diploma." ( 17. ) The said regulation is of no help as Medical Council of India has itself framed the new regulation in 2000 which provides for relaxation of one year and based thereupon the communication (R-4) quoted above was made for counting of the period spent in 1st year diploma course towards the degree course. There is a change in the regulation made by Medical Council of India in the year 2000. Thus, regulation of 1993 can not prevail; moreover in the instant case not only there is a decision X-l taken by the Deans of the various medical colleges for counting the period, but the same is also provided in the Rules for admission framed by the Professional Examination Board approved under Section 33 of Medical Council Act, 1956 by Govt, of India as mentioned in the admission Rules, 1999; relevant portion quoted above indicates that one year relaxation is permissible in the duration of degree course in case "Housemanship" or "equivalent training" has been done. Thus, as per admission Rules, 1999 also in the duration of training for PG Course the maximum exemption can be granted up to the period of one year. Thus, as per admission Rules, 1999 also in the duration of training for PG Course the maximum exemption can be granted up to the period of one year. In the instant case, comparative chart has been filed by respondent Nos. 1 to 3 along with affidavit of Dr. G.W. Lanke, Asstt. Professor in Statistics and Demography, S.S. Medical College, Rewa; in that only difference pointed out is about the difference in teacher students ratio, duration of degree and diploma course in degree course there is requirement of submitting the thesis which is not there in the diploma course. There is no research work in diploma course; study of recent advance has to be under- taken by a student on his own volition only review and journals are also to be read. Such studies are not mandatory in diploma course. There is difference in examination system for degree; following difference has been pointed out in R-l. R-l filed with the affidavit dated 21-10-2002 is quoted below :- ANNEXURE R-l S. No. 1. Degree (M.D./M.S.) As per the M.C.I. Norms Teacher Student ratio is 1:1 for degree course Diploma As per the M.C.I. Norms Teacher Student ratio is 1: 2 for diploma course 2. Duration of degree course is three years Duration of diploma course is two years 3. In degree course includes writing of thesis, which should be submitted 6 months prior to appearing theory and practical examination. In diploma course no thesis work is allotted. 4. In degree course student spend first year in setting up research work, collection of references etc. No research works in diploma course 5. Study of recent advances annual reviews and journals are mandatory Such studies are not mandatory. 6. Examination pattern for degree course is extensive and exhaustive which includes M.D. Part I thesis and Part II theory and practical with viva vocae. There are four papers in theory. Examination pattern for diploma does not include Part I. Theory examination includes only three papers. 7. A set of four examiners conduct the examination A set of three examiners conduct the examination. 8. No mark-sheet is issued to candidate, as it is an award to certify that the candidate has satisfied the examiners to pass the exam. Mark-sheet is issued to the candidate. 9. As per M.C.I. Regulation a medical teacher (Assistant Professor and above) should hold a post Graduate Medical Degree. 8. No mark-sheet is issued to candidate, as it is an award to certify that the candidate has satisfied the examiners to pass the exam. Mark-sheet is issued to the candidate. 9. As per M.C.I. Regulation a medical teacher (Assistant Professor and above) should hold a post Graduate Medical Degree. Diploma holder can not became a Teacher (Assistant Professor and above) in Medical Colleges. ( 18. ) From the above, it is clear that except the difference in teachers students ratio, duration of the course, submission of thesis which is in addition is required in degree course and there is some change in examination pattern; no difference has been pointed out by the respondents in the 1st year of the training of the diploma course and training obtained in the 1st year of degree course. On the contrary Admission Rules, 1999 provides for counting of one year of Housemanship or equivalent training. The training obtained in diploma course is "equivalent training" to one which is imparted in 1st year of the degree course of same subject. There is no substantial difference pointed out or urged by the respondents before this Court. Thus, the respondents are bound by the Admission Rules of 1999 which have the statutory force and the decision taken by the Deans of Medical Colleges of M.P. is in tune with the admission Rules and the recommendation and regulation 2000 of the Medical Council of India also provides for relaxation of one year to a diploma holder if he is admitted to a post graduate course in the same subject. Relaxation is given of one year to such a candidate. The petitioners in the instant cases are claiming exemption to the extent of one year not beyond that. ( 19. ) Thus, in my opinion, the petitioners are entitled for relaxation to the extent of maximum one year spent by them in the same subject in the diploma course; that has to be counted towards the degree course. ( 20. ) Smt. I. Nair, learned Senior Counsel appearing for the Medical Council of India has also fairly stated that there does not appear to be any substantial difference in the 1st year training and one year relaxation is granted to diploma holders towards the degree course. ( 20. ) Smt. I. Nair, learned Senior Counsel appearing for the Medical Council of India has also fairly stated that there does not appear to be any substantial difference in the 1st year training and one year relaxation is granted to diploma holders towards the degree course. I do not find anything in regulation 10 of the MCI Regulation, 2000 prohibiting the counting of period of one year spent in diploma towards the degree course. Letter (R-4) of MCI supports the said formation of opinion. ( 21. ) Shri R.S. Jha, learned Dy. Advocate General has relied on decision of the Apex Court in Director, Medical Education, Lucknow and others Vs. Dr. Swapnil Chauhan, 2000(2) SLR 644 . The Apex Court considered the regulation quoted above of the year 1993 and held in Paras 4 and 5 that:- "4. According to learned Counsel for the respondent since the study course of Diploma (G and O) and M.S. (G and O) is to a great extent identical and she was already preparing her thesis, she should be permitted to appear in the examination for M.S. (G and O) as she had got admission in M.S. (G and O) course pursuant to the directions of the High Court with effect from 29th March, 1996 and had also pursued the diploma course. The argument is misconceived. The respondent continued to study in M.S. course only till 4th January, 1997 whereafter because of the stay order granted by this Court, she was not permitted to pursue that course. She has, therefore, not even put in one year course of study in M.S. According to the Medical Council of India the minimum period of training for the award of M.D./M.S. course from the year 1993 onwards is three calendar years. The relevant provision reads :- "Period of training.- The prescribed minimum period of training for award of various post-graduate degree/diploma shall be as follows:- (1) MD/MS, from the year 1993 onwards the minimum period of training for obtaining these decrees shall be three calendar years and the candidates can be admitted to this training after their registration with the Medical Council of India. (2) No exemption shall be given from this period of training of three years either for doing housemanship or for any other experience or diploma" 5. (2) No exemption shall be given from this period of training of three years either for doing housemanship or for any other experience or diploma" 5. The above provision makes it abundantly clear that no credit can be given to the respondent for the period of study for diploma for obtaining M.D./M.S. Three calendar years minimum training is an essential requisite for the award of postgraduate degree of M.D./M.S. which the respondent does not possess. That being the position the request of the respondent is wholly untenable." ( 22. ) The regulation 10 framed in 2000 by MCI now is totally different which is applicable in the case, thus, the said decision is of no use; more so in view of the Rules of admission, 1999 which has been approved by the Govt. of India. Similar provision did not come for consideration in Dr. Swapnil Chauhan (supra). ( 23. ) Shri Jha has also relied on Medical Council of India Vs. Sarang and others, (2001) 8 SCC 427 . Regulation 6 (5) of Medical Council of India on regulation of Graduate Medical Education, 1997 came for consideration. Regulation 6 (5) provides that a student will pursue 18 months of prescribed study before appearing for the 2nd Professional Medical Examination. The Apex Court held that regulation requiring completion of 18 months study in the college from which the student wants to appear in the examination is appropriately insisted upon. Migration is not normally allowed. The decision is rendered in different context and is of no assistance to the argument advanced by Shri Jha. ( 24. ) Shri Jha has also relied on Dr. Preeti Shrivastava and another Vs. State of M.P. and others, (1999) 7 SCC 120 , to contend that regulations framed by the Medical Council of India be followed in the matter of Higher Education. There is no dispute with the proposition, but the entrance Rules framed by the Professional Examination Board for the examination of 1999 provides for relaxation of one year in degree course which is also now provided by the MCI as per Regulation 10 of Regulation 2000 though for diploma holders, but there being no difference in the 1st year Diploma and degree course, in my opinion, as per condition mentioned in the Admission Rules, 1999 which has been approved by the Govt. of India under the Medical Council Act, 1956 have the statutory force and petitioners are entitled to relaxation of one year. ( 25. ) Resultantly the writ petitions are allowed. The respondents are directed to count the period spent by petitioners in diploma course to the maximum of one year for constituting 36 months of PG Degree Course in the same subject. Petitioners were allowed to appear in the examination under the interim orders passed by this Court. However, this Court ordered results not to be declared, their results be declared, in view of fact that writ petitions have been allowed. No orders as to costs. Writ Petitions allowed.MOHAMAD