ORDER Mishra, J. -- 1. The writ petition has been preferred by the petitioner assailing vires of Rule 1.20.9 of the Rules called 'M.P. Medical and Dental Post Graduate Course Entrance Examination Rules, 2008 (hereinafter to be referred to as 'the Rules of 2008'). 2. The aforesaid provision has been assailed as illegal and arbitrary by the petitioner on the ground that in case of non-availability of eligible candidates of ST category, in-service candidates, the seats should have gone to the corresponding category candidates of open candidates, it should not have been permitted to be filled by SC category in-service and in case no SC/ST category in-service candidates are available, by GBC in-service candidates and in case no GBC in-service category candidate is available, by general category in-service candidates. It is submitted that aforesaid rule disturbs the ratio of a particular category candidates for whom the provision for reservation has been made. In the Rules for the year 2007 the seats to be filled by ST in-service category candidates in case remained vacant, they were to be filled by the corresponding category candidates of open competition. This year departure has been made. In the year 2006 also the provision was like framed this year, i.e., in the year 2008. 3. Shri Rajesh Maindiretta, learned counsel appearing for petitioner has submitted that the operation of the Rule 1.20.9 of the Rules of 2008 is going to create anomalous situation and going to disturb the percentage of reservation provided of SC/ST and GBC category candidates in the Post Graduate courses. He has submitted that in-service and open examination candidates should have been treated as one class only, consequently the seats of in-service ST candidates, if remain vacant should have been filled by ST category open examination candidates, that would have maintained the percentage of the reservation for ST category and for other categories in the colleges. There was no justifiable reason to depart from the rules of the year 2007 which contained the provision as per the case set up by the petitioner. The Rules 1.20.9. and 1.20. 10 of the Rules of 2008 are quoted below -- 1.20.9 : Counselling of I1z-Service candidates will be done first categorywise in the following sequence: 1. There was no justifiable reason to depart from the rules of the year 2007 which contained the provision as per the case set up by the petitioner. The Rules 1.20.9. and 1.20. 10 of the Rules of 2008 are quoted below -- 1.20.9 : Counselling of I1z-Service candidates will be done first categorywise in the following sequence: 1. In-Service A. ST Category B. SC Category C. GBC Category D. Unreserved Category In case eligible In-Service candidates to the extent of reservations in any category are not available, the vacant seats of that category will be filled up by making available to other In-Service categories as given below-- (a) The vacant seats of ST category shall be filled up by the eligible SC category candidates. (b) The vacant seats of SC category shall be filled up by eligible ST category candidates. (c) In case the eligible candidates to the extent of reservation in ST and SC categories are not available, the vacant seats shall be filled up by eligible GBC category candidates. (d) In case the eligible candidates are not available in these three reserved categories in the above manner, the vacant seats shall then be filled up by the eligible Unreserved category candidates. 1.20.10. : Seats remaining vacant after counselling (allotment) of In Service candidates shall be made available to Non-Service (Open) candidates categorywise. Horizontal reservation for handicapped category is also provided under Rule 1.8.4, the same is quoted below -- 1.8.4. : For Physically Handicapped persons who are bona fide residents of Madhya Pradesh and who belong to ST, SC, OBC and Unreserved category, three per cent (3%) seats are reserved for admission to P.O. courses. Reservation will be horizontal. According to the above reservation if eligible candidates are not available the above mentioned seats shall be filled from the related category only. The candidate claiming admission against these seats will have to produce a valid certificate at the time of counselling, in the prescribed form from District Medical Board. Eligibility Certificate from Superintendent Vocational Rehabilitation Centre for Physically Handicapped, Government of India, Ministry of Labour, Napier Town, Jabalpur. (Seats show on Table-5). However, it will be governed by guidelines framed by MCI. Following disabilities are not eligible -- 1. Upper Limb Handicapped 2. Visually Handicapped 3. Hearing Handicapped 4. Eligibility Certificate from Superintendent Vocational Rehabilitation Centre for Physically Handicapped, Government of India, Ministry of Labour, Napier Town, Jabalpur. (Seats show on Table-5). However, it will be governed by guidelines framed by MCI. Following disabilities are not eligible -- 1. Upper Limb Handicapped 2. Visually Handicapped 3. Hearing Handicapped 4. Lower Limb more than 70% Handicapped Certificate of eligibility should not be more than 3 months old at the time of counselling. The Rule 1.20.11 with respect to non-service candidates is quoted below : 1.20.11. : Counselling of Non-Service candidates will be done according to following sequence categorywise : II. Non-Service A. ST Category B. SC Category C. OBC Category D. Unreserved Category In case the eligible candidates to the extent of reservations in any category, i.e., Non-service (Open) and Physically Handicapped are not available, the vacant seats of that category will be filled up by making available to other categories as given below -- (a) The vacant seats of ST category shall be filled up by the eligible SC category candidates. (b) The vacant seats of SC category shall be filled up by eligible ST category candidates. (c) In case the eligible candidates to the extent of reservation in ST and SC categories are not available, the vacant seats shall be filled up by eligible OBC category candidates. (d) In case the eligible candidates are not available in these three reserved categories in the above manner, the vacant seats shall then be filled up by the eligible Unreserved category candidates. A bare reading of the Rule 1.20.9 of the aforesaid Rules of 2008 makes it clear that the wisdom of the State Government is that the seats of in-service candidates should be filled firstly by the service candidates in order of categories prescribed therein. In case in-service ST category seats remains vacant, it has to be filled by in-service SC category candidates and in case no SC category in-service candidate is available then it has to be filled by the GBC in-service category candidate and then by unreserved category in-service candidate, thereafter in case the seat is not filled in aforesaid manner after counselling, seat/seats shall be made available to non-service open exam. candidates category wise as provided in Rule 1.20.10 of the Rules of 2008. 4. candidates category wise as provided in Rule 1.20.10 of the Rules of 2008. 4. In our opinion the Rules 1.20.9 and 1.20.10 of the Rules 2008 cannot be said to be illegal or arbitrary as in-service category candidates form different class altogether and provision of reservation has been made for ST, SC and OBC category candidates and remaining seats are to be filled by unreserved category candidates. Similarly the reservation has been provided for non-service open category candidates categorywise, Le., ST, SC, GBC and unreserved. Non-service open category candidates form a different class together. The rationale behind the rule is that in-service quota seats should be filled by in-service candidates firstly and in case they remained vacant, they are to be given firstly to the ST, thereafter to SC and thereafter to OBC and then to unreserved candidates in both classes. 5. Shri Rajesh Maindiretta has relied upon Rule 1.8.4 which provides reservation of physically handicapped persons. The aforesaid provision provides horizontal reservation. The seats which remain vacant shall be filled up from related category only as that is the horizontal reservation for SC, ST, GBC and Unreserved category. Obviously seats are to be filled by related category only. As in-service candidates form a different class, it cannot be said that the seats of in-service candidates without rotating them amongst in-service candidates should have been given directly to the non-service open examination candidates that would disturb the ratio of in-service and open category candidates and take away the seats reserved for benefit of in-service candidates. Both the classes are entirely different, we do not find any illegality or arbitrariness in the Rules 1.20.9 and 1.20.10, provision for reservation is separately provided in both the categories. In case seat remains vacant of a particular category, in what manner they have to be filled is specifically provided in the aforesaid rules. We do not find that the aforesaid rules are violative of Art. 14 of the Constitution in any manner. 6. Writ petition is devoid of merit, same is hereby dismissed.