Judgment ( 1. ) INVOKING the extraordinary jurisdiction of this Court the petitioner has prayed that Rule 10 (2) (b) (d) and Rule 10 (3) of M. P. Medical Dental Postgraduate Entrance Examination Rules, 2007 (for short the 2007 Rules) be declared ultra vires the Article 14 of the Constitution and further to issue a mandamus the the respondents to treat him as an in-service candidate from the rural area for the purpose of grant of weightage regard being had to the weightage conferred for posting in such areas. ( 2. ) AT the very outset it is condign to mention that on 10-3-08 the learned counsel for the petitioner abandoned the challenge to the Rules inasmuch as the Rules had been declared intra vires in of Dr. Arvind Bhatia Vs. State of M. P. and others, air 2007 MP 196 . This Court on the said date recorded abandonment of the prayer and kept the other issues alive. Thereafter on 17-3-08 this Court passed the following order: is submitted by Mr. Rajendra Tiwari, learned senior counsel being assisted by Mr. Gupta that the controversy involved in the case at hand would rest on a singular ground, namely, whether the station which is treated as rural posting for compulsory rotating internship would be excluded for awarding marks for in-service candidates. To bolster his submission he has drawn our attention to the order dated 31. 3. 2007 as contained in Annexure P-12. On a scrutiny of the same it is revealable that interns have been posted at Agar which finds mention at serial no. 9 and is treated as rural posting. The seminal question that emerges for, consideration is whether pasting to such place would enure benefit to the in-service candidate who is holding the posting there for a period of eight years. Mr. Deepak Awasthy, learned Government Advocate shall file an affidavit exclusively in this regard. The affidavit shall also indicate on what foundation/base Agar is treated as station for rural posting. In view of the, aforesaid, the spinal issue that requires advertence is whether the petitioner by virtue of his posting at Agar in the district of Shajapur can be conferred weightage as postulated in the Rules. ( 3. ) RULE 2 of 2007 Rules is the dictionary clause. Rule 2 (d) defines in-service candidate. It reads as under: "in-Service Candidate" means, 1. ( 3. ) RULE 2 of 2007 Rules is the dictionary clause. Rule 2 (d) defines in-service candidate. It reads as under: "in-Service Candidate" means, 1. Medical officer of Public Health and Family Welfare department, who is serving under the Government of Madhya pradesh and not serving on contract basis; 2. Demonstrator working on regular basis in Medical colleges under Medical Education Department Demonstrator working on contractual basis, will be not eligible. Rule 2 (f) defines rural areas. It reads as under: "rural area" means the area other than Municipal corporation and Municipal Council area. " Rule 10 deals with examination and merit list of in-service candidate. Rule 10 (2) deals with inter-se merit of Medical Officer. Rule 10 (3) deals with grant of benefit to demonstrators. To get the complete picture frescoed it is apt to reproduce rule 10 in entirety. "10. Examination and Merit List: (In-service candidates) (1) There will be one common entrance examination for Post Graduate entrance conducted by Professional examination Board. The In-service candidates will be selected on the basis of the same entrance examination. The In-service candidates shall have to secure minimum qualifying marks in the Pre-P. G. Entrance Examination. As prescribed in those rules for admission. The Professional Examination Board will prepare and declare separate merit list of selected In-service candidates. Total marks for the examination for In-service candidates shall be 200. Such In-service candidates, declared successful will be considered for final merit list by addition of marks calculated on the following basis. (2) Medical officer The inter-se merit of the selected In service candidate shall be fixed up by adding marks of weightage for their services rendered in rural areas. The candidates serving in rural area will get maximum of 50 marks, alloted on the following basis:- (a) For Government service of one year duration white posted in rural area a weightage of maximum 06 marks will be given. For the service in rural area, the maximum gain of marks will be 30 or 20 as per following marks for one year each, for five years. For the service in rural area, the maximum gain of marks will be 30 or 20 as per following marks for one year each, for five years. If the regular service are rendered in Primary Health centre or Community Health Centre situated in rural area then 06 marks will be given for one year and if regular services are rendered in primary Health Centre or Community Health centre in Nagar Panchayat Area, which has been formed under the "municipalities Act, 1961" then 04 marks will be given for one year. (b) For every year of regular service, 04 additional marks will be given, if the rural area comes under tribal sub plan. If such services are rendered in Primary Health Centre the candidate will get maximum 20 additional marks at the rate of 04 additional marks per year for five years and for rendering such regular services at community health center, the candidate will get total additional 10 marks at the rate of 02 marks per year for five years. (c ) For the purpose of this rule, the period of service of candidate while posted in rural area or Nagar Panchayat area or tribal area and if,he/she was on unauthorized absence from duty/any dies non period/any period of leave without pay/any period on training exceeding 2 month/attachment in urban area during the tenure of rural service will not be counted for the purpose of calculation of marks for weightage of rural service. (d) The final merit of In-service candidates will be prepared by Professional Examination Board for counselling on the basis of marks obtained in entrance examination (equivalent to 200 marks) and marks secured for weightage of rural/tribal area service (equivalent to maximum 50 marks)thus a total of 250 marks. (e) In case of two or more candidates obtaining equal marks, the inter-se merit will be decided as per procedure described in sub-rule (2) of rule 19. (f) The counselling of In-service candidates will be done by the Medical Examination Department. (3) Demonstrator-Demonstrator will be, given 10 marks for each year of service after 5 years of minimum service rendered whose maximum limit shall be 50 marks for 5 years. The marks will be allotted to by the Dean of the concern college. " ( 4. (f) The counselling of In-service candidates will be done by the Medical Examination Department. (3) Demonstrator-Demonstrator will be, given 10 marks for each year of service after 5 years of minimum service rendered whose maximum limit shall be 50 marks for 5 years. The marks will be allotted to by the Dean of the concern college. " ( 4. ) THE averments made in the petition which are relevant for the purpose of determination of grant of weightage to the petitioner are only to be stated as other pleadings have paled into insignificance because of abandonment of challenge to the constitutional validity of the Rules. It is contended in the petition that Agar is a small Tahsil having population of 40,000 to 50,000. Although it is municipality but mostly the composition of the municipalities covered by the rural villages. Reference has been to Section 5 of the M. P. Municipalities Act, 1961 which provides for constitution of municipal Council and nagar Panchayat. As per definition of nagar Panchayat it is a transitional area which is in the transition from rural area to urban area and the municipal area is also a smaller urban area which is also in transition from rural to urban. Therefore, as set forth, for all practical purposes municipal council is to be treated as an area akin to Nagar Panchayat. It is averred that there is no difference between Nagar Panchayat and Municipal council and Agar where the petitioner is catering to the needs of people of rural areas and for all practical purposes has to be treated as a Medical Officer working in rural areas. ( 5. ) A counter affidavit has been filed justifying the validity of the Rules. That apart, certain factual aspects have been highlighted. Keeping in view the abandonment of challenge tot he constitutional validity the stand and stance taken in the return in that regard need not be stated. As far as rendering of service of the petitioner in the rural area it has been asserted in the return that Medical officers who were working in the municipal area cannot be covered under the concept of rural area as the municipal council cannot be treated as a "nagar Panchayat. ( 6. As far as rendering of service of the petitioner in the rural area it has been asserted in the return that Medical officers who were working in the municipal area cannot be covered under the concept of rural area as the municipal council cannot be treated as a "nagar Panchayat. ( 6. ) A rejoinder affidavit has been filed by the petitioner contending, inter alia, that the first posting of the petitioner was made after his selection by the P. S. C. In zila Yojna Samiti, Shajapur, Agar. Agar is a Tahsil place surrounded by villages and while working at Agar the petitioner was Sector Incharge which includes cluster of 50 villages and he worked from 1-6-02 to 25-10-04. While working as assistant Surgeon in Agar the petitioner was required to visit villages in order to achieve national programme like vaccination, family welfare, antenatal checkups, blindness central programme. He also provides medical assistance to the villagers suffering and are unable to come to Agar. On 25-10-04 he was appointed as Block Medical Officer, Agar and his duties involved looking after 138 villages and he was administering treatment and providing medical aid for achieving national programme. It is also put forth that the petitioner has worked in Knad Village also while discharging his duties as a Sector Incharge or Block Medical Officer. Averments have been made that he has worked in many a hospital in rural area and has been given Rs. 50,000/- forgiving best servides to the rural areas. It is also contended that the Medical Education Department itself has posted interns for six months prior to posting as a rotating rural internship at Agar which would go a long way to show that Medical Department has been treating Agar as a rural area. An affidavit has been filed how the candidates who are placed lower in merit list have been extended the benefit of admission. ( 7. ) BE it noted, an affidavit has been filed by the Director, Public Health and family Welfare stating that Agar is notified as a municipality having 18 wards. It is also set forth therein that students are posted for six months rural posting as a part of one year compulsory rotating internship -and that cannot be equaled as rural service and that by itself would not make Agar a rural area. ( 8. ) WE have heard Mr. It is also set forth therein that students are posted for six months rural posting as a part of one year compulsory rotating internship -and that cannot be equaled as rural service and that by itself would not make Agar a rural area. ( 8. ) WE have heard Mr. Rajendra Tiwari, learned Senior Counsel along with mr. Amitabh Gupta for the petitioner and Mr. Deepak Awasthi, learned Govt. Adv. For the State. ( 9. ) SUBMISSION of Mr. Tiwari, learned senior counsel is that when the, Rule provides coferral of weightage to a Medical Officer for his posting in rural area regard being had to the, duration, the, petitioner cannot be deprived of the said weightate inasmuch as the has really served in the rural area and faced the problems of ground reality. It is urged by him that rural posting should not be understood in a pedantic manner and it would be appropriate to abandon the doctrinaire approach and assess the essential concept of rural. Learned senior counsel submitted that rule 10 (2) uses the terms service in rural area and the said terms should be given expanded meaning and in its connotative expanse should be construed including the service rendered by doctors who might have been posted in an area which comes within the municipality but fundamentally require the service in rural area. Emphasis, submits Mr. Tiwari, has to be on the purpose of rural service but not the literal understanding of "rural area" by adopting ultra technical approach as has been done by the authorities. Learned senior counsel has further canvassed that the State Govt. in the Department of Community and Medicines while treating the posting at Agar for intern as rural posting, it is contradictory in terms that it would not take into consideration the posting of the petitioner at Agar as part of rural service for conferral of weightage of Admission Rules, 2007. ( 10. ) RESISTING the aforesaid submissions it is contended by Mr. Deepak Awasthi, learned Govt. Adv. For the State that the Rules categorically define what is rural area and when there is meaning given to a term, it would be inapposite to extend the meaning. ( 10. ) RESISTING the aforesaid submissions it is contended by Mr. Deepak Awasthi, learned Govt. Adv. For the State that the Rules categorically define what is rural area and when there is meaning given to a term, it would be inapposite to extend the meaning. It is put forth by him that if the contentions of the petitioner is accepted it will usher in chaos inasmuch as in the State of M. P. there are many municipalities which is adjacent to rural areas haying interior base and if the Medical Officer is posted in such a municipality and allowed to work then the members who are posted in interior areas would be deprived of the same. Regard being had to the said concept the Rule has made a classification between the Medical Officer rendering services in rural area and other categories. It is propounded by Mr. Awasthi, that once the validity of the Rule has been upheld the same has to be respected from all spectrums and no bending should be made to include a particular person or a category or to analyse the facts to scrutinse to give the benefit as that would tantamount to subverting the very purpose of the rule. Learned Governed advocate submitted that the Rule of purposive construction is not attracted to the case at hand as the language is unambiguous, clear and also has a definite purpose. ( 11. ) WE have already reproduced the relevant rules in question. Rule 2 (f) defines rural area to an area other than municipal corporation area and municipal council area. As per document Ann. R-1 attached to the affidavit by the Director, Public Health and Family Welfare the State Govt. by notification No. 68-XVIII-III-94 dated 13-7-1994 published in M. P. Rajpatra (Ashadharan) dated 13-7-1994 P. 674 (2 ). as amended by Niotification dated 2-7-1999 published in Rajpatra Part-2, dated 16-7-99 P. 154 in exercise of the powers conferred by sub-Section (1) of Section 29 of M. P. Municipalities Act, 1961 (No. 37 of 1961) and in supersession of all previous notifications issued on the subject has determined the number of wards specified in corresponding column (3) of the said Table. In the said notifications in column No. 2 the name of municipalities and in column (3) number of wards are mentioned. In the said notifications in column No. 2 the name of municipalities and in column (3) number of wards are mentioned. Agar, situate in District, Shajapur, has been placed at serial number 29 and it has been stated that it contains 18 wards. From the aforesaid notification it is clear as day that Agar is a municipality. ( 12. ) RULE 10 (2) postulates that weightage of marks shall be given for government service to a Medical Officer in rural area. Rule 2 (f) defines rural area. The definition is clear and unambiguous. It is an area which is other than municipal corporation or the municipal council area. The municipal area has been defined in municipal Corporation Act, 1956 as under:- "2 (34-a) "municipal area" means the territorial area of a Municipal Corporation as is notified by the Governor under sub-section (2) of Section 7 of this Act. " Municipality area has been defined in Municipalities Act, 1961 which is as under;- "2 (18-a) "municipal area" means the smaller urban area or the transitional area, as the Governor may, by public notification, specify, in accordance with the provisions laid down in Section 5 of this Act. " On a perusal of both the provisions it is vivid that certain positive actions are to be taken by the Governor by issuing public notification. Agar has been notified to be a municipal area. Thus, it cannot be construed as a rural area under rule 2 (f) of the Rules. ( 13. ) SUBMISSION of Mr. Tiwari, learned senior counsel is that when the Medical department treated Agar to be a rural posting for inters there is no justification not to treat rendering of service by the petitioner at Agar as service in rural area. The aforesaid submission on a first blush looks quite attractive but on a keener scrutiny it pales into insignificance. The interns are not the Medical Officers. They are not in-service candidates as the dictionary clause stipulates in-service candidate to mean Medical Officer of Public Health and Family Welfare department who is serving under the Government of India and not serving on contract basis. Six months rural posting given to interns is a part of one year compulsory rotating internship and it cannot be equated with rendered services. Thus, reliance placed on the said document is totally misconceived and, therefore, the submission is unacceptable. ( 14. Six months rural posting given to interns is a part of one year compulsory rotating internship and it cannot be equated with rendered services. Thus, reliance placed on the said document is totally misconceived and, therefore, the submission is unacceptable. ( 14. ) IT is also urged by Mr. Tiwari that a benevolent and beneficial approach has to be taken while construing the terms rural service. In quintessentiality his proponement is that the conferral of weightage for service in rural area has to be leniently understood. It is urged by him that if a medical officer is actually working in rural area and serving rural public should be extended the benefit. The aforesaid submsision would have deserved delineation but when the rural area has been defined in a categorical, unambiguous and definitive manner, departure from the same would cause violence to the rules. That apart, as we are disposed to think, the same really does not require any purposive construction as there are Medical officers who are working in rural area which are well demarcated. ( 15. ) A stand has been taken that the petitioner has never denied to accept the posting in a rural area. Be that as it may. the weightage having been attached to rural service and same being distinct and definite its benefit cannot be extended as that would usher in chaos because an endeavour has to made to find out who is actually rendering service in rural area. The rule making authority to avoid that kind of confusion has given a clear-cut definition. It has a purpose and the purpose is to avoid any kind of confusion and assertion of unwarranted claims. As Agar is a municipality in the District, Shajapur and is excluded by the definition clause we are afraid, he cannot be regarded as a Medical Officer who has rendered services in rural area and hence, is entitled to weightage of marks. ( 16. ) IN view of the foregoing analysis, there is no substance in the writ petition and accordingly the same stands dismissed. There shall be no order as to costs. Petition dismissed