T. Nandakumar Singh, J.— Bythis writ petition, filed by six petitioners, is challenging the recommendation of or/declaring successful the private respondents (except the private respondent Nos.7 and 34) who had not completed "compulsory rotating internship" on the last date/closing date for submission of forms which was the date for determining age and essential qualifications for the post of Manipur Health Services, (MHS) Grade-IV, (Medical Officers) by the Manipur Public Service Commission (MPSC) for appointment to the post of MHS Grade-IV (Medical Officers) vide notification dated 25.10.2010 (Annexure-A/7 to the writ petition) and also notification/advertisement dated 27.03.2010 for the post of Medical Officers (MHS Grade-IV). 2. Heard MrAJBimol, learned counsel ror the petitioners, Shri S.Neploean, learned GA appearing for respondent Nos.2 to 4, Mr. I. Lalitkumar, learned senior counsel appearing for respondent Nos. 1, Mr. B.P. Sahu learned counsel for respondent Nos. 14, 19 and 23 as well as Mr.N. Jotendro, learned counsel appearing for respondent Nos. 20, 22, 27 and 30. None appeared for the other private respondents without showing any reason inspite of proper service of notice of this writ petition to them. 3. FACTUAL BACK GROUND: in exercise of power conferred by proviso to Article 309 of the Constitution of India, the Governor of Manipur was pleased to make the Rules called "Manipur Health Services Rules, 1982" vide notification No. 1/22/79 (Rules)/DP, Imphal dated 06.01.1982. Rule 4 of the MHS Rules, 1982 classified the different grades of MHS, i.e. Grade-I, Grade-II, Grade III, Grade-IV and Grade-V. Rule 7 of the MHS Rules, 1982 provides the mode of recruitment to MHS and under (1) (a) of Rule 7 direct recruitment to any grade of the service including specialist posts in the grade shall be made on the recommendation of the Commission (Manipur Public Service Commission). Qualifications for direct recruitment to various grades of the service are specified in Schedule II of the MHS Rules, 1982 under Rule 7(1) (b). Under the Manipur Health Service Rules (Amendment) Rules, 1991, Rule 4 of MHS Rules, 1982 had been amended vide Notification No.1/51/83-MHS/DP/Imphal 12th July, 1991. Qualifications for direct recruitment to various grades of the service are specified in Schedule II of the MHS Rules, 1982 under Rule 7(1) (b). Under the Manipur Health Service Rules (Amendment) Rules, 1991, Rule 4 of MHS Rules, 1982 had been amended vide Notification No.1/51/83-MHS/DP/Imphal 12th July, 1991. Under the amended Rule 4 of the MHS Rules, 1982 different grades of the MHS have been classified as; (1) Special Grade, (2) Grade-I, (3) Grade-II, (4) Grade-III (5) and Grade-IV; and MHS Grade-V, under the un-amended/old Rule 4 of the MHS corresponds to Grade- IV of the amended Rule 4 vide order of the Governor ofManipur being No.1/6/91-M(pt) B, Imphal the 1st July, 1993. Under Rule 16 of the MHS Rules, 1982, Governor ofManipur may, in consultation with the Commission, relax any provisions of the Rules of MHS Rules, 1982 to such extent as may be necessary to ensure satisfactory working of the Rues or to make any inequitable result, and the power of relaxation shall not be exercised so as to relax the essential qualification prescribed for appointment by any of method specified in the Rules (including promotion) or the provisions regarding pension and age of retirement. The Rule 16 of the MHS Rules, 1982 read as follows: "16. Relaxation: The Governor, may, in consultation with Commission, relax any provision of these Rules to such extent as may be necessary to ensure satisfactory working of these Rules or to remove any inequitable results. Provided that the power shall not be exercised so as to relax essential qualifications prescribed for appointment by any of the methods specified in these rules (including promotion) or the provisions regarding pension and age of retirement." 4. Schedule II [Rule 7(1)(b)] which prescribes the essential qualification for direct recruitment to different grades of the MHS read as follows: "SCHEDULE-II [Rule-7(lXb)] Essential Qualifications for Direct Recruitment S1 No. Age Qualification 1.Grade V Age:30years and below. [Grade IV under the amended Rule No. 4 vide order of the Govt. of Manipur dated 01.07.1993. (i) Possession of recognized Medical qualification included in the First or Second Schedule oor Part-II of the Third Schedule (other than Licentiate qualifications) to the Indian Medicle Councvil Act, 1956. Holders of educational qualifications included in Part II of the Third Schedule should fulfll the codition as stipulated in Sub-section (3) of Section 13 of the Indian Medical Council Act. 1965. Holders of educational qualifications included in Part II of the Third Schedule should fulfll the codition as stipulated in Sub-section (3) of Section 13 of the Indian Medical Council Act. 1965. (ii) Completion of compulsory rotation internship. fications) to the Indian Medical Council Act, 1956. Holders of educational qualifications included in Part II of the Third Schedule should fulfill the condition as stipulated in Sub-section (3) of Section 13 of the Indian Medical Council Act, 1965. Completion of compulsory rotating internship. 2. Grade-IV (new Grade-III) Age: 40 years and below. For Special posts: (i) Possession of a recognized Medical qualification included in the First or Second Schedule or Part II of the Third Schedule (other than licentiate qualifications) to the Indian Medical Council Act, 1956. Holders of educational qualifications included in Part II of the Third Schedule should fulfill the condition stipulated in sub-section (3) of Section 13 of the Indian Medical Council Act, 1956. (ii) Three years experience in the medical profession after registration as a medical graduate. (iii) Possession of the appropriate qualification prescribed in Part A or B of Annexure to Schedule II of these rules. 3. Grade-II Age: 50 years and below. For Specialist post: (i) Possession of a recognized medical qualification included in the First or Second Schedule or Part II of the Third Schedule (other than licentiate qualifications to the Indian Medical Council Act, 1956). Holders of educational qualifications included in Part II of the Third Schedule fulfil the conditions stipulated in sub-section (3) of Section 13 of the Indian Medical Council Act, 1956. (ii) Possession of the appropriate qualification as prescribed in Part A or B of Annexure to Schedule II. (iii) If qualification possessed is as in Part A of Annexure to Schedule II, 3 years experience in a responsible position connected with the appropriate speciality after registration as medical graduate. If the qualification possessed is as in Part B of Annexure to Schedule II, 5 years experience in a responsible position connected with the approptiated speciality after registration as medical graduate. (iv) 10 years standing in the medical profession. (v) Extensive practical and administrative experience in the field of medical relief, medical research, medical education or public health organization. 4. (iv) 10 years standing in the medical profession. (v) Extensive practical and administrative experience in the field of medical relief, medical research, medical education or public health organization. 4. Grade-I Age : below 50 years and below (i) Possession of a recognized medical qualification included in the First or Second Schedule or Part II of the Third Schedule (other than licentiate qualifications) to the Indian Medical Council Act, 1956. Holders of educational qualifications included in Part II of the Third Schedule should fulfill the conditions stipulated in sub-section 3 of Section 13 of the Indian Medical Council Act, 1956. (ii) Possession of the qualifications prescribed in Part A or B of Annexure to Schedule II. (iii) 19 years standing in the medical profession. (iv) Extensive practical and administrative experience in the field of medical relief/medical research, medical education or Public Health Organization. Explanation: Appropriate qualification means with reference to a Specialist post concerned with a particular speciality the Post Graduate qualification in that speciality. Provisions for relaxation applicable to all grades and Specialist posts Upper age limits specified above for recruitment to various grades are relaxable: (i) In the case of Government servants to the extent of service rendered by them under the Government of Manipur. (ii) In the case ef members of Schedule Castes and Schedule Tribes as required by statutory provisions pr executive order of Government. Experience specified above for recruitment to various grades including Specialist posts is relaxable at the discretion of the Commission in case of candidates otherwise well qualified. 5. The MPSC (Manipur Public Service Commission) issued advertisement being No.7, Imphal dated 12th October, 2006 inviting applications from eligible candidates for appointment to 26 posts of Medical Officers in Grade-IV of the MHS. The essential qualifications for appointment of MHS Grade-IV mentioned in the said advertisement are the essential qualifications for appointment by direct recruitment to the MHS Grade-IV mentioned in Schedule II to the MHS Rules, 1982 as prescribed under Rule 7(1) (b) of the MHS Rules, 1982; and the advertisement dated 12.10.2006 clearly mentioned that closing date for issue and receipt of application forms, determining of age and completion of Rotating Internship will be 15.11.2006. For easy reference, advertisement dated 12.10.2006 is quoted hereunder "No.7/10/2006-MPSC(DR) MANIPUR PUBLIC SERVICE COMMISSION Applications are invited for the following posts: 1. Department of Health, Manipur. For easy reference, advertisement dated 12.10.2006 is quoted hereunder "No.7/10/2006-MPSC(DR) MANIPUR PUBLIC SERVICE COMMISSION Applications are invited for the following posts: 1. Department of Health, Manipur. Name of Post - Manipur Health Services Grade-IV (Medical Officee) Number of Posts - 26 (twenty six) (Gen-16,ST-9andSC-l) Scale of Pay- Rs.8,000-13,500/-with usual allowances. Essential Qualifications (i) Possession of a recognized Medical qualification included in the First or Second Schedule or Part II of the Third Schedule (other than Licentiate qualification) to the Indian Medical Council Act, 1956. Holders of educational qualifications included in Part II of the Third Schedule should fulfill the condition as stipulated in Sub Section (3) of Section 13 of the Indian Medical Council Act, 1956. (ii) Completion of Compulsory Rotating Internship. AGE: 35 years and below. Upper age limit is relaxable by 5 years for ST/SC and 3 years for OBC NB: 1. See details in the information for candidates attached with the application form. XXXXXXXXHalf JudgementXXXXXXXXXX