JUDGMENT : Biswanath Rath, J.: All the above writ petitions filed by the Doctors eligible/ ineligible as against Advertisement No.04 of 2010-11 as well as Advertisement No.08 of 2011-12 greatly involving the judgment dated 3.5.2013 passed by the State Administrative Tribunal in Original Application No.3240 (C) of 2010 heard along with 66 other Original Applications. Looking to the commonness in the disputes, these matters are heard together and decided by this common judgment. 2. The factual matrix as available from Original Application No.3240(C) of 2010 is that this Original Application was filed by Doctor B.Maheswar Rao and 32 others on the submissions that the Orissa Medical Education Service Rules, 1979 prescribes four tire system in Orissa Medical Education Service i.e. Assistant Professor, Associate Professor and Professor and the posts of Registrar, Clinical Tutor, Demonstrator, Junior Surgeon, Junior Physician, Refractionist, Assistant Radiologist, Epidomicologist, Resident Pathologist, Curator, Assistant Dental Surgeon, Assistant Anesthetist, Anesthetist, Anesthetic Registrar were included as Junior Teaching Posts and called as Lecturers. Under Rule 3 (k) of the Orissa Medical Education Service Rules, 1979 “Teaching Experience” means the period of service rendered in those Junior Teaching Posts in a teaching institution recognized by the Indian Medical Council. Rule-4 prescribes appointment of Lecturers (Junior Teaching Posts) to be made by way of selection form amongst the Assistant Surgeons with at least one year experience through the Orissa Public Service Commission. The Orissa Medical Education Service Rules, 1979 was repealed from 11th February, 2009 on introduction of The Orissa Medical Education Service Rules, 2009. Since 2006 a proposal for restructuring of Medical Education Cadre in the State was under consideration of the State Government which got materialized and as published in the Gazette Notification No.6457 dated 4th March, 2008 resolved to restructure Medical Education Cadre in the State to a Three Tier system i.e. Assistant Professor, Associate Professor and Professor. Similarly, by the very same notification it is further resolved to create the posts of Tutors/Senior Residents under the non-teaching faculty in the Medical Colleges and the pattern was Senior Residents/Junior Residents/Tutors and Demonstrators. The further case of the applicants before the Tribunal in the said Original Application No.3240(C) of 2010 was that in the meanwhile the modality for selection of candidates to the post of Tutor/ Demonstrator/ Senior Residents has been amended and the applicants applied following the Advertisement dated 16th July, 2008. The further case of the applicants before the Tribunal in the said Original Application No.3240(C) of 2010 was that in the meanwhile the modality for selection of candidates to the post of Tutor/ Demonstrator/ Senior Residents has been amended and the applicants applied following the Advertisement dated 16th July, 2008. In view of selection for the post of Senior Residents/Tutors in the disciplines mentioned therein being selected were given appointment as Tutors/Senior Residents. In the said Original Application, the applicants i.e. the petitioners in W.P.(C) No.11717 of 2013 were continuing as Tutors/Senior Residents in the Medical Colleges of the State. It is, at this stage, the amendment of the structure introducing Three Tier system by the Government was challenged in the Tribunal in Original Application No.600 (C) of 2009. In the meanwhile, there was an amendment in the Orissa Medical Service Rules, 2009 modifying Part ‘B’ of the Resolution No.6457 dated 4th March, 2008 bringing two patterns of faculty i.e. Senior Residents and Tutors for undergoing training in teaching and treatment which gave way for the first time for appointment of Senior Residents as well as Tutors and it was also made for the first time that the Senior Residents/Tutors having three years of service as such would enable to eligible to be considered for recruitment to the entry level post of Assistant Professor in the Three Tier system under the Orissa Medical Education Service Rules, 2009. These 33 applicants therein next contended in the Tribunal that while the position stood as such, the applicants came to know regarding the intention of the State Government contemplating to issue advertisement for appointment to the post of Assistant Professor in the three Medical Colleges of the State. Therefore, the applicant nos.1 to 33 in the Original application No.3240(C) of 2010 being aggrieved by such attempt of the State Authorities submitted a detailed representation to the State Government as well as the Orissa Public Service Commission, urging consideration of their case by resorting to relaxation, if required particularly, in the matter of three years experience for one being eligible to apply for the post of Assistant Professor in Group ‘A’ of the Orissa Medical Education Service. These 33 persons further contended that in the meanwhile the Orissa Public Service Commission brought Advertisement No.04 of 2010-11 inviting applications in the prescribed form from in-service Tutors/Senior Residents having Post Graduate Degree in the concerned Speciality/ Higher Speciality having experience at least three years. Total number of vacancies as indicated therein to be 109 in various Medical Disciplines and 11 in Dental Discipline. Following the advertisement No.04 of 201011, those 33 persons alleged that the entire advertisement regarding “teaching experience” is contrary to the provisions of the Rules 2009, with a clear intention to prevent this particular class of Doctors and to show undue favour to the persons of choice including the persons from outside the State. It is next contended by them that since the post of Tutors and Senior Residents were created for the first time in the State of Orissa on the eve of introduction of Three Tier system in 2008 and the Orissa Medical Education Service Rules, 2009 being introduced from 11.2.2009 there would be no Tutors/ Senior Residents having experience at least three years in the State and eligible for the impugned recruitment. Perusal of the Original Application further makes it clear that the applicants therein were virtually challenging Clause-8 as well as Clause-7 (vi) of the Advertisement No.04 of 2010-11. All these persons have a common case in as much as they were ineligible since they lacked the necessary three years teaching experience, as a Tutor/Senior Resident. These applicants also further contended that incorporation of Paragraph-5 (vii) also indicates total non-application of mind on the part of the Government, requiring that, before appointment a candidate must register himself/herself under the Orissa Medical Registration Act, 1961. These 33 Doctors further contended before the Tribunal that since there is no person available with three years experience, particularly amongst the applicants, unless there is relaxation in the matter of three years experience on applying Rule 15 of the Orissa Education Service Rules, 2004, the Doctors of the State of Orissa would be prevented from being considered for the post of Assistant Professor. It is, in these premises, the applicants while making the prayers, as reflected herein above, also requested for consideration of their representation and accepting their candidature by relaxing the minimum educational criteria. 3. The State respondent nos. It is, in these premises, the applicants while making the prayers, as reflected herein above, also requested for consideration of their representation and accepting their candidature by relaxing the minimum educational criteria. 3. The State respondent nos. 1 and 2 filed a counter affidavit in the Original Application No.3240(C) of 2010 inter alia contending therein that the minimum qualification for teachers in Medical Institution Regulation,1998, Post Graduate Teachers having three years of teaching experience in the subject in a recognized Medical College as Resident/Tutor are eligible for the post of Assistant Professor in the Medical Colleges. This qualification criteria is also in consonance with the Regulation, 1999 as well as Rule, 2009. The relaxation as provided under Rule 15 of the Orissa Medical Education Service Rules, 2009 is not applicable in the present circumstances, particularly for the base level postings in order to prevent deterioration in the Education Standard in the Medical Colleges. It is contended by the State in the Tribunal that in Advertisement No.04 of 2010-11 published by the Orissa Public Service Commission, there was an inadvertent mistake, indicating the applications are invited from in-service Tutors and Senior Residents having Post Graduate Degree for the post of Assistant Professor, such inadvertent mistake was rectified by bringing a “Corrigendum” and correcting the same, to the effect inviting applications from the Doctors having Post Graduate Degree in the concerned Speciality/Higher Speciality and having experience of at least three years as Senior Residents and Tutors. The requirement of three years residentship has been made in view of large number of vacancies. Since there existed a dire necessity for filling up the vacancies, the State submitted that there was no scope for waiting for these persons till they acquire the necessary teaching experience of three years and the persons like the applicants can be accommodated in future. It was further submitted that the Resolution dated 1.7.2008 was issued when the Orissa Medical Education Service (Methods of Recruitment and Conditions of Service) Rules, 2009 was no longer in force since such resolution pre-dated the Orissa Medical Education Service (Methods of Recruitment and Conditions of Service) Rules, 2009 which is now in force. It was further submitted that the Resolution dated 1.7.2008 was issued when the Orissa Medical Education Service (Methods of Recruitment and Conditions of Service) Rules, 2009 was no longer in force since such resolution pre-dated the Orissa Medical Education Service (Methods of Recruitment and Conditions of Service) Rules, 2009 which is now in force. It is further contended by the State that the advertisement No.04 of 2010-11 calling for applications for recruitment for the post of Assistant Professors of Group ‘A’ was published strictly following the norms prescribed in the Orissa Medical Education Service (Methods of Recruitment and Conditions of Service) Rules, 2009 as framed under Article 309 of the Constitution of India by replacing the old Rules, 1979. 4. The State further contended in their counter that the Medical Council of India being a regulatory body entrusted with the power to make regulation with regard to establishment of Medical Colleges, conduct and carry out the medical education in the Country and fixation of minimum qualification for teachers of medical colleges following the Section 33 of the Medical Council of India Act, 1956. Under the above provisions, the Medical Council of India with previous sanction of Central Government formulated regulation i.e. the Minimum Qualification for Teachers in Medical Institution Regulation, 1998, which prescribes the minimum qualification and experience for the post of Assistant Professor as follows:- i) The candidate must have requisite recognized Post Graduate qualification in the subject. ii) 3 years teaching experience in the subject in a recognized Medical College as Resident/ Registrar/ Demonstrator and Tutor and the above qualification is mandatory. State respondent further contended that Rule-15 of the Orissa Medical Education Service Rules, 2009 provides relaxation, cannot be applied for recruitment at entry level post like Assistant Professor, which will be contradicting the Regulations of the Medical Council of India. State of Orissa further contended that there are large number of vacancies in the post of Assistant Professors in the Medical Colleges of the State and in the event the posts are not filled up it will not only jeopardise the teaching in the Medical Colleges but will also jeopardise patient care in all the Medical Colleges and their attached hospitals and may entail in de-recognition of the courses by the Medical Council of India as well as possible reduction in the seat strength in the three Medical Colleges regulated by State. In the above premises, State respondents prayed for dismissal of original application at the instance of opposite parties 1 to 33 in the Original Application No.3240(C) of 2010 and thereby permitting the State authority to proceed ahead in the matter of recruitment of Assistant Professors at an urgent basis. 5. Pursuant to filing of the counter affidavit by the State Government and upon service of copy thereof, the petitioners in W.P.(C) No.11717 of 2013 filed a rejoinder affidavit inter alia contending therein that the State respondents have misunderstood the claim of the applicants and reiterated their claims made in the Original Application on both the premises of challenging the advertisement and the conditions therein as well as their claim for relaxation in the education criteria. While denying the submissions of the State, the applicants in the Original Application No.3240(C) of 2010 further contended that the vacancy positions indicated in Annexure-D therein are factually not correct despite the Government has oblique object of accommodating outsiders against the post of Assistant Professors in the State. If the educational criteria is pressed in to service, none of the candidates in the State will be eligible to meet the qualification criteria since so-called entry Senior Residents/ Tutors was sought for modalities for appointment to those newly created posts contravenes the provisions contained in Orissa Medical Education Service Rules, 2009. They also contended that the corrigendum also runs contrary to the Orissa Medical Education Service Rules, 2009 as well contrary to the Medical Council of India norms. It is in these premises, these reasons justified their claim for relaxation as genuine considering the number of vacancies resulted in the meanwhile. 6. During pendency of the aforesaid Original Application, the Orissa Public Commission based on further requisition of the State made another advertisement bearing Advertisement No.08 of 2011-12 inviting applications for the post of Assistant Professor Group-‘A’ for filling up of as many as 73 further vacancies in different disciplines as mentioned therein. It is pursuant to such advertisement, the persons who ever satisfy the educational criteria under Clause-4 of the Advertisement applied. It is pursuant to such advertisement, the persons who ever satisfy the educational criteria under Clause-4 of the Advertisement applied. Many Doctors who did not meet the criteria, Original Applications were moved by them at that point of time inter alia praying for “relaxing the qualification criteria”, declaring the qualification criteria contrary to provisions contained in the Medical Council of India Act and Orissa Medical Education Service Rules, 2009 and the learned Tribunal in consideration of Miscellaneous Petition by the respective parties by an interim order allowed the ineligible candidates to also apply pursuant to the said advertisement however, with a direction to keep the result of such ineligible candidates in sealed cover subject to final outcome in the Original Applications. The subsequent Advertisement No.08 of 2011-12 also became the subject matter of the Original Application No.3240(C) of 2010 and in the other 66 Original Applications. All the 67 Original Applications involving Advertisement No.04 of 2010-11 as well as Advertisement No.08 of 2011-12 were disposed of together holding that both the advertisements are not in conformity with the prescribed qualification for appointment of Assistant Professor as has been prescribed by the Medical Council of India as Minimum Qualification for the Teachers in Medical Institutions Regulation, 1998 and while quashing of both the advertisements and further direct the respondent nos. 1 and 2 i.e. Opposite Party Nos.1 and 2 here in these cases and the petitioner in W.P.(C) No.1788 of 2015 to do the needful in the matter relating to amendment of rules/ resolutions/ regulations and make required amendments following due procedure of law in conformity with the up-to-date rules/resolutions/regulations and guidelines issued by the Medical Council of India in this regard within a period of two months from the date of communication of the order and publish the same within a period of two weeks thereafter and where after these opposite party nos.1 and 2 will also take all required steps for recruitment to the post of Assistant Professor as early as practicable, preferably within a period of two months thereafter. This judgment of the Tribunal in Original Application 3240(C) of 2010 is assailed by the respective parties by filing the above writ petitions. 7. This judgment of the Tribunal in Original Application 3240(C) of 2010 is assailed by the respective parties by filing the above writ petitions. 7. During course of argument, Sri S.P.Mishra, learned Advocate General appearing for the State of Odisha while supporting the prayer for quashing of the judgment passed by the learned Tribunal and thereby restoring the advertisements vide Advertisement No.04 of 2010-11 and Advertisement No.8 of 2011-12 also requested for permitting the State to proceed ahead with the appointment of the persons, who were eligible under both the advertisements and recruitment as well as recommendation for their appointment against the advertised posts by the Orissa Public Service Commission. State also contended that not only all the three Medical Colleges of the State are reeling under acute shortage of Assistant Professors, but there is also a threat at the instance of the Medical Council of India and all these three Medical Colleges in the matter of de-recognition of the institutions, for not having their required strength and or reduction in the intake strength in the three State runned Medical Colleges. The learned Advocate General also submitted that since there are so many vacancies in the post of Assistant Professor in the State, the State has no problem in clearing the appointment of the eligible persons at the first stage and in the second stage they can go for making a fresh requisition for examining the candidature of the persons who have been selected and appointed in the meanwhile on contractual basis and functioning as Assistant Professors pending final outcome in the Original Application No.3240(C) of 2010 and the others following the prescriptions under 2012 amendment of the Rules and for having another test for the rest ineligible candidates along with fresh candidates in a batch together by making further a requisition for the rest vacancies and in term of amended Rules, 2012. 8. Qualification criteria prescribed in the Advertisement no.04 of 2010-11 runs as follows:- “4. EDUCATIONAL QUALIFICATION: A candidate must have obtained Post-Graduate degree i.e. M.D./ M.S./M.D.S./ Medical M.Sc. as may be in the concerned speciality or D.M./ M.Ch. in the higher speciality or any other equivalent degree or qualification prescribed and recognized by the Medical Council of India. Besides the candidates must have obtained 3 (three) years experience as a Tutor/Senior Resident from a recognized Medical Institution after obtaining D.M./M.Ch./Post Graduate qualification in the said discipline. as may be in the concerned speciality or D.M./ M.Ch. in the higher speciality or any other equivalent degree or qualification prescribed and recognized by the Medical Council of India. Besides the candidates must have obtained 3 (three) years experience as a Tutor/Senior Resident from a recognized Medical Institution after obtaining D.M./M.Ch./Post Graduate qualification in the said discipline. However, the qualification for the post of Assistant Professor in the discipline of Anatomy, Physiology and Surgical Gastroenterology prescribed by the Medical Council of India as follows: (i) Assistant Professor (Anatomy): M.S. (Anatomy)/ M.D. (Anatomy)/ M.B.B.S. with M.Sc. (Anatomy)/ M.Sc. (Med. Anatomy) with Ph.D. (Med. Anatomy)/ M.Sc. (Med.Anatomy) with D.Sc. (Med.Anatomy). (ii) Assistant Professor (Physiology): M.D.(Physiology)/ M.B.B.S. with M.Sc. (Physiology)/ M.Sc. (Med. Physiology) with Ph.D. (Med. Physiology)/ M.Sc. (Med. Physiology) (iii) Assistant Professor (Surgical Gastroenterology): M.Ch. in Surgical Gastroenterology/ M.S. (General Surgery) with 2 (two) years special training in Surgical Gastroenterology. Provided that, in case of non availability of candidate with medical degree in the discipline of Anatomy, Physiology, Pharmacology and Microbiology, non-medical teachers may be appointed to the extent of 30% of the total number of posts and in the discipline of Biochemistry non-medical teachers may be appointed to the extent of 50% of the total number of posts. Provided further that, the recruitment may also be made from amongst the Assistant Professors in any other speciality or higher speciality subject to the condition that seniority in the speciality as the case may be, shall be determined from the date of appointment in the new discipline in accordance with the placement given by the Commission and accepted by the Government.” Qualification criteria as prescribed in the Advertisement No.08 of 2011-12as follows:- “4. EDUCATIONAL QUALIFICATION: A candidate must have obtained Post-Graduate Degree i.e. M.D./ M.S./ M.D.S./ Medical M.Sc. as the case may be, in the concerned speciality or D.M./ M.Ch. in the higher speciality or any other equivalent degree or qualification prescribed and recognized by the Medical Council of India. Besides, the candidates must have obtained 3 (three) years teaching experience as a Tutor/Senior Resident from a recognized Medical Institution after obtaining D.M./ M.Ch./ Post Graduate qualification in the said discipline. However, the details of discipline-wise qualification for the post of Assistant Professor are mentioned below:- Sl. Besides, the candidates must have obtained 3 (three) years teaching experience as a Tutor/Senior Resident from a recognized Medical Institution after obtaining D.M./ M.Ch./ Post Graduate qualification in the said discipline. However, the details of discipline-wise qualification for the post of Assistant Professor are mentioned below:- Sl. No. Name of the discipline Academic Qualification& Teaching experience (1) (2) (3) 1 Anesthesiology M.D./ M.S.(Anesthesiology) with 3 years teaching experience in the subject from a recognized Medical College as Sr.Resident. 2 Bio-Chemistry M.D.(Bio-Chemistry)/ M.Sc. (Medical Bio-Chemistry) with 3 years teaching experience in the subject from a recognized Medical College as Tutor. 3. Hepatology D.M.(Medical Gastroenterology)/ D.M.(Gastroenterology)/ M.D. (Medicine) or M.D.(Pediatrics) with 2 years Spl. Training in Gastroenterology and with 3 years teaching experience in the subject from recognized Medical college as Sr. Resident for all. 4 Hematology D.M.(Clinical Hematology)/ M.D. (Medicine or Pediatrics or Pathology) with 2 years Spl. Training in Clinical Hematology with 3 years teaching experience in the subject from a recognized Medical College as Sr. Resident for all. 5 Medicine M.D.(Medicine) with 3 years teaching experience in the subject from a recognized Medical College as Sr. Resident 6 Microbiology M.D. (Bacteriology)/ M.D. (Microbiology)/ M.Sc. (Medical Microbiology/ Med.Bact.) with 3 years teaching experience in the subject from a recognized Medical College as Tutor. 7 O & G M.D. (O & G)/ M.S.(O & G) with 3 years teaching experience in the subject from a recognized Medical College as Senior Resident. 8 Ophthalmology M.D. (Ophthalmology)/M.S(Ophthalmology) with 3 years teaching experience in the subject from a recognized Medical College as Sr. Resident. 9 Ortho Surgery M.S. (Orthopedics) with 3 years teaching experience in the subject from a recognised Medical College as Senior Resident. 10 Pediatrics M.D. (Pediatrics) with 3 years teaching experience in the subject from a recognized Medical College as Sr. Resident. 11 Pharmacology M.D. (Pharmacology/ M.S. (Medical Pharmacology) with 3 years teaching experience in the subject from a recognized Medical College as Tutor. 12 Physiology M.D.(Physiology)/ M.S. (Medical Physiology) with 3 years teaching experience in the subject from a recognized Medical College as Tutor. 13 Psychiatrics M.D.( Psychiatrics) with 3 years teaching experience in the subject from a recognized Medical College as Sr. Resident. 14 S.P.M. M.D. (S.P.M.)/ M.D. (Community Medicine) with 3 years teaching experience in the subject from a recognized Medical College as Tutor. 13 Psychiatrics M.D.( Psychiatrics) with 3 years teaching experience in the subject from a recognized Medical College as Sr. Resident. 14 S.P.M. M.D. (S.P.M.)/ M.D. (Community Medicine) with 3 years teaching experience in the subject from a recognized Medical College as Tutor. 15 General Surgery M.S. (General Surgery) with 3 years teaching experience in the subject from a recognized Medical College as Sr. Resident. 16 Transfusion Medicine M.D. (Transfusion Medicine)/ M.D. (Pathology)/Ph.D. (Pathology)/ D.Sc. (Pathology) with 3 years teaching experience in the subject from recognized Medical College as Tutor. 17 Emergency Medicine M.D. (General Medicine)/ M.S.(General Surgery)/ M.D. (Anesthesiology)/ M.D. (Respiratory Medicine)/ M.S. (Orthopedics) with 2 years training in Emergency Medicine for all and 3 years teaching experience in the subject from a recognized Medical College as Sr. Resident. 18 Rheumatology M.D. (General Medicine)/ M.D. (Pediatrics)/ M.D. (PMR) with 2 years of Spl. Training in Rheumatology for all and 3 years teaching experience in the subject from recognized Medical College as Sr. Resident. Provided that, in case of non availability of candidate with Medical Degree in the discipline of Physiology, Pharmacology and Microbiology, non-medical teachers may be appointed to the extent of 30% of the total number of posts and in the discipline of Biochemistry, nonmedical teachers may be appointed to the extent of 50% of the total number of posts. Provided further that, the recruitment may also be made from amongst the Assistant Professors in any other speciality or higher speciality subject to the condition that seniority in the speciality or higher speciality, as the case may be, shall be determined from the date of appointment in the new discipline in accordance with the placement given by the Commission, and accepted by the Government.” Similarly, Rule 4 of the Orissa Medical Education Service Rules, 2009 prescribes the eligibility criteria for appointment to the post of Assistant Professor reads as follows: - “4. Eligibility criteria for the post of Assistant Professor: (1) Selection shall be made through the Odisha Public Service Commission, from amongst the Tutors and Senior Residents having P.G. Degree in the same discipline with three years experience as such. Eligibility criteria for the post of Assistant Professor: (1) Selection shall be made through the Odisha Public Service Commission, from amongst the Tutors and Senior Residents having P.G. Degree in the same discipline with three years experience as such. Provided that, the recruitment may also be made from amongst the Assistant Professors in any other Speciality or Higher Speciality subject to the condition that seniority in the Speciality or Higher Speciality, as the case may be, shall be determined from the date of appointment in the new discipline in accordance with the placement given by the Commission and accepted by the Government. Provided further that, in the Departments of Anatomy, Physiology, Pharmacology and Microbiology, non-medical teachers may be appointed to the extent of 30% of the total number of posts and in the department of Bio-chemistry, non-medical teachers may be appointed to the extent of 50% of the total number of posts. (2) No person shall be eligible to be considered for appointment as an Assistant Professor unless he has acquired a post graduate degree in the concerned Speciality or any other equivalent degree or qualification prescribed by the Council. (3) Selection of candidates shall be made with due regard to the candidates’ academic attainment, teaching experience, aptitude, ability to teach, Performance Appraisal Report and as such other modalities as may be decided by the Commission.” 9. So far as eligibility criteria prescribed for the post of Assistant Professor is concerned, the minimum qualification for Teachers which reads as follows: “(i) Requisite recognized postgraduate qualification in the subject. (ii) Three years teaching experience in the subject in a recognized medical college as Resident /Registrar/ Demonstrator/ Tutor. Subsequently, the Medical Council of India vide notification dated 3.11.2010 amended the Minimum Qualifications for Teachers in Medical Institutions Regulations 1998 Para (iii) of the said Notification reads as follows: “(iii) In the “Minimum Qualifications for Teachers in Medical Institutions Regulations 1998” a Table I under the heading “REQUITREMENTS OF ACADEMIC QUALIFICATIONS, teaching and research experience’, AS AMENDED VIDE NOTIFICATIONS DATED 21.7.2009, 28.10.2009 AND 15.12.2009, THE ‘Teaching Experience’ against the post of “Assistant Professor/Lecturer”, for all the specialities, shall be substituted as under” (i) For the candidates possessing MD/MS Degree from M.C.I. recognized medical college. (ii) Three years teaching experience in the subject as Resident/ Registrar/ Demonstrator in a recognized medical college either during the post-graduation course or after obtaining post graduate degree in the subject”. Both the advertisements referred to hereinabove clearly speaks for must educational qualification as a Post Graduate degree i.e. M.D./ M.S./ M.D.S./ Medical M.Sc., as may be, in the concerned speciality or D.M./ M.Ch. in higher speciality prescribed by/ recognized by Medical Council of India besides a candidate must have obtained three years experience as a Tutor/ Senior Resident from a recognized Medical Institution and after obtaining D.M./M.Ch./P.G.qualification and further in absence of sufficient candidates, recruitment can also be made from amongst the Assistant Professors in any other speciality or higher speciality, subject to no claim for such seniority in the new appointment. Similarly, Rule-4 of the Orissa Medical Education Service Rules, 2009 also clearly prescribes for having three years experience as Tutor and Senior Resident. This Court do not find any irregularity in the fixing of educational criteria in either of the advertisements, rather finds it in strict consonance with the Rules in force. Further by inviting applications from the candidates in the last year of three years Tutor/ Senior Resident, it is apparent that the State has already made relaxation following Rule-15 of the Orissa Medical Education Service Rules, 2009 and no further relaxation is permissible in the eye of law. Thus a total reading of the provisions relating to selection of Assistant Professors as prescribed in the Minimum Qualifications for Teachers in Medical Institutions and as approved by the Medical Council of India including amendments make it abundantly clear that the qualification for being selected as Assistant Professor is one must have recognized Post Graduate qualification i.e. must be possessing M.D/ M.S. Degree from Medical Council of India, Recognized Medical Colleges and also must have three years teaching experience in the subject as Resident/ Registrar/Demonstrator/Tutor except with an exception to the effect that in the event if sufficient candidates are not available in the above category, selection can also be made from amongst the Assistant Professors in any other speciality or higher speciality subject to the conditions that seniority in the speciality or higher speciality, as the case may be, shall be determined from the date of appointment in the new discipline in accordance with the placement given by the Commission and accepted by the Government. This Court finds the prescription of educational qualifications as prescribed in both the advertisements Nos.04 of 2010-11 and 08 of 2011-12 are not only appropriate but also in strict consonance with the prescription by the Medical Council of India Act as well as in the Minimum Qualifications for Teachers in the Medical Institutions Regulation, 1998 read with the Orissa Medical Education Service Rules, 2009. 10. Now coming to decide on the question of claim of the applicants in the Original Application No.3240 (C) of 2010 and 66 other cases so far as it relates to relaxation of educational qualification prescribed in both the advertisements applying Rule 15 of the Orissa Medical Education Service Rules, 2009, this Court finds the Rule 15 reads as follows:- “15. Relaxation: When it is considered by the Government that it is necessary or expedient to do so in the public interest, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules in respect of any class or category of the employee in consultation with the Commission.” State Government in appearing through its Advocate General apart from making its stand clear also submitted in the Court that the duty of the Assistant Professors will be teaching the M.B.B.S. and B.D.S. students thereby making good Doctors and such a relaxation at the initial stage will not only deteriorate the standard of the M.B.B.S. and B.D.S. students but will also resulted in deterioration in the treatment of the patients at large. This Court finds force in the submission of the State through its learned Advocate General and refuse to accede to such prayer of the candidates who are ineligible to apply even. Further, as already discussed in pargraph-9 of the judgment, it appears from both the advertisements that State Government has already applied the provision of relaxation to the extent calling for application from the candidates in the last year of three year Residentship or Tutorship. Thus, the claim for further relaxation is impermissible. 11. Under the circumstances, this Court holds that the observation of the learned Tribunal that the educational qualification prescribed in both the Advertisement Nos. 04 of 2010-11 and 08 of 2011-12 runs contrary to the statutory provision is incorrect and is an outcome of improper reading and inappropriate interpretation of the above legal provisions. 11. Under the circumstances, this Court holds that the observation of the learned Tribunal that the educational qualification prescribed in both the Advertisement Nos. 04 of 2010-11 and 08 of 2011-12 runs contrary to the statutory provision is incorrect and is an outcome of improper reading and inappropriate interpretation of the above legal provisions. Hence, this Court in interfering with the judgment dated 3.5.2013 of the State Administrative Tribunal in Original Application No.3240(C) of 2010 and 66 others decided together set aside the same and thereby holds both the Advertisement Nos. 04 of 2010-11 and 08 of 2011-12 as valid. 12. In the above circumstances and the observations made hereinabove, this Court finds that pending final adjudication of the Original Applications referred to hereinabove and following the interim directions at different levels keeping view of shortage of manpower in the post of Assistant Professor, State and the Orissa Public Service Commission were permitted to go ahead with the selection process of eligible candidates pursuant to Advertisement No.04 of 2010 -11 and Advertisement No.08 of 2011-12 conditionally and in the process on completion of the selection process in the first batch around 22 persons found qualified and thus selected and the Orissa Public Service Commission made recommendation of their names for their posting as Assistant Professors in the 12 disciplines mentioned in the Notice No.7814 dated 21.9.2012 based on Advertisement No.04 of 2010-11. Similarly, in the second instance as against Advertisement No.08 of 2011-12, another batch of 15 Doctors have also been recommended by the Orissa Public Service Commission for their absorption as Assistant Professors vide Notification No.479 dated 4.1.2013. This Court while upholding the selection of all these persons since they were eligible to apply against both the above advertisements, directs the State of Orissa to treat them as Assistant Professor from the date of their posting as such and treat their such service period for the purpose of seniority and other consequential service benefits. We set aside the judgment dated 3.5.2013 in Original Application No.3240(C) of 2010 and reject the prayer of the petitioners in W.P.(C) No.11717 of 2013 seeking relaxing their educational qualification for the purpose of selection. We set aside the judgment dated 3.5.2013 in Original Application No.3240(C) of 2010 and reject the prayer of the petitioners in W.P.(C) No.11717 of 2013 seeking relaxing their educational qualification for the purpose of selection. While recording the submission of the learned Advocate General that State Government will recall both the Advertisements relating to subsequent requisitions other than the requisition No.4/2010-11 and No.8/2011-12, in the circumstances keeping in view the urgency in the manpower requirement at the level of Assistant Professors in all the three State runned Medical Colleges and keeping in view the request of the State in the matter of filling of vacancies in the post of Assistant Professor and considering the pendency of litigations over so many years, we further direct the State Government to make two requisitions to the Orissa Public Service Commission: (a) one for the selection of Assistant Professors confining the ineligible candidates selected and posted as Assistant Professor on ad-hoc /contractual basis but in strict terms of the prevailing rules and the selection process be concluded within a period of two months from the date of communication of this direction. It is made here clear that in the event any such candidate gets selected in the process, his service as Assistant Professor on ad-hoc/contractual shall be reckoned for the purpose of seniority but notionally. (b) another requisition for selection of Assistant Professors for the rest of vacant posts making it open for all eligible candidates in the meanwhile but again in terms of the prevailing rules and this exercise shall also be concluded within a further period of two months after the conclusion of the first exercise. 13. The writ petitions stand allowed to the effect herein above. However, there shall be no order as to cost.