T.S. Sivagnanam, J. - (1.)HEARD the learned counsel for the petitioners as well as the learned Government Advocate for the respondents.
(2.)THESE writ petitions have been filed seeking for a issuance of a writ of mandamus for grant of one additional mark per year of petitioner's service in the Rural Medical Institution viz. Villupuram Medical College Hospital Mundiyampakkam Village Vikravandi Taluk in accordance with Clause 38 of the Prospectus for admission into Post Graduate Degree/Diploma Courses 2015 -2016. The petitioners have completed their MBBS degree and they have registered themselves as medical practitioners on the rolls of the Tamil Nadu Medical Council. Thereafter, the petitioner applied for selection to the post of Assistant Surgeon and initially they have been appointed on temporary basis under Rule 10(a)(i) of the Tamil nadu Civil Services Rules and subsequently they appeared for the screening test conducted by the TNPSC and their services were regularised. The petitioners have now applied for admission to post graduate course pursuant to notification issued by the 5th respondent for the academic year 2015 -16 under the quoto reserved for service candidates. The short issue which falls for consideration in these cases are as to whether the petitioners are entitled for one additional mark which has been given for service candidates who served in the rural areas by virtue of clause 38 of the prospectus issued by the Tamil Nadu Government Medical Colleges/Self Financing Institutions.
"Clause 38 of the prospectus reads as follows:

"One Mark for each completed year after the completion of CRRI shall be awarded as marks for experience for both services and non service candidates to a maximum of Ten marks as on 21.03.2015. Service candidates shall be awarded one mark per year of service in rural areas and two marks per year of service in hilly areas and two marks per year of service in Government Hospitals, Primary Health Centres and Government Medical College Hospitals of Thiruvarur, Nagapattinam and Ramanathapuram Districts limited to a maximum of 10 marks. Altogether the total marks awarded for experience will be restricted to 10 marks to all candidates including candidates from rural, hilly and remote/difficult areas and the three districts mentioned above.

1) Marks awarded for Entrance examination : Maximum 90 marks

2) Experience marks for all candidates (both Service and Non -service) limited to a maximum of 10 (i+ ii + iii)

(i) One mark per year for experience after CRRI (All candidates)

(ii) Marks for Service candidates served in rural, hilly and remote/difficult areas: - -

a) Rural areas - 1 mark per year

b) Hilly areas - 2 marks per year

c) Remote/difficult areas - 2 marks per year

iii) Two marks per year of Service for candidates who have worked in Government Hospitals. Primary Health Centers and Government Medical College Hospitals of Thiruvarur, Nagapattinam and Ramanathapuram Districts. (only Service candidates as defined in Clause 10)

iv) Non -Service candidates are not eligible to get marks in (ii) & (iii) Fractional values of a year will not be counted for awarding marks for experience in i, ii & iii."

(3.)IN terms of the above clause in the prospectus one mark for each completed year after the completion of CRRI shall be awarded as mark for experience for both services and non service candidates. There is no dispute to the allotment of these marks neither that has been raised in these writ petitions, but the only contention raised is that under Clause (ii) and (iii) the service candidates are awarded one mark per year for serving in rural areas, two marks per year for serving in hilly areas and another two marks per year for serving in Government Hospitals, Primary Health Centers and Government Medical Colleges Hospitals of Thiruvarur, Nagapattinam and Ramanathapuram Districts to a maximum of 10 marks. The contention of the petitioners is that though they have been appointed as junior doctors in the Villupuram Medical College Hospital, Villupuram the said hospital is situated in a town panchayat away from the Villupuram and the Official website of Government Villupuram College Hospital it is stated that, it is located in Mundiyampakkam Village and their motto is "Rural Health is Nation's Wealth" and the hospital has been established to serve the rural population. By referring to these passages in the web site of the hospital, it is stated that though the petitioners were appointed as Junior assistant doctors in Villupuram Medical College Hospital, Villupuram Town Panchayat, they were functioning in a rural area and they are entitled to one mark in terms of clause 38(ii)(a). Further, the petitioners would contend that a person who was selected along with the petitioners and was appointed as a Doctor and posted in the Government Medical College Hospital in Tiruvarur District was awarded with one mark whereas, the petitioners who were appointed on the same footing have not been given one mark though the Government Medical College Hospital is not situated within the Villupuram town. Therefore, it is stated that the petitioner should be granted one mark.