JUDGMENT

N.P. Singh, J.-Leave granted.

2. Appellant No. 1 Shri Chander Chinar Bada Akhara Udasin Society (hereinafter referred to as the Society) is a society registered under the J & K Society Registration Act, the primary object being to promote medical education by establishing medical colleges, hospitals and child welfare centres. A proposal was submitted to the State Government for setting up a medical college ad a private hospital in Jammu, in the year 1988. The State Government allotted 356 kanals of land for the proposed medical college and Charitable hospital. A further allotment of 250 kanals of land is said to have been made by the State Government. The State Government recommended to the Jammu University for grant of affiliation to the proposed medical college to be set up by the society. The State Government also requested the Medical Council of India to grant approval/recognition to the said medical college. Inspection was made by the representatives of the Medical Council of India in respect of infrastructure including the teaching facilities. In due course temporary recognition of the institution was granted. It is said that the Society approached the State Government to issue necessary guidelines and to frame rules to regulate the admissions to the medical college established by the Society. The Society in its communication undertook to make admissions in accordance with the directions of the Supreme Court of India in the case of J.P. Unnikrishnan v. State of A.P. & Ors.1 and other directions issued by this Court. The last such communication was addressed by the Society to the State Government on 17.10.1995 saying that although it had got recognition from the Government of India, but no rules/regulations were being framed by the State Government for admissions to the said medical college.

3. The State Government had issued an advertisement on 6 .7.1995 inviting applications from eligible candidates for appearing at the entrance test for admission to the two government medical colleges. But while issuing such advertisement the State Government did not invite applications for the admission into the medical college of the Society. In the brochure published by the State Government for information to the candidates, who may be willing to seek admission, nothing was said about the medical college in question, which was necessary in view of the judgments and orders of this Court for filling up the merit seats and the payment seats .

It is further the case of the Society that when people of the State of J & K learnt about the medical college of the Society, they approached the management for seeking admission and some applications were also submitted to the management. However, no action was taken on such applications, as no instructions had been received from the State Government.

4. Some students seeking admission in the medical college in question, filed a writ petition before the High Court of Jammu & Kashmir making a grievance in respect of failure on the part of the State Government to frame necessary rules/guidelines to regulate admission to the medical college of the Society which had deprived them of the opportunity of seeking admission against the merit seats or the payment seats . The appellant-society was impleaded as a respondent to the said writ petition. Counter affidavit was filed on their behalf. All necessary records and information were placed before the High Court. Inspite of the several opportunities being given to the State Government, no affidavit on their behalf was filed. By an order dated 27.11.1995, the learned single Judge constituted a Committee consisting of :

"(a) Mr. Justice J.N. Bhat, (Rtd.) Judge of J & K High Court : Chairman.

(b) Mr. A.M. Watali, former member J&K Public Service Commission : Member.

(c) Dr. Krishan Lal Gupta, former Director, Health Services, J & K State : Member.

(d) Prof. Vidya Nath Gupta