JUDGMENT

Rajendra Babu, J.-Leave granted in SLP (C) No. 13876/1999. This appeal is also heard along with Civil Appeal No. 3237/1999.

2. In Civil Appeal No. 3237/1999 the challenge is to an order made by the High Court in a writ petition filed assailing two orders dated 8.5.1998 and 22.5.1998 and seeking for a direction not to interfere with the peaceful establishment and running of a medical college at Azamgarh by the respondent society.

3. The High Court took the view that there is a deemed approval of the Central Government in respect of the scheme submitted by the respondent society in terms of Section 10A(5) of the Indian Medical Council Act, 1956 [hereinafter referred to as the Act ] and on that basis the orders dated 8.5.1998 and 22.5.1998 stood quashed. The appellants contended before the High Court that the respondent society does not fulfil the statutory pre-conditions required to be fulfilled before making an application to attract the deeming approval of Section 10A(5) of the Act. They submitted that a scheme of making of an application purported to be under Section 10A(2) of the Act by itself is not a proper and valid application because it has got to fulfil all the condi