JUDGMENT

R.V. Raveendran, J. —

Leave granted.

2.In Mridul Dhar v. Union of India,1 [2005 (2) SCC 64], this Court approved the following time-schedule for admission to medical courses (first MBBS course) :

Schedule for admission Seats filled up by State Governments/institutions Conduct of entrance Examination Month of May Declaration of result of qualifying By 15th June exam/entrance exam First round of counseling/admission To be over by 17th July Last date for joining the allotted 29th July college and course Second round of counseling for 25th to 28th August allotment of seats from waiting list Last date for joining for candidates 30th August allotted seats in second round of counseling from the waiting list Commencement of academic Session 1st of August to 31st August Last date up to which students can be 30th September admitted against vacancies arising due to any reason

3.The appellant (Christian Medical College, Ludhiana) is a minority institution running a medical college with an intake capacity of 50. As per the order dated 1.6.2005 of this Court in W.P. [C] No.357/2004, 75% of the seats were to be filled according to the choice of the Appellant college from the members of the minority community and balance 25% seats to be filled by the candidates allotted by the State on the basis of the merit list prepared by it. Thus it is not in dispute that for the academic year 2005-06, out of the 50 seats, 38 seats were to be filled by the college with minority students and 12 seats were to be filled by the candidates allotted by the State.

4.On the ground that the State did not allot any candidate till 30.8.2005 which was the last date as per the schedule approved by this Court in Mridul Dhar, the appellant college claims to have filled those seats by candidates from its merit list namely respondents 6 and 17 (respondents 8 to 19 in the second matter).

5.The State/University allotted candidates towards their quota after belated counseling with reference to merit list prepared on the basis of second Punjab Medical Entrance Test (PMET) during the middle of September, 2005. The appellant denied to those candidates admission on the ground that the last date for allotment being over, those seats were filled by candidates from its own merit list. Aggrieved by their non-admission, six of the State quota allottees, namely respondents 4 and 5 in the first matter and respondents 4 to 7 in the second matter, approached the High Court and sought a direction for admission.

6.Several contentions were urged by the appellant resisting the said petitions. Ultimately the High Court by a common judgment dated 4.1.2006 allowed the two writ petitions with the following directions :

“1) The admission of the private respondents* to the MBBS course at the CMC for the academic year 2005-2006 is protected.

2) The petitioners cannot be granted admission in MBBS classes in the current academic year after 30.9.2005, as their admission would be a midstream admission which has been prohibited by the Hon’ble Supreme Court.

3) The petitioners will be admitted to the MBBS course at the CMC for the academic session 2006-2007 against the management quota seats in terms of the directive contained in para 35(11) of Mridul Dhar’s judgment, as it has exceeded its quota during the academic year 2005-2006.

4) The CMC would compensate each of the petitioners with an amount of Rs.2 lacs each for the loss of one year, for the mental tension and for economic loss caused to them.

5) The CMC is burdened with the costs of Rs.2 lacs to be deposited, with the Baba Farid University of Health Sciences, Faridkot, within 3 months from today, for being utilized towards students welfare fund.”

(*Note: ‘Private respondents’ refers to the 12 candidates admitted by the appellant college against the State quota seats.) (Emphasis supplied)

7.The said judgment is challenged in these appeals by special leave. Though several grounds were urged in the special leave petitions at the time of hearing, learned