JUDGMENT

A.M. KHANWILKAR, J.

1. The petitioner Saraswati Educational Charitable Trust, Lucknow, made an application to the Ministry of Health & Family Welfare, Government of India, for establishment of a new medical college at Unnao, Uttar Pradesh, in the name and style of “Saraswati Medical College, Unnao, Uttar Pradesh”, for the academic session 2016-17. That application was forwarded to the Medical Council of India for evaluation and making recommendations to the Ministry under Section 10A of the Indian Medical Council Act, 1956, for academic session 2016-17.

2. The petitioners have filed this writ petition under Article 32 of the Constitution of India assailing the order dated 31st May, 2017, passed by the Union of India, respondent No.1 herein, whereby the petitioner college has been debarred from admitting students in MBBS course for the academic sessions 2017-18 and 2018-19 and further permitting respondent No.2 Medical Council of India to encash Bank Guarantee of Rs.2 crores furnished by the petitioners. This Court pronounced its judgment on 1st August, 2017 in group of cases involving similar issues, in the following terms:

“24. Having regard to the fact that the Oversight C