JUDGMENT :

SANJIV KHANNA, J.

Leave granted.

2. Appeal preferred by Lalitha R Nath and 24 others impugns the final order and judgment dated 29th May, 2020 of the Division Bench of the Kerala High Court, partially allowing Writ Petition (Civil) No. 10205 of 2020 filed by Kannur Medical College (hereinafter referred to as ‘KMC’ or ‘the College’) by staying operation of the order dated 29th April, 2020 passed by the Kerala University of Health Sciences (in short, ‘KUHS’) whereby the College was denied affiliation for conducting MBBS and post graduate courses for the academic year 2020-21. The stay, as granted, is subject to the College satisfying the following conditions: (i) furnishing of bank guarantee of Rs.10 crores before the Registrar of the Kerala High Court; and (ii) depositing of the title deed of 25 acres of land situated at Sy.No. 13/1 in Village Anjarakkandi, as security for payment of any amount that the College may be liable to pay as per directions to be issued in Writ Petition (Civil) No. 15337 of 2019, titled The Principal v. The Admission and Fee Regulatory Committee.

3. Appeal preferred by Sita V.K. impugns the final order and judgment dated 22nd November, 2019 passed by the Division Bench of the Kerala High Court in Writ Petition (Civil) No. 26995 of 2019 filed by the Principal of the College, inter alia, quashing the reopening notices issued by the Admission Supervisory Committee for Professional Colleges in Kerala (in short, ‘ASC’) in 16 cases, with a further direction to not reopen 92 other cases where students had been issued notice after 4th October, 2018 and had submitted to the ASC that they had received the entire amount or had failed to appear and make their submissions. However, in cases of students who had objected to the refund made by the College, the ASC shall consider their claim and pass appropriate orders.

4. Appeal preferred by V. Prasanna Kumar and others, like the appeal preferred by Sita V.K., impugns order dated 22nd November, 2019 in Writ Petition (Civil) No. 26995 of 2019 passed by the Division Bench of the Kerala High Court.

5. Appeal preferred by the ASC, like the appeal preferred by Lalitha R Nath, impugns order dated 29th May, 2020 passed by the Division Bench of the Kerala High Court in Writ Petition (Civil) No. 10205 of 2020 filed by KMC.

6. In order to appreciate the controversy and the contentions, a brief synopsis of the relevant facts is required to be noticed.

6.1 KMC is a private self-financing medical college which was established in the year 2006 with sanctioned intake of 100 students. Subsequently, it appears, an additional intake of 50 students was permitted thereby increasing the sanctioned intake to 150 students per year.

6.2 On 28th April, 2016, in Sankalp Charitable Trust and Another v. Union of India and Others, (2016) 7 SCC 487 this Court had directed that admissions to MBBS courses shall be conducted through National Eligibility-cum-Entrance Test (NEET).

6.3 On 9th August, 2016, the Union Government had directed all States and Union Territories to conduct combined/centralised counselling for 2016-17 MBBS admissions, consistent with the judgment of this Court in Modern Dental College and Research Centre and Others v. State of Madhya Pradesh and Others, (2016) 7 SCC 353.

6.4 In consonance with the aforesaid directions, the Government of Kerala, on 20th August, 2016, had directed that all medical colleges would only admit students selected by the Commissioner for Entrance Examinations (in short, ‘CEE’) through common counselling.

6.5 This direction was challenged by KMC before the Kerala High Court. On 26th August, 2016, an interim order was passed by the High Court to the effect that MBBS admissions for 2016-17 shall be conducted on the basis of NEET-2016 and that all applications shall be made online to facilitate transparency with regard to merit and identity of the applicants.

6.6 However, the ASC, on 3rd September, 2016, reiterated its stand stating that admissions in contrav