JUDGMENT

L. NAGESWARA RAO, J.

1. Writ Petition (C) No.40 of 2018 has been filed by Saraswati Educational Charitable Trust challenging the notice dated 29th September, 2017, issued by the second Respondent-Medical Council of India by which the Saraswati Medical College (hereinafter referred to as “the College”) was directed to discharge 132 out of 150 students admitted in the first year Bachelor of Medicine, Bachelor of Surgery (MBBS) course for the academic year 2017-2018.

2. Writ Petition (C) No.291 of 2019 has been filed by 71 students who have been admitted in first year MBBS course for the academic year 2017-2018 in Saraswati Medical College to permit them to continue with their studies and to direct the Registrar, Uttar Pradesh Medical Council, the seventh Respondent herein to declare their results of the first year MBBS course.

3. Saraswati Medical College was established by Saraswati Educational Charitable Trust in the year 2016. The College applied for grant of renewal of permission for admission of 150 students for the academic year 2017-2018. An inspection was conducted in November, 2016 followed by a second surprise inspection by the assessing team on 21st and 22nd November, 2016. Renewal of permission was not granted by an order dated 10th August, 2017 which was challenged by the Petitioner in Writ Petition No.515 of 2017 before this Court. This Court by its judgment dated 1st September, 2017 directed the Respondents therein to permit the College to take part in the counselling process for the year 2017-2018. The cut-off date for completion of admission in respect of the College was extended till 5th September, 2017. The Respondents were directed to make available students willing to take admission in the College through central counselling in order of merit. The Petitioner No.2 requested the Director General of Medical Education and Training- Respondent No.3 herein to provide a list of students from the National Eligibility-cum-Entrance Test (NEET), 2017 merit list to enable the College to make admission before 5th September, 2017. An email was sent by the College to the third Respondent with the same request for providing the list of students at 6:41 p.m. on 1st September, 2017. On 4th September, 2017, the Management of the College reiterated the request of allotment of students for admission into first year MBBS course.

4. The third Respondent informed all eligible students about the order passed by this Court in Writ Petition No.515 of 2017 and asked them to apply/register themselves for admission to first year MBBS course in the College from 4th September, 2017, 6:00 p.m. to 5th September, 2017, 1:00 p.m. 735 students applied/registered within the time schedule for admission to 150 students in the College. On 5th September, 2017, the third Respondent forwarded a list of 150 students on the basis of their merit amongst 735 students. Only 9 out of 150 students reported and completed their admission formalities by 7:00 p.m. on 5th September, 2017, according to the College. A letter was written by the College at 7:00 p.m. on 5th September, 2017 to the third Respondent requesting the third Respondent to provide students from the list of 735 students. Without waiting for a response from the third Respondent, at 7:32 p.m. on 5th September, 2017 the College issued an urgent notice informing all the 735 candidates who opted for admission pursuant to the notice issued by third Respondent on 4th September, 2017 to avail the opportunity of admission in the College. It was stated in the said notice that admissions will be made in the order of merit from amongst 735 students and the admissions would be completed by 11:59 p.m. on 5th September, 2017. In the meanwhile, 9 more students from the original list of 150 students sent by the third Respondent were admitted by the College. The College filled up 132 seats on 05.09.2017. On receipt of information about the admission of 132 students by the Petitioner-College on its own withou