Y. BHASKAR RAO, CJ.

( 1 ) THESE writ appeals are filed by the Managements and post graduate Degree and Diploma students of J. J. M Medical College, davangere and Jawaharlal Nehru Medical College, Belgaum, assailing the order of the learned Single Judge dismissing the. Writ petitions. After disposal of the Writ Petitions, some of the. students who were not parties to the earlier Writ Petitions, have also filed the writ Petitions. The appellants in W. A. Nos. 5231-64/1999 and W. A. No. 5329/1999 are aggrieved by the Communication of the Medical council of India (MCI) vide; letter dated 1. 9. 1997 (Annexure-K) in respect of the Post Graduate students for the academic year 1996- 97 fixing the admission capacity. They have also questioned the consequential order at Annexure-J dated 21. 10. 1997 of the Rajiv gandhi University of Health Sciences, directing to discharge the students alleging that they are admitted in excess of the intake fixed by the MCI in respect of J. N. Medical College, Belgaum. Similar orders were passed in respect of JJM Medical College, Davangere. All the cases were heard by the learned Single Judge and disposed of by a common order. Assailing that order, the present writ appeals are filed and Writ Petitions are filed challenging the orders impugned in the Writ Petitions. Therefore, we are disposing of all the cases by a common judgment.

( 2 ) THE brief facts of the case are that the two medical colleges involved in these cases, have started their post graduate degree and diploma courses when they were affiliated to the Kuvempu University prior to constitution of Rajiv Gandhi University of Health Sciences. The J. N. Medical College, Belgaum started its post graduate courses in degree and diploma in various subjects from the academic year 1978-79. All the courses were started with the permission of the state Government and Karnataka University and MCI. The MCI has not fixed the intake to the courses from time to time. The regulations framed by the MCI provided certain norms to be followed. On the basis of the said regulations, University used to find out the infrastructure of these colleges from the local enquiry Committee and the intake capacity used to be fixed by the University or the government in accordance with Section 53 (10) of the Karnataka state Universities Act and Section 4 (1) (b) of the Karnataka educational Institutions (Prohibition of Capitation Fee) Act, 1984, (for short, 'state Capitation Fee Act ). Thus, the Belgaum J. N. Medical colleges, has increased its intake capacity for instance, in the subject of medicine to 23 from the academic year 1992-93 onwards. Similarly, jjm Medical College, Davangere, also fixed the intake at eleven for instance in M. S. Optholmology for the academic year 1991-92. On the same lines, intake capacity regarding other disciplines of the degree and Diploma courses in P. G. were increased correspondingly. The students who have passed P. G. courses from these institutions from the beginning have been qualified and enrolled themselves as doctors as per the Regulations of the MCI.

( 3 ) IN the year 1996, Rajiv Gandhi University of Health Sciences (RGUHS for short) was constituted which came into existence from 1. 6. 96 and all the Medical and Dental Colleges were brought under the purview of this University. In the meanwhile, the IMC Act was also amended by insertion of Sections 10a, 10b and 10c which came into effect from 27. 8. 1992 after replacing the ordinance issued earlier. Afterwards, though inspections were conducted by the inspectors of MCI, no objection was raised for the intake capacity of the Colleges.

( 4 ) WHILE so, after the disposal of A CITIZEN OF INDIA vs STATE OF KARNATAKA a learned Single Judge of this Court by his order dated 29. 11. 1996 directed RGUHS to determine the intake for p. G. Courses in the light of law laid down in Citizen's Case (ILR 1996 KAR 3136 ). The RGUHS had determined the intake capacity of the colleges conducting P. G. degree an

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