1. Rule. Heard finally by consent of the parties.

2. The petitioners, by the instant petition, are challenging the decisions of the respondents 1 and 2 reflected in various communications dated 23/12/2010 to 28/7/2011 refusing to enroll the students who have been admitted to the post graduate course and further directing the petitioners to cancel their admissions for want of permission from the respondent 1 and affiliation from respondent no.2.

3. The petitioner no.1 is the Society and is also a trust which runs the medical college at Amravati – the petitioner no.2 herein, since the year 1984. The petitioners wanted to start post graduate courses in 18 subjects for which they applied to Maharashtra University of Health Sciences – the respondent no.1 herein, vide application dated 25/10/2010. In turn, the respondent no.1 constituted a Local Committee for inspection of the infrastructure available in the college, which visited the college and submitted its report. The respondent 1 permitted the petitioners and granted provisional affiliation to start post graduate courses in 18 subjects. Simultaneously, the petitioners applied to Medical Council of India for the requisite permission. The Medical Council of India deputed Assessment Committees to visit the college, to carry out inspection about availability of the necessary infrastructure and other requirements. However, no Assessment Committee for the subjects of Anatomy and Respiratory Medicine had visited the college. The Medical Council of India issued the letter of intent followed by letters of permission in respect of 11 subjects as detailed in Annexure VI and VII, respectively. Meanwhile, the petitioners proceeded with admitting the students by issuing an advertisement. The final merit list of 13 admitted students was published on 21/5/2011. However, the respondent no.1 vide communication dated 1/6/2011 informed the petitioners that the students to the post graduate course admitted by them cannot be enrolled till the college receives affiliation as required under section 65 of the Maharashtra University of Health Sciences Act, 1998 (for short “M.U.H.S. Act”). The petitioners responded to this communication by stating that the further approval either of respondent 1 or respondent 2 is not necessary for the reason that the Central Government had already issued such permission. This was followed by exchange of communications between the petitioners and the respondent no.1. The last communication by respondent 1 to the petitioners states that the resolution by the State Government and in turn affiliation by the respondent 1 is necessary to start the post graduate courses and refused to enroll the students and further directed the petitioners to cancel their admissions.

4. It is the contention of the petitioners that vide public notice dated 8/11/2010, the Medical Council of India (for short “I.M.C.”) granted one time exemption to the medical colleges exempting them from the requirements of obtaining permission from the respective State Governments for introducing post graduate courses in the concerned medical colleges which have had an approval by the State Government for conducting M.B.B.S courses. Such permission from the State Government was already granted to the petitioner college in the year 1984 under the provisions of the Amravati University Act, 1983. It is their case that the subject “coordination and determination of standards in institutions for higher education or research and scientific and technical institutions” falls in Entry No.66 of List I of Schedule VII of the Constitution. In pursuance of this power, the Indian Medical Council Act, 1956 (for short “I.M.C. Act”) was enacted. Section 10 A of I.M.C. Act provides for grant of permission by the Central Government to establish the medical college and further provide for introducing new or higher course of studies in such college. Sections 64 and 65 of M.U.H.S. Act relate to procedure for permission to