Sanjeev Prakash Sharma, J.—Heard the parties.

2. All the five writ petitions as above were heard together as the issue involved is common to all. The petitioners in C.W.J.C. No. 7058 of 2022 and C.W.J.C. No. 8548 of 2022 are petitions filed on behalf of Medical College and Hospital through Treasurer and by the Society namely Jageshwari Memorial Institute of Speech and Hearing through its President. In both the writ petitions the prayer is to quash and set aside the order dated 18.04.2022 issued by the Medical Assessment And Rating Board (hereinafter called as M.A.R.B.).

3. The other three Writ Petitions have been filed by the students of the Radha Devi Jageshwari Memorial Medical College and Hospital praying for directing the State Government to take over the management of the College and directing the respondent no. 3 to accommodate the petitioners to some other Government Medical College. Almost similar prayer has been made in all the three cases. Vide order dated 14.06.2022 the impugned order was stayed by the Coordinate Bench of this Court on being prima facie satisfied with the submission that in terms of Section 26 (I) (f) of the NMC Act of 2019, the MARB could only have directed to stoppage of admission, but was not competent to direct for cancellation of admission already made after counselling. The case was thereafter heard finally by this Court. Before adverting to the issues, it would be appropriate to notice certain facts which have come on record.

4. The petitioners College Radha Devi Jageshwari Memorial Medical College and Hospital, Muzaffarpur is run by a Society namely Jageshwari Memorial Institute of Speech and Hearing. While a Hospital was in the same name was being run by for last five years on 03.07.2019, an essentiality certificate was issued by the State Government on a proposal submitted for establishment of Medical College by the Society. On 04.09.2021 assessment was conducted by the National Medical Commission (hereinafter referred as N.M.C.) and thereafter the Medical Assessment and Rating Board (hereinafter M.A.R.B.) issued a letter of intent to the petitioners approving 150 M.B.B.S. seats for the College vide letter dated 22.09.2021. It also directed to fulfill the deficiency of completing the examination hall and recruiting one Tutor for Physiology. Letter of permission (L.O.P.) was issued on 01.11.2021 for new Medical College approving 150 M.B.B.S. seats for the Session 2021-2022. On 26.11.2021 and 27.11.2021 N.M.C. conducted a surprise inspection and on the basis of report of inspection it directed the State Government not to allot students to the Medical College, vide its letter dated 15.02.2022. A show cause notice was also issued to the petitioners College on 15.02.2022 referring to the inspection report. It was pointed out that a complaint had been received regarding fake faculty and patients arranged during assessment for issuing letter of intent and on inspection it was found having following major deficiencies:—

“1. Faculty deficiency of 85.18%, with no faculty in the departments of Physiology, Biochemistry, Pharmacology, Forensic Medicine, Community Medicine, General Medicine, Respiratory Medicine, Psychiatry, Otorhinolaryngology, Ophthalmology, Anaesthesiology, Radio-diagnosis and Emergency Medicine.

2. Deficiency of Residents/tutors are 90.69%.

3. Out patients registered are 430 against the requirement of 600 on the day of assessment.

4. In patient bed occupancy was 42% against the requirement of 60%.

5. Also against to the information submitted to the National Medical Commission in Sworn Affidavit Dt. 08.06.2021, which attracts legal proceedings.”

5. The management was asked to give reasons as to why letter of permission granted should not be withdrawn and should not stop admissions in the College as the minimum required faculty and facilities are not available on surprise assessment.

6. The management has submitted its reply on 17.02.2022 and stated that they had already taken admissions throug