JUDGMENT

Kailash Gambhir, J.

1. This order shall dispose of a batch of three writ petitions bearing W.P.(C) Nos. 5763/2011, 5917/2011 and W.P.(C) No. 4920/2011 .

2. By these petitions filed under Article 226 of the Constitution of India, the petitioner institutes/medical colleges have approached this court to challenge the order of the respondent Medical Council of India/Board of Governors whereby it has rejected the grant of additional intake in the MBBS course in the petitioner institutes/colleges.

3. The adumbrated facts of the three petitions are set out as under:

W.P.(C) Nos. 5763/2011

4. The petitioner herein applied initially for intake of 150 students in MBBS course but subsequently requested the respondent to inspect the college for 100 admissions only and thus consequently the respondent granted permission for starting the medical college for 100 students and the subsequent renewals followed. It is only when the petitioner applied for permission of 150 students for the session 2011-2012, that the respondent granted renewal for 100 students only vide letter dated 8.6.2011 and therefore feeling aggrieved with the said act of non grant of permission and the non communication of the same, the petitioner has preferred the present petition.

W.P.(C) No. 5917/2011

5. The petitioner college herein was granted permission for running a medical college with 100 intake for MBBS course and was granted subsequent annual renewals for 100 admissions as well. It is only when the petitioner applied for the additional intake of 150 for the academic session of 2011-2012 alongwith with the fourth annual renewal, that the said request of the petitioner was rejected vide letter dated 6.5.2011 on the ground of infrastructural deficiencies. The petitioner through various letters applied to the respondent for reconsideration of its application for additional intake and it is then that vide impugned letter dated 30.6.2011 that the respondent rejected the application of the petitioner based on the regulations stating that the petitioner college is not eligible for grant of additional intake. Feeling aggrieved with the same, the petitioner has approached this court.

W.P.(C) No. 4920/2011

6. The petitioner herein applied for annual intake of 150 students at the time of its establishment but after inspection was granted the permission for intake of 100 students only. It is thereafter that for the academic session 2010-11, that the petitioner applied for additional intake of 150 but was granted renewal for 100 admissions only. Again, for the academic year 2011-2012 the petitioner reapplied for 150 annual intake but was found deficient in certain areas and after complying with the same, another inspection was carried out in which the petitioner college was found fit for the intake of 150 students but surprisingly vide impugned order dated 30.6.2011, was granted renewal for 100 admissions only thus arbitrarily denying the additional intake of 150 to the petitioner and feeling aggrieved with the same, the petitioner has preferred the present petition.

7. Mr. Maninder Singh, learned Senior Advocate appearing for petitioner in W.P.(C) No. 5768/2011 submitted that vide letter dated 28.2.2011, the request for inspection of 150 admissions for 2011-2012 was made by the petitioner to the Board of Governors and vide assessment report dated 16.5.2011 (at page 90 of the paper book), the counsel pointed out that the inspection has been carried out for 150 admissions and hence the petitioner college has infrastructure in place for admitting 150 students as no deficiency was found in the said assessment report and in the remarks against various columns in the assessment report but despite having the requisite infrastructure in place, the college has not been given approval for additional intake of 150 students.

8. Referring to the impugned order dated 8.6.2011, the petitioner pointed out that no ground for not granting additional intake of 150 stude