Manjula Chellur, C.J.

1. W.A.No.1701 of 2012 is filed against the interim order dated 12.9.2012 in W.P (C).No.19420 of 2012. Writ petitioners are the Ayurveda Medical Colleges conducting Bachelor of Ayurveda Medicine and Surgery (BAMS) course with affiliation from the University apart from obtaining approval and consent from other authorities including the Central Government.

2. For the academic year 2012-2013, Government of India issued orders permitting the writ petitioners to admit 50 students each. The above said orders were issued between 4.5.2012 and 6.7.2012. When things stood as stated above, modifications of parameters on various aspects of Indian Medicine Colleges by the Indian Medicine Central Council (Minimum Standards Requirements of Ayurveda College and attached Hospitals) Regulations, 2012 (for short, 'Regulations, 2012') were notified on 18.7.2012. According to the writ petitioners, they have infrastructure facilities required for more than the intake of 50 students, therefore, the respondent authorities were not justified in refusing to modify the intake from 50 students to 60 students when repeated requests were made by the writ petitioners. Hence, they approached the learned Single Judge seeking the following reliefs:

"i. issue a writ of mandamus directing the 4th respondent to allot students to the petitioner colleges in terms of the minimum intake as prescribed in Ext.P5;

ii. issue a writ of mandamus directing the 1st respondent to issue revised orders of permission as regards the intake for the academic year 2012-13 in tune with the intake as provided in Ext.P5.

iii. issue a writ declaring that in the light of the Regulations regarding the intake provided through Ext.P5, the petitioners are entitled to admit 60 students for the BAMS course from the academic year 2012-13 treating the permission granted as the one for 60 students in view of the prescription of intake provided through the Regulations.

iv. pass such other order or direction as this Court may deem fit and proper in the interest of justice."

3. The stand of the respondent authorities, who are appellants before us, is that the Regulations 2012 postulate the standards for various purposes and objects including enhancement of intake which are applicable only from the session of 2013-14, therefore, the petitioners were not entitled to take protection under Regulations, 2012 for admissions in the academic year of 2012-13. After obtaining permission to take a particular intake as indicated in the applications in accordance with the relevant provisions applicable for the academic year 2012-13, the petitioners are not justified in asking application of Regulations, 2012 which were not even in existence when the applications came to be submitted for the academic year 2012-13 as they are only prospective in nature.

4. In W.P(C).No.19420 of 2012 the learned Single Judge, opining that Regulations, 2012 have come into force with effect from 19.7.2012, proceeded to hold that the petitioners were entitled to admit 60 students for the academic year 2012-2013. Aggrieved by the same, the appellant Council filed the Writ Appeal.

5. According to the writ petitioners, Regulations 2012 have come into force on 18.7.2012 and the admissions start in August of every year. Normal procedure to submit application is before 30th April of that year. Having inspected the infrastructure available before March, 2012 and when the new scheme comes in July, 2012, there was no impediment for the Council and other authorities to permit the writ petitioner's Colleges to increase the intake from 50 to 60. It is further contended, when infrastructure was for more than 50 intake, it is sufficient for 60 students without further inspection whatsoever. Therefore, by operation of law, 50 intake has to be read as 60. In the old scheme, based on the orders issued by the Government of India, intake was fixed.

6. So far as the stand of the appellants and other authorities, Regulations