NAVANITI PRASAD SINGH,J. - (1.) By this writ petition, the eight petitioners, who got admission in Al - Azhar Medical College and Super Speciality Hospital in the Session 2016-17, challenge Exhibit P30 order dated 02/06/2017 passed by the Admission Supervisory Committee whereby, their admissions were cancelled. Their challenge is also against Exhibit P45 order dated 29/07/2017 by which, the Committee has declined to review Exhibit P30 order. We are informed at the Bar that there is yet another review application pending, which the petitioners had filed, out of desperation, but the result being known, they would not pursue the same.
(2.) The facts are not in dispute. For admission to the Session 2016-17, at the end, there were vacancies still left in some Medical Colleges. It appears that a Division Bench of this Court in Exhibit P1 order dated 26/08/2016 passed in W.P.(C) No. 28041 of 2016 directed, inter alia, that admissions to MBBS / BDS Courses should be only on the basis of the ranking of candidates in the rank list of NEET, 2016 and on the basis of the inter se merit among the candidates. This Court further clarified by ordering that it would be available only to students, who have applied to respective colleges, meaning thereby, notwithstanding the merit, a direct application through on - line to the College was required to be submitted. It so happened that these petitioners, pursuant to such directions, had applied to various colleges, but not to the College in question. All seats in this College remained vacant. In the last round of spot admission, pursuant to a public advertisement issued by the College, the petitioners, who were in the NEET merit list, applied and got admission.
(3.) It may be noted here that the above conditions of making applications to the College and the undertaking given by the institution in this regard, as required by the Division Bench of this Court noted above, were set aside by the Apex Court by Exhibit P9 order dated 28/09/2016 in Civil Appeal No. 9862 of 2016. It appears that this matter was reported to the Admission Supervisory Committee and by the impugned order, as contained in Exhibit P30 dated 02/06/2017, the Committee, without notice to the petitioners, set aside their admission. We may clarify that even though the admissions of the students were to be cancelled, explanation was called for only from the Principal of the Institution and no notice whatsoever was issued to them.;