JUDGEMENT
L.NAGESWARA RAO,J. -
(1.) Writ Petition (C) No.40 of 2018 has been filed by Saraswati Educational Charitable Trust challenging the notice
dated 29th September, 2017, issued by the second
Respondent-Medical Council of India by which the Saraswati
Medical College (hereinafter referred to as "œthe College ") was
directed to discharge 132 out of 150 students admitted in the
first year Bachelor of Medicine, Bachelor of Surgery (MBBS)
course for the academic year 2017-2018.
(2.) Writ Petition (C) No.291 of 2019 has been filed by 71 students who have been admitted in first year MBBS course
for the academic year 2017-2018 in Saraswati Medical
College to permit them to continue with their studies and to
direct the Registrar, Uttar Pradesh Medical Council, the
seventh Respondent herein to declare their results of the first
year MBBS course.
(3.) Saraswati Medical College was established by Saraswati Educational Charitable Trust in the year 2016. The College
applied for grant of renewal of permission for admission of
150 students for the academic year 2017-2018. An inspection was conducted in November, 2016 followed by a
second surprise inspection by the assessing team on 21st and
22nd November, 2016. Renewal of permission was not granted by an order dated 10th August, 2017 which was
challenged by the Petitioner in Writ Petition No.515 of 2017
before this Court. This Court by its judgment dated 1st
September, 2017 directed the Respondents therein to permit
the College to take part in the counselling process for the
year 2017-2018. The cut-off date for completion of
admission in respect of the College was extended till 5th
September, 2017. The Respondents were directed to make
available students willing to take admission in the College
through central counselling in order of merit. The Petitioner
No.2 requested the Director General of Medical Education
and Training- Respondent No.3 herein to provide a list of
students from the National Eligibility-cum-Entrance Test
(NEET), 2017 merit list to enable the College to make
admission before 5th September, 2017. An email was sent by
the College to the third Respondent with the same request
for providing the list of students at 6:41 p.m. on 1st
September, 2017. On 4th September, 2017, the Management
of the College reiterated the request of allotment of students
for admission into first year MBBS course.;
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