Ashok Bhushan, J. - (1.) The appellants, ten in numbers, have filed this appeal against the Division Bench Judgment of the High Court of Kerala dated 04.01.2018 by which their writ petition challenging the order of Admission Supervisory Committee dated 03.06.2017 has been dismissed.
(2.) The brief facts of the case which need to be noted for deciding this appeal are: The Malabar Medical College and Research Centre has sanctioned intake capacity of 150 students in MBBS Course. With effect from 20162017 admission in MBBS Course was to be conducted on the basis of NEET examination. This Court vide its order dated 06.05.2016 in Sankalp Charitable Trust and another vs. Union of India and others, 2016 7 SCC 487, has directed that no examination shall be permitted to be held for admission to MBBS or BDS studies by any private college or association or any private/deemed university. All admissions in the MBBS Course were to be done on the basis of National EligibilitycumEntrance Test (NEET). All the appellants appeared in the NEET examination and declared qualified with their respective ranks. The State of Kerala has issued various Government orders pertaining to admission procedure in Government/Management/NRI seats in the private/selffinancing Colleges. As per the orders issued by the Government of Kerala, the Commissioner of Entrance Examination shall make allotment for MBBS in the Government Management/NRI seats in all private/selffinancing Colleges.
(3.) The Writ petitions were filed by different Medical Colleges challenging the Government Orders. The Kerala High Court in a bunch of writ petitions, leading writ petition being No.28041 of 2016 on 26.08.2016 stayed the orders issued by the State of Kerala with certain directions pertaining to admission in MBBS/BDS Courses. The Malabar Medical College (hereinafter referred to as the 'College') submitted a prospectus to the Admission Supervisory Committee (hereafter referred to as the 'ASC') and got it approved on 06.09.2016. As per the order passed by the Kerala High Court dated 26.08.2016 and as per procedure laid down by the ASC, the applications for admissions were to be made online. Last date for submitting application online for admission was 09.09.2016. The respective Colleges were also directed to publish the list of applications received online so as to enable the ASC to supervise and guide the entire admission process.;