ATTAU RAHMAN MASOODI, J. - (1.) IT is awful to note that the medical colleges, who have completely failed to implement the orders passed by the Hon'ble apex court on 18.9.2014 and 25.9.2014 in Writ Petition (Civil) No. 469 of 2014 have been left scot -free, whereas the petitioner who appears to have shown some sense of responsibility, is subjected to serious consequences. The whole effort is to evade the accountability of the respective officers who, at the relevant point of time, have shown complete disrespect to the Hon'ble apex court orders mentioned above but, it must be understood by all, that the law would take its course.
(2.) THIS writ petition essentially directed against the order dated 30.12.2014 seeks the following relief: (i) Issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 30.3.2015 and 30.12.2014, issued by the Medical Council of India/opposite party no. 1, contained in annexure nos. 1 and 2 to this writ petition; (ii) Issue a writ or mandamus or a writ, order or direction in the nature of Mandamus commanding the opposite parties not to give effect the operation and implementation of the impugned orders dated 30.3.2015 and 30.12.2014 issued by the Medical Council of India/opposite party no. 1, contained in annexure nos. 1 and 2 to the writ petition; (iii) Issue a writ of mandamus or a writ, order or direction in the nature of mandamus commanding the opposite parties not to create any hindrance in the studies of 148 students admitted by the petitioner in MBBS course for the academic session 2014 -15 pursuant to the orders dated 18.9.2014 and 25.9.2014, passed by the Hon'ble Supreme Court in Writ Petition (Civil) No. 469 of 2014.
(3.) THE relevant portion of the impugned order dated 30.12.2014 which is the point of contention, is reproduced below: "The matter was considered by the Executive Committee of the Council wherein it was observed that the admission made by the medical college, in MBBS course for, the Academic Year 2014 -15, is in clear violation of the orders dated 18.09.2014 and 25.09.2014 passed by the Hon'ble Supreme Court, since the admissions made by the college are neither from the lists provided by the Director General of Medical Education and Training, Lucknow, Uttar Pradesh nor are in accordance with the order of merit from the waiting list, as has been directed by the Hon'ble Supreme Court of India. Since the admissions in the medical college in MBBS course for the academic session 2014 -15, are in clear violation of the directions of the Hon'ble Supreme Court, hence the Executive Committee has decided to direct the institute to discharge all these students who have been admitted diluting the merit, with immediate effect and send compliance within 07 (Seven) days for further necessary action in the matter. Compliance of this discharge order be submitted within a period of 07(Seven) days failing which the Council shall proceed against the Insitution in accordance with the provisions of IMC Act, 1956 and the Regulations framed there under." "Therefore you are directed to discharge all these students who have been admitted diluting the merit, with immediate effect and send compliance within 07 (Seven) days for further necessary action in the matter.";