- (1.) Heard Sri S.K. Kalia, learned Senior Counsel for the appellant in Special Appeal No.513 of 2016, Shri Sharad Pathak in Special Appeal No. 516 of 2016 and Sri Amrendra Nath Tripathi in Special Appeal Nos.519 and 520 of 2016.
(2.) Special Appeal No.513 of 2016 has been filed by the institution, namely, Society for Advancement of Environmental Science that has setup a private Medical College and the dispute relates to admission against 150 seats in the M.B.,B.S., course in the year 2015 in the said institution.
(3.) The other appeals are by the students who claim admission in the institution on several grounds and they had been beneficiaries under the interim order of the Division Bench in Writ Petition No.6703 (MB) of 2015 dated 24.9.2015 that was also filed by the appellant Society. The interim order dated 24.9.2015 is extracted hereunder for ready reference:- Heard Sri S.K. Kalia, learned Senior Advocate, assisted by Sri Rajat Rajan Singh and Sri Sameer Kalia appearing for the petitioner, Sri S.B. Pandey, learned Assistant Solicitor General of India appearing for Union of India, learned Standing Counsel appearing for the State-respondent, Sri Gyanendra Kumar Srivastava, learned counsel appearing for the respondent No.3 and Sri Shobhit Mohan Shukla, learned counsel appearing for the respondent No.4. Considering the fact that the last date of admission of MBBS First Professional Course is 30.09.2015, we pass the following interim order, which will be followed by the reasons subsequently; (i) The Institution is permitted to admit 150 students in the MBBS First Professional Course as per the existing system of the admission applicable to the petitioner's institution. (ii) The admission of the students under this order will be subject to further orders which may be passed by this Court in this writ petition. (iii) The petitioner's institution, while making admissions, will clearly indicate and apprise the students in writing that their admission, if any, will be subject to further orders which may be passed by this Court in this writ petition and in case of failure of the writ petition, their admission to this institution shall stand automatically cancelled. The students so informed shall be required to furnish an undertaking to the Registrar of the University concerned to the effect that they have been informed about this order and they will not have any claim with regard to admission with this institution and that they understand that in case the writ petition fails, their admission shall stand cancelled. (iv) The petitioner's institution shall furnish Bank Guarantee to the extent of total fees with the Registrar, Dr. Ram Manohar Lohiya Awadh University, Faizabad, which may be charged from the students for admitting them in MBBS First Professional Course. (v) The said order has been passed in the presence of the learned counsel appearing for Union of India, State Government, Medical Council of India and Dr. Ram Manohar Lohiya Awadh University, Faizabad. ;