Rajan Roy, J. - (1.) The petitioners herein are students of opposite party no.6 college who have challenged an order dated 27.01.2017 passed by the Medical Council of India discharging them from First Year MBBS course on the basis of the recommendation/decision of its Monitoring Sub-Committee on the ground that they have been admitted to the said course by the opposite party no.6 college, even though, their names did not figure in the list of the students who had opted for the said college based on the Centralized counselling consequent to the National Entrance Eligibility Test (hereinafter referred to as ''the NEET') for the academic year 2016-17.
(2.) The contention of learned counsel for the petitioners was firstly, that the petitioners figured in the merit list prepared on the basis of ''the NEET' examination. They participated in the first round of Centralized counselling held by the State of U.P. but were not allotted the college opted by them, therefore, they did not participate in the other rounds of counselling consequently their names did not figure in the list of the students sent by the Director General, Medical Education U.P. to the opposite party no.6 for admission, however at some stage as the last date for admission was nearing and only 51 students had opted for admission in the opposite party no.6 college as against the sanctioned intake of 150, the college contacted the petitioners and as their names figured in the merit list of ''NEET' and as sanctioned seats were still vacant, therefore, they were admitted.
(3.) Secondly the same order dated 21.07.2017 as is impugned herein had been put to challenge before this Court by means of Writ Petition No. 10284 (MB) of 2017 (Saraswati Medical College vs. Union of India & others, Writ Petition No. 10310 of 2017 (Venkateshwara Institute of Medical Sciences vs. Union of India and others) and Writ Petition No. 10319 of 2017 (Krishna Mohan Medical College & Hospital vs. Union of India and others) which were allowed by a co-ordinate Bench of this Court on15.06.2017 and the said order relating to the said petitioners was quashed. The Special Leave Petition against the said judgment bearing SLP (C) No. 17624 of 2017 was also dismissed. Writ Petition No.14703(MB) of 2017 (Rajshree Medical Research Institute vs. Union of India ), Writ Petition No. 14590 of 2017 (Shekhar Raj Patel & others vs. Union of India), Writ Petition No. 11576 (MB) of 2017 (Shubhneet Kaur vs. Union of India), Writ Petition No. 12378 (MB) of 2017 (Shekhar Tripathi & others vs. Union of India), Writ Petition No. 18883 of 2017 (Kaveri Kalita vs Union of India) and Writ Petition No. 18819 (MB) of 2017 (Priyanshi Gupta and another vs. Union of India and others) were also allowed on 22.08.2017 in terms of the aforesaid judgment dated 15.06.2017 albeit pertaining to other institutions wherein similar orders were passed by the Medical Council of India.;