Bhaskar Bhattacharya, J. - (1.)By these two writ applications, State of West Bengal through Government of West Bengal, Health and Family Welfare Department and the Principal Secretary of such department have prayed for direction upon the respondent No. 1 not to raise untenable, unreasonable and unlawful objection to the grant of permission for setting up to two new medical colleges, one at Midnapore and the other at Kolkata and to pave the way for commencing the MBBS Course in those two colleges for academic session 2003- 04. The petitioners have further prayed for declaration that permission for setting up such new medical colleges had already been given with effect from the expiry of one year from the dates of filing of the schemes in terms of section 10A, sub-section (5) of the Indian Medical Council Act, 1956 (hereinafter referred to as "the Act"), The petitioners have also prayed for consequential relief permitting them to admit students in those two colleges pursuant to such deemed permission.
(2.)These two applications are opposed by both the Medical Council of India ("MCI") and Union of India. The MCI has filed affidavit-in-opposition but the Union of India has not filed any affidavit.
(3.)After the aforesaid two applications were entertained by this Court, nine persons came forward with an application for being added as respondents in these two writ applications on the ground that they appeared at the Joint Entrance Examination for admission to MBBS Course under category of Foreign students/NRI/NRI Sponsoredship/Management Quota held on 17th August, 2003 and they have found place in the higher level of the merit list. They contend that if recognition is granted to those two medical colleges, they will get admission in the first year MBBS Course. According to them, they are, thus, interested in the fate of these two writ applications and as such, they should added as respondents.
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