K.M.MEHTA, J. - (1.)Piyush Harshadrai Desai and 52 other students, petitioners have filed this petition with a prayer that this Court may issue a writ of or in the nature of mandamus or any other appropriate writ, order or direction to quash and set aside the decision and direction by respondent No. 3, Medical Council of India (hereinafter referred to as 'M.C.I.'), reflected in its communication dated 31-10-2003 and other communications dated 27-8-2003, 19-11-2003 and 3-2-2004, insofar as, it requires respondent No. 4 South Gujarat University to adhere to the time-schedule for granting of Post Graduate admission in academic year 2004. The petitioners further prayed that this Court may issue writ of or in the nature of mandamus or any other appropriate direction, holding that the time-schedule of P.G. (Post Graduate) admission provided by respondent No. 3, M.C.I, provided in its communication dated 31-10-2003 and 27-8-2003 and other communications, applies only in the context of granting P.G. admission on the basis of entrance test as qualifying examination, in the Universities, where the P.G. admission are granted on the basis of such examination already prevalent. The petitioners further prayed that this Court may further pleased to direct that the said time schedule and the date of 1st May does not apply where qualifying examination is only M.B.B.S. The petitioners further prayed by way of amendment that this Court may restrain respondent Nos. 4 and 5, i.e. South Gujarat University & Government Medical College, Surat herein from proceeding ahead to implement in any manner whatsoever the decision taken by the Board of University Teaching in its meeting dated 10-2-2004 in respect of agenda item No. 42, rejecting the recommendations of Medical Faculty and be further pleased to restrain respondent Nos. 4 and 5 from commencing the process of admission to P.G. Course including preparation of merit list in respect of minor/casual/repeat batch of academic year 2004.
(2.)The facts giving rise to this petition are as under : 2.1 On behalf of petitioners, learned senior Counsel Mr. S. N. Soparkar with Mr. N. V. Anjaria, learned Advocate with Mr. I. J. Desai appeared for petitioners and they made following submissions. Mr. N. V. Anajaria, learned Advocate has made written submissions also. The learned Advocate has made following submissions in the petition, which he has relied at the time of oral hearing in this behalf which are as follows :
(3.)Petitioners, herein, are the students aspiring to pursue post graduation in various medical disciplines after completion of their internship which they have been presently undergoing. The petitioners passed their qualifying M.B.B.S. examination held in May, 2003 and commenced their compulsory internship/ housemanship under the prevalent and existing Rules from 1-8-2003. The period of their internship will become over on 31-7-2004 and upon completion, they will become eligible to be admitted to Post Graduate Courses. The petitioners are the students of regular batch No. 65, who have passed their M.B.B.S. examination in regular course.