(1.) 32 writ petitions had been filed before this Court by the students who had qualified themselves in the CPMT examination held in June 1998 for admissions to medical colleges in the state of U.P. and they were called for counselling for the MBBS seats available in Azamgarh Medical College run by the All India Children Care and Education Development Society. They deposited the necessary fees and started attending the classes from July 12, 1999 and the 1st professional examination was held in May 2000 and all of them have cleared their first professional. When they came to join the 2nd professional course, certain deficiencies in the college were noticed by the Medical Council of India (for short "MCI') and, as directed by this Court by an order made on 4.5.2002 in civil appeal arising out of an order made by the High Court, the said college came to be closed. In those circumstances, this Court directed the MCI and the Directorate General of Medical Education to accommodate the students who had been admitted in this college in appropriate institutions.
(2.) NOW a complaint is made that neither the MCI nor the Directorate General of Medical Education have taken the necessary follow up steps to give effect to our order.
(3.) THE stand of the MCI now is that no medical college in view of the mandatory provisions of section 10-A of Medical Council of India Act is permitted to make even a single admission over and above its annual intake capacity and in this context reliance is placed on the decision of State of Punjab v. Renuka Singhla, and that , neither the directorate general of medical education of U.P. nor any other authority of the state has approached the MCI by any application under section 10-A of the Act for seeking increase in the existing annual intake capacity of any of the recognised government medical colleges in the state of U.P. by providing proportionate additional infrastructure and, therefore, question of grating admission must be worked in the recognised government medical college for the academic session 2002-2003 within the annual intake capacity fixed for these colleges.