JUDGMENT Attau Rahman Masoodi, J.: - It is awful to note that the medical colleges, who have completely failed to implement the orders passed by the Hon'ble apex court on 18.9.2014 and 25.9.2014 in Writ Petition (Civil) No. 469 of 2014 have been left scot-free, whereas the petitioner who appears to have shown some sense of responsibility, is subjected to serious consequences. The whole effort is to evade the accountability of the respective officers who, at the relevant point of time, have shown complete disrespect to the Hon'ble apex court orders mentioned above but, it must be understood by all, that the law would take its course. 2. This writ petition essentially directed against the order dated 30.12.2014 seeks the following relief: (i) Issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 30.3.2015 and 30.12.2014, issued by the Medical Council of India/opposite party no. 1, contained in annexure nos. 1 and 2 to this writ petition; (ii) Issue a writ or mandamus or a writ, order or direction in the nature of Mandamus commanding the opposite parties not to give effect the operation and implementation of the impugned orders dated 30.3.2015 and 30.12.2014 issued by the Medical Council of India/opposite party no. 1, contained in annexure nos. 1 and 2 to the writ petition; (iii) Issue a writ of mandamus or a writ, order or direction in the nature of mandamus commanding the opposite parties not to create any hindrance in the studies of 148 students admitted by the petitioner in MBBS course for the academic session 2014-15 pursuant to the orders dated 18.9.2014 and 25.9.2014, passed by the Hon'ble Supreme Court in Writ Petition (Civil) No. 469 of 2014. 3. 3. The relevant portion of the impugned order dated 30.12.2014 which is the point of contention, is reproduced below: "The matter was considered by the Executive Committee of the Council wherein it was observed that the admission made by the medical college, in MBBS course for, the Academic Year 2014-15, is in clear violation of the orders dated 18.09.2014 & 25.09.2014 passed by the Hon'ble Supreme Court, since the admissions made by the college are neither from the lists provided by the Director General of Medical Education & Training, Lucknow, Uttar Pradesh nor are in accordance with the order of merit from the waiting list, as has been directed by the Hon'ble Supreme Court of India. Since the admissions in the medical college in MBBS course for the academic session 2014-15, are in clear violation of the directions of the Hon'ble Supreme Court, hence the Executive Committee has decided to direct the institute to discharge all these students who have been admitted diluting the merit, with immediate effect and send compliance within 07 (Seven) days for further necessary action in the matter. Compliance of this discharge order be submitted within a period of 07(Seven) days failing which the Council shall proceed against the Insitution in accordance with the provisions of IMC Act, 1956 and the Regulations framed there under." Therefore you are directed to discharge all these students who have been admitted diluting the merit, with immediate effect and send compliance within 07 (Seven) days for further necessary action in the matter." 4. The impugned order, relevant extract of which is reproduced above, clearly refers to the two orders passed by the apex court on 18.9.2014 and 25.9.2014 which were passed in Writ Petition (Civil) No. 469 of 2014. Since the controversy has arisen in the background of orders passed by the apex court, it is needful that the relevant extract of orders passed by Hon'ble Supreme Court be reproduced and the same are reproduced hereunder: 18.9.2014 "Looking at the peculiar facts and circumstances of the case and, especially, when several seats for medical admission are likely to remain vacant for the academic year 2014-15, we are of the view that these matters require urgent consideration and we are giving these interim directions under the provisions of Article 142 of the Constitution of India. There is one more reason for passing this interim order. There is one more reason for passing this interim order. We are conscious of the fact that number of physicians in our country is much less than what is required and because of non-renewal of recognition of several medical colleges, our citizens would be deprived of a good number of physicians and therefore, we are constrained to pass this order, whereby at least there would be some increase in the number of physicians after five years. We are running against time because the last date for giving admissions to MBBS Course for the academic year 2014-15 is 30th September, 2014................................................................... ...........We also record the fact that in the recent past, the Medical Council of India has renewed recognition of Government Medical Colleges on the basis of undertakings and therefore, we see no reason not to permit the private colleges to admit students on the basis of undertakings given by their office bearer as a special case. ..........................The State Authorities, i.e., the Directorate of Medical Education & Research, of the respective States shall send students, in order of their merit, to the medical colleges run by the petitioners, which are situated within their States, within one week from the date of receipt of a copy of this order and the said students shall be admitted to the MBBS Course in accordance with the rules and regulations of the MCI and also regulations dated 16.04.2010 framed by the Medical Council of India, provided undertakings as mentioned above are filed on behalf of the concerned institutions...................................... ........................It is directed that the list of students getting admission in pursuance of this order shall be placed on record of this Court by 1st October, 2014 by the concerned institutions and a copy thereof shall also be sent to the MCI." 25.9.2014 "3. Our order shall also apply to all similarly situated institutions irrespective of the fact whether any petitions were or are pending in this Court or in any of the High Courts or even if they had not approached any court at all. This order shall also apply even in cases where there were orders of stay in favour of the Medical Council of India restraining the colleges from admitting students for the current academic session. 4. This order shall also apply even in cases where there were orders of stay in favour of the Medical Council of India restraining the colleges from admitting students for the current academic session. 4. The order shall not apply to colleges or institutions which have been disqualified by the Medical Council of India and/or the Central Government and have been prohibited from making any admissions for the current academic year 2014-15. 5. In cases where two separate lists are prepared and sent by the State agencies one relating to State quota and the other relating to management quota in private institutions, we clarify that for the current academic year there shall be only one list and that shall be the "State quota" alone. There shall not be any management quota list to be sent to the private colleges or institutions taking the benefit under our order dated 18th September, 2014. The Management quota shall also be filled through the State list and the fees chargeable for the management quota shall also be charged at the same levels and rates as applicable to State quota list. 6. We further clarify that private institutions taking benefit under our order dated 18th September, 2014 shall have to take students only from the State agencies and at fees chargeable for students in Government medical colleges as stated above, regardless of their status or claim as Minority Institutions or Deemed Universities." 5. In compliance of the order passed by the apex court on 18.9.2014, Director General, Medical Education and Training by letter dated 23.9.2014 as contained in Annexure-18 to the writ petition, forwarded a CD alongwith the said letter to five colleges, namely, Subharti Medical College, Meerut, Ruhelkhand Medical College, Bareilly, Career Institute of Medical Sciences, Lucknow, Rama Medical College Hospital and Research Centre, Ghaziabad and Mayo Institute of Medical Sciences, Barabanki (petitioner), who were the beneficiaries of the order passed by the apex court on 18.9.2014. The letter dated 23.9.2014 clearly recites as under: "ek0 U;k;ky; }kjk fn, x, mijksDr vkns'k ds vuqikyu esa lh0ih0,e0Vh0 2014 dh ijh{kk esa ,e0ch0ch0,l0 ikB~;dze gsrq vgZ ????? The letter dated 23.9.2014 clearly recites as under: "ek0 U;k;ky; }kjk fn, x, mijksDr vkns'k ds vuqikyu esa lh0ih0,e0Vh0 2014 dh ijh{kk esa ,e0ch0ch0,l0 ikB~;dze gsrq vgZ ????? Nk=ksa dh lh0Mh0 bl i= ds lkFk layXu djrs gq, voxr djkuk gS fd layXu lh0Mh0 esa mu Nk=ksa ds uke Hkh lfEefyr gS] tks lh0ih0,e0Vh0 2014 dh izFke @f}rh;@r`rh; dkmaflfyax ds ek/;e ls izns'k ds jktdh; esfMdy dkystksa @ vk;qosZfnd@gksE;ksiSfFkd dkystksa esa izosf'kr gSA vkoafVr Nk=ksa lwph bl dk;kZy; dh osclkbV www.updgme.in ij miyC/k gSA vr% vkils vuqjks/k gS fd ek0 U;k;ky; ds vkns'kksa ds vuqikyu esa fnukad 30 flrEcj 2014 rd izos'k izfdz;k esfMdy dkmafly vkWQ bf.M;k] ubZ fnYyh }kjk fu/kkZfjr ekudksa ds vuqlkj iw.kZ djrs gq, izosf'kr Nk=ksa dk iw.kZ fooj.k mudh esfjV ds vk/kkj ij 'kklu] bl dk;kZy; rFkk esfMdy dkmafly vkQ bf.M;k] ubZ fnYyh dks miyC/k djkuk lqfuf'pr djsaA" 6. Except the petitioner, no other college has admitted any students in pursuance of the orders passed by the apex court. By virtue of the apex court orders, permissible strength of students to be admitted in the college run by the petitioner against 'state quota' is 150 but 148 candidates are said to have been admitted. The order passed by the apex court is explicit to the extent that admissions were to be made strictly on merit and as per names of students sent by State authority, namely, Director, Medical Education and Training, in order of merit of the candidates. 7. The record reveals that the Director General, Medical Education having forwarded the CD containing the names of eligible candidates who qualified in CPMT-2014 and whose names stood included in the list, had also mentioned in the CD the details of respective candidates allotted in State medical colleges on the basis of counselling. On the very next day i.e. on 24.9.2014 by letter no. ME-3/2014 dated 24.9.2014, the Director General issued a press note a copy whereof was forwarded to various authorities of the State Government and the respective colleges including the petitioner. The copy of the press note was also sent to one advertising agency i.e. M/s M.M. Advertising, Lucknow with the request of wide publication in daily newspapers specifically 'Dainik Jagran' published in various regions of the State and 'Hindustan Times'. 8. The copy of the press note was also sent to one advertising agency i.e. M/s M.M. Advertising, Lucknow with the request of wide publication in daily newspapers specifically 'Dainik Jagran' published in various regions of the State and 'Hindustan Times'. 8. The press note, for ready reference, is reproduced below: " fjV ;kfpdk flfoy la[;k & 469 vkWQ 2014 fgUn pSfjVscy VªLV 'ks[kj gkWfLiVy izk0 fy0 cuke ;wfu;u vkWQ bf.M;k o vU; esa ikfjr ek0 loksZPp U;k;ky; ds vkns'k fnukad 18 flrEcj 2014 ds vuqikyu esa lwfpr fd;k tkrk gS fd lh0ih0,e0Vh0 2014 ds ek/;e ls ,e0ch0ch0,l0 ikB~;dze gsrq vgZ Nk=] tks fd mRrj izns'k esa Lfkkfir futh {ks= ds esfMdy dkWystksa] ftudk fooj.k fuEufyf[kr gS] esa izos'k gsrq bPNqd gSa] dks lwfpr fd;k tkrk gS fd] lh0ih0,e0Vh0& 2014 ds vgZ Nk=ksa dh esfjV lwph rFkk izns'k ds jktdh; esfMdy dkWystksa gsrq fu/kkZfjr 'kqYd lEcU/kh 'kklukns'k dh izfr lEcfU/kr dkWystksa dks miyC/k djk nh xbZ gSA izos'k gsrq bPNqd Nk= lEcfU/kr dkWystksa esa lh/ks lEidZ LFkkfir dj ldrs gSaA 1& LkqHkkjrh esfMdy dkWyst] LkqHkkjrhiqje] fnYyh&gfj}kjk&esjB ckbZikl] esjBA 2& : gsy[k.M esfMdy dkWyst] ihyhHkhr&cjsyh ckbZikl jksM] cjsyhA 3& dSfj;j baLVhV~;wV vkWQ esfMdy lkbalst] vkbZ0vkbZ0,e0 jksM] y[kuÅA 4& jkek esfMdy dkyst gkfLiVy ,oa fjlpZ lsUVj] jkekMsyh] ,u0,p0&24] 38 fd0eh0 ekbyLVksu gkiqM+&fnYyh gkbZos] xkft;kcknA 5& es;ks baLVhV~;wV vkWQ esfMdy lkbalst] ,u0,p0&28] ekbyLVksu 22] y[kuÅ&QStkckn jksM] xfn;k rglhy] uokcxat] ftyk ckjkcadhA" 9. Once the letters were duly forwarded to all the concerned authorities of the State Government, dereliction of duty on their part not to implement the apex court orders is loud and clear. 10. The petitioner while filing the present writ petition, in paragraphs 29 and 30 of the writ petition has stated about receiving the CD sent to the college alongwith letter dated 23.9.2014 but the manner in which CD alongwith the letter was communicated is not specifically disclosed. 11. In Para 30 of the writ petition, about the press note dated 24.9.2014, it is not specifically mentioned as to when and in which newspaper the same was published on the basis of which students came to contact the petitioner for admission to MBBS course pursuant to the interim order passed by apex court on 18.9.2014. 11. In Para 30 of the writ petition, about the press note dated 24.9.2014, it is not specifically mentioned as to when and in which newspaper the same was published on the basis of which students came to contact the petitioner for admission to MBBS course pursuant to the interim order passed by apex court on 18.9.2014. However, it is undisputed that before the last date i.e. 30.9.2014 admissions against as many as 148 seats were made by the college on the basis of the apex court order dated 18.9.2014 followed by the order dated 25.9.2014 from the list contained in CD but difference in the merit of candidates was noticeable. In compliance of the apex court orders, undertakings required to be filed within ten days from the date of order i.e. from 18.9.2014 and the list of all the students getting admission is said to have been placed on record before the apex court in the form of I.A. Nos. 4 and 5 filed in Writ Petition (Civil) No. 469 of 2014 as is evident from Annexure-6 filed alongwith this writ petition. 12. It is quite surprising as to why candidates did not report to other colleges and why the candidates being available in abundance were not admitted at all from the list contained in CD by any other college except the petitioner. This aspect did not become a matter of concern for any authority i.e. either MCI or the State Government and can not be left unattended, however, this Court takes a strong view of dereliction of duty on the part of concerned authorities of the State and MCI. 13. Learned counsel appearing for Medical Council of India (in short 'MCI') and learned counsel appearing for State of U.P. both have orally opposed the maintainability of the writ petition on the ground that the matter being pending before the apex court in Writ Petition (Civil) No. 469 of 2014, this Court may not have jurisdiction to entertain the writ petition. 14. At the same time, learned Chief Standing Counsel for the State submits that the admissions granted by the college (petitioner) are not objectionable as they have been made from the list forwarded in the form of CD. 14. At the same time, learned Chief Standing Counsel for the State submits that the admissions granted by the college (petitioner) are not objectionable as they have been made from the list forwarded in the form of CD. This stand is adopted in view of the stand expressed by Director General, Medical Education and Training, U.P., whose statement in the absence of counter affidavit being filed was recorded in the order dated 28.5.2015 as follows: "In compliance of order dated 27.5.2015, Dr. V.M. Tripathi, Director General, Medical Education and Training, U.P. is present in person. On specific query, whether any list in order of merit was forwarded by the State i.e. Director General, Medical Education and Research to the college to facilitate admission of students in MBBS course pursuant to the orders passed by the apex court, Dr. V.M. Tripathi replied that the list in the form of CD was duly forwarded to the college (petitioner) for availing the benefit of the orders passed by the apex court on 18.9.2014 and 25.9.2014 and for that purpose, an advertisement was also issued on 24.9.2014, whereby the students appearing in the list were required to report to respective colleges directly for admission. This was done to avoid counselling held impermissible by the apex court. On this premise, Director General, Medical Education and Training refutes the observation made in the impugned order by M.C.I. to the effect that the State had failed to forward any list to the college for admission to MBBS course from amongst the eligible candidates in the merit list. The statement of Director General, Medical Education and Training, who has joined on 14.2.2015, is taken to be the stand of State Government i.e. respondent no. 2." 15. MCI on the other hand has set out the stand in paras 8, 9, 10 and 11 of the counter affidavit, reproduced below: "8. That it is submitted at the very threshold that the present petition is not maintainable as the petitioner medical college has not approached this Hon'ble Court with clean hands and is trying to mislead this Hon'ble Court regarding the admission made by them in the academic year 2014-15 which on the face of its seems like a clear example of pick and chose. It is submitted that the list of students admitted by the petitioner medical college, as furnished by them vide their letter dated 01.10.2014 revealed that the admissions have been randomly made between the rank of 548 to 19,348 compromising merit. 9. That it is relevant to submit here that the Director General, Medical Education & Training, Lucknow, U.P vide its communication dated 21.11.2014 had informed the answering respondent that no counseling was conducted by the petitioner medical college for making admissions for the academic year 2014-15 and further that the list of students provided by the petitioner medical college had been prepared by the college itself and the DGME had not made any admissions in the petitioner medical college. 10. That it is submitted that in view of the above, it is abundantly clear that the admissions made were in clear violation of the orders dated 18.09.2014 and 25.09.2015 passed by the Hon'ble Supreme Court in W.P. No.469 (C) of 2014 and accordingly discharge orders dated 30.12.2014 was sent to the petitioner medical college directing to discharge all the students admitted for the academic year 2014-15. 11. That in view of the above the answering respondent humbly submits that the present writ petition is not maintainable as the petitioner medical college has admitted students in the academic year 2014-15 in clear violation of the order passed by the Hon'ble Supreme Court of India." 16. Repelling the contentions of learned counsel for MCI and the State of U.P., learned counsel for the petitioner has drawn attention of this Court to the following paragraph of the apex court order dated 18.9.2014: "Looking at the peculiar facts and circumstances of the case and, especially, when several seats for medical admission are likely to remain vacant for the academic year 2014-15, we are of the view that these matters require urgent consideration and we are giving these interim directions under the provisions of Article 142 of the Constitution of India. There is one more reason for passing this interim order. There is one more reason for passing this interim order. We are conscious of the fact that number of physicians in our country is much less than what is required and because of non-renewal of recognition of several medical colleges, our citizens would be deprived of a good number of physicians and therefore, we are constrained to pass this order, whereby at least there would be some increase in the number of physicians after five years. We are running against time because the last date for giving admissions to MBBS Course for the academic year 2014-15 is 30th September, 2014. We also desire to reconsider the directions given by this Court in the judgment of Priya Gupta v. State of Chhattisgarh [ (2012) 7 SCC 433 ], but at this juncture, as we do not have sufficient time to decide all these petitions finally, we are passing this interim order and the matter with regard to reconsideration of the aforestated judgment would be considered while finally disposing of this group of petitions." 17. In view of above, it is argued that pendency of the matter before the apex court stands with respect to reconsideration of the judgement in the case of Priya Gupta v. State of Chhattisgarh but so far as interim directions issued under Article 142 of the Constitution of India are concerned, the matter has attained finality. Moreover, learned counsel for the petitioner has also stated that no proceeding at the instance of the petitioner relating to the subject matter of present writ petition, is pending before the apex court, therefore, this Court, to the extent of validity of the impugned orders, has jurisdiction under Article 226 of the Constitution and the matter can be entertained for redressal of the petitioner's grievance. 18. 18. It is made clear that this Court has not entertained this writ petition on any other aspect i.e. the entitlement of the petitioner to retain the students on fulfilling the conditions which are a subject matter of undertaking but the present writ petition, to the extent of validity of the impugned order discharging the students who have been granted admission in pursuance of direction issued under Article 142 of the Constitution of India, is entertained and that too on the ground that no student having preferential right of consideration has objected to the admission of any student alleged to have been admitted from the list contained in the CD. What is more serious, is the slackness on the part of the MCI as well as the State Government to deal with other colleges, who have completely failed to admit any student pursuant to the apex court orders and in this manner, the directions so issued by the apex court have been rendered futile. 19. Once the matter regarding undertaking given by respective colleges is pending and the list of the students getting admission was filed before the apex court, as is said to have been done by the petitioner as well, any order or clarification in respect of the said students ought to have been done with the leave of apex court by pointing out the violation, if any. Such a course was not adopted by MCI. On the contrary, MCI entered into correspondence with the State Government and with the college as regards clarifications and seeking their personal attendance as is evident from letter dated 31.10.2014, which is reproduced as under: "Regarding the subject cited above, I am directed to inform you that the matter with regard to non-receipt of information as sought vide Council letter No. MCI-34(MC)/2013/135708, dated: 21/10/2014 and subsequent reminder 29/10/2014, was considered by the President, Medical Council of India. Therefore, you are directed to meet in person to the Secretary I/c, on 05th November 2014 at 11: 00 a.m. sharply alongwith the list of students sent by the Director, Medical Education for admission in MBBS course for the Academic Year 2014-15 at your college in pursuance to the above mentioned orders dated 18.09.2014 and 25.09.2014. The necessary action will be taken in case you are failed to meet in person with in stipulated period." 20. The necessary action will be taken in case you are failed to meet in person with in stipulated period." 20. It appears that things not having materialized resulted into further correspondence with the State Government by means of letter dated 12.11.2014 seeking clarification on four points, namely: 1. "Whether admissions have been made from the list provided by DME UP or not. 2. If yes please provide the date of Counseling conducted by DME. 3. Copy of individual admission order for each and every student made by Mayo Institute of Medical Sciences,Lucknow. 4. Fees charged by the college from the students." 21. The State Government in response to the said letter is said to have replied on 21.11.2014. Pointwise reply is reproduced in the impugned order dated 30.12.2014 itself against which further representation was filed by the petitioners on 13.1.2015 but the same was also rejected by another order dated 30.3.2015, which have been collectively assailed in the present writ petition. 22. The order passed by the apex court is clear on the point of allowing admissions to MBBS course by departing from the settled law in Priya Gupta case, but no other college except the petitioner has made any effort to implement the apex court orders. Medical Council of India as well as State Government have failed to ensure strict compliance of the apex court orders and departure of merit being free from any protest by any candidate having preferential right, certainly calls for interference in the impugned orders. Moreover, the State Government has also not seriously disputed the admissions to be objectionable. 23. The impugned orders passed in the background of factual position recorded above, are clearly without authority of law and the discharge of the students being palpably erroneous and arbitrary, is liable to be set aside. 24. Accordingly, the impugned orders dated 30.12.2014 and 30.3.2015 are hereby set aside and the consequences shall follow. The respondents are directed to allow the students to complete their course at par with other students of their batch. 25. This Court taking note of serious violation of the orders passed by the apex court on 18.9.2014 and 25.9.2014 by the concerned authorities of MCI as well as the State Government i.e. allowing the seats to lapse, proceeds to impose cost of Rs. 25. This Court taking note of serious violation of the orders passed by the apex court on 18.9.2014 and 25.9.2014 by the concerned authorities of MCI as well as the State Government i.e. allowing the seats to lapse, proceeds to impose cost of Rs. One lakh each on the MCI as well as on the State Government who, being responsible to monitor recognition etc. have failed to implement the apex court orders. This amount is open to be recovered from the erring officers by putting them to notice and disciplinary action, who at the relevant point of time, were at the helm of affairs. 26. This order is passed without prejudice to the rights of MCI to make an application before the Hon'ble Supreme Court seeking clarification with regard to the undertaking submitted by the petitioner or any violation thereof on account of which further continuance of the students may be objectionable or impermissible. 27. The cost shall be deposited in the library fund of this Court within a period of one month from today. On failure to deposit the cost within the period aforesaid, the same shall be recovered as arrears of land revenue by the Senior Registrar of this Court. With the aforesaid directions, the writ petition is disposed of finally.