ORDER : Ashok Bhushan, J. We have heard learned counsel for the applicants, Shri Gaurav Sharma, learned counsel appearing for the Medical Council of India. Shri Ajit Kumar Sinha, learned senior counsel appearing for the Union of India and learned counsel for the State of Bihar. 2. I.A. No. 44513 of 2017 has been filed by Katihar Medical College whereas I.A. No. 44508 of 2017 has been filed by another private Medical College, namely, Mata Gujri Memorial Medical College and Lions Seva Kendra Hospital Kishanganj. Both the applications have been filed on 29th May, 2017 praying for direction to State of Bihar via the BCECE Board to hold a fresh counselling for the seats available in the Applicants' Colleges which are lying vacant and could not be filled up due to haphazard and arbitrary counsellings conducted by the Board. The Applicants pray that the last date for PG Course in Medical Colleges i.e. 31.05.2017 may be relaxed and extended in respect of the vacant seats in the Applicants' Institutions. 3. The State of Bihar filed a reply in the aforesaid two Applications and has also filed I.A. No. 45886 of 2017 praying for the following directions: "A. Allow the present application for direction permitting the State Authorities an extension of 2 weeks time from the date of the order to conduct counselling or any other period that this Hon'ble Court may deem appropriate for completing the counseling and admission procedure of abovementioned vacant seats in PG Courses as well as in Diploma Courses across the State of Bihar. B. Pass such other orders as this Hon'ble Court may deem fit in the facts and circumstances of the present case.” 4. The State of Bihar in its reply to the Applications as well as in the Application for direction have given details of counselling and procedure adopted in paragraphs 12 to 21, the sequence of the events, counselling held and the reasons for cancelling the counselling as well as second part of the counselling. Paragraphs 12 to 21 are as follows:- 12. It is submitted that 1st Counselling was done by the BCECE Board from 10.04.2017 to 15.04.2017. 13. That in the meanwhile, the Union government communicated that 143 seats of PG courses and 32 seats of Diploma courses belonging to the Central Quota have remained vacant from the All India Quota. Paragraphs 12 to 21 are as follows:- 12. It is submitted that 1st Counselling was done by the BCECE Board from 10.04.2017 to 15.04.2017. 13. That in the meanwhile, the Union government communicated that 143 seats of PG courses and 32 seats of Diploma courses belonging to the Central Quota have remained vacant from the All India Quota. The State of Bihar was subsequently asked to fill up these vacant seats as state quota. 14. That thereafter, the 2nd counselling was conducted by the BCECE Board from 16.05.2017 to 20.05.2017 but during the course of counselling some students created nuisance over the issue of reservation policy. 15. It is submitted that this led to a law and order situation and the State authorities were left with no recourse except to stop the counselling process. Upon examining the complaints of the students, the State Government decided to cancel 1st he as well as 2nd part of Counselling and rescheduled it on 28.05.2017 and 29.05.2017. 16. In the meantime, the State authorities carefully reviewed this issue and came out with a new resolution issued vide Memo No. 569(1) dated 27.05.2017. This resolution introduced a new formula for counselling in PG courses. 17. That a perusal of the Clause (iii) of the said resolution dated 27.05.2017 provides that for admission in PG courses in year 2017, all seats of State Quota and left over seats of All India Quota will be amalgamated and it was further that the counseling for all the seats will be conducted afresh under State Reservation Rules as described in Clause (i) and (ii). 18. That in light of the abovesaid resolution, fresh recounselling was done on 28.05.2017 and 29.05.2017 and second counseling and mopup counseling was done on 31.05.2017 by which 349 seats were allotted in PG Degree Courses and Diploma Courses. 19. That upon completion of 2nd Counselling and Mopup Counselling, 62 seats (PG) and 20 seats (Diploma) are vacant in Government Medical Colleges. A true copy of 82 vacant seats of students in Government Medical Colleges is annexed herewith as Annexure A.1. 20. That for Private Medical Colleges, the 1st Counselling was done on 14.04.2017 and 15.04.2017. The 2nd Counselling was done on 24.05.2017 and 25.05.2017. The Mopup Counselling was conducted on 30.05.2017. 21. A true copy of 82 vacant seats of students in Government Medical Colleges is annexed herewith as Annexure A.1. 20. That for Private Medical Colleges, the 1st Counselling was done on 14.04.2017 and 15.04.2017. The 2nd Counselling was done on 24.05.2017 and 25.05.2017. The Mopup Counselling was conducted on 30.05.2017. 21. That it is humbly submitted that 82 seats (62-PG and 20-Diploma) in Government Medical Colleges and 70 Seats (62-PG and 8-Diploma) in Private Medical Colleges are lying vacant across the State of Bihar, as on date.” 5. Shri Gaurav Sharma, learned counsel appearing for the Medical Council of India has opposed the Applications filed by the private Medical Colleges as well as Application filed by the State of Bihar. He submits that in the schedule fixed for admission which has been approved by this Court by order dated 18.01.2016 in Writ Petition (C) Nos. 314 and 328 of 2015, 31st May is the last date for admission in the PG Medical Courses. He has referred to the note contained in “time Schedule for completion of Admission Process for PG (Board Specially) Medical Courses for All India Quota and State Quota”. He has referred to note 3' which provides as follows:- “3. In any circumstances, last date for admission/joining will not be extended after 31st May.” 6. Shri Gaurav Sharma submits that this Court time and again has reiterated that time schedule prescribed by the Medical Council of India is to be strictly adhered to. It is submitted by Shri Sharma that large number of seats which are said to be vacant are the branches which normally are not preferred by the students, he has referred to page 11 of the Application of State of Bihar that is Vacancy Report after Counselling held on 31.05.2017. In support of his submission he further contends that high fee structure as prescribed by the private Medical Colleges who have given annual fee as Rs.40 lacs as well as Bank Guarantee for next two years fee is the reason due to which large number of students are unable to take admission and the Colleges themselves have to blame for such stringent conditions for admission and they cannot claim any extension of time schedule which has already been fixed by the Medical Council of India and approved by this Court by judgment dated 18.01.2016. 7. 7. Shri Ajit Kumar Sinha, learned senior counsel appearing for Union of India submits that when the time schedule has been fixed by this Court, the same cannot be allowed to be changed on the strength of IA. He submits that by the IAs, applicants cannot ask for review of the judgment and sort of review the time schedule fixed for admission cannot be allowed to be changed. 8. Learned counsel for the private Colleges in support of their applications contend that the postponement of counselling, time and again and ultimately cancelling first and second part of the counselling and rescheduling it on 28th and 29th May was reason due to which large number of students could not take admission. It is submitted that initially there was no All India Publication of the counselling programme. It is submitted that first as well as second counsellings were rescheduled and postponed on several occasions. It is submitted that a large number of seats are vacant in the Applicants' Institutions. In Katihar Medical College, 41 PG seats in different subjects are vacant after the last date of second counselling whereas in Mata Gujri Memorial Medical College number of vacant seats in PG Course is 48. 9. Learned counsel appearing for the State of Bihar has given a sequence of events pertaining to first and second counselling. It is submitted that when second counselling was conducted by the Board from 16.05.2017 to 20.05.2017, during the course of counselling some students created nuisance over the issue of reservation policy which led to a law and order situation and the State authorities were left with no recourse except to stop the counselling process. Upon examining the complaints of the students, the State Government decided to cancel the first as well as second part of the counselling and rescheduled it on 28.05.2017 and 29.05.2017. Further, a new resolution was passed on 27.05.2017 introducing new formula for counselling in PG Courses. Further, wherein all seats of State Quota and left over seats of All India Quota will be amalgamated and it was decided that the counselling for all the seats will be conducted afresh under State Reservation Rules. The sequence of events as given by the State of Bihar has already been noted and extracted above. 10. Further, wherein all seats of State Quota and left over seats of All India Quota will be amalgamated and it was decided that the counselling for all the seats will be conducted afresh under State Reservation Rules. The sequence of events as given by the State of Bihar has already been noted and extracted above. 10. Learned counsel for the Applicants has also placed reliance on various orders of this Court wherein this Court has granted relaxation in time schedule for admission. The Applicants have placed reliance on the following judgments of this Court in above respect:- (I) Judgment of this Court in C.A.No.9835 of 2016 (State of Maharashtra & Ors. vs. Dr. D.Y. Patil Vidyapeeth & Ors.) wherein this Court issued direction in paragraph 12(v) where time for completion of admission which is 30th September, 2016 was extended by 7th October, 2016. Paragraph 12(v) of the judgment is as follows:- “12(v). Since it may not be possible to complete the process of admission by September 30, 2016, we extend the time to complete the admission by October 7, 2016.” (II) Learned counsel also placed reliance on judgment of this Court dated 25th May, 2017 in C.A.Nos.81798181 of 2017 (State of Haryana and another etc. etc. vs. Dr. Narender Soni and others etc. etc. In paragraph 17 of the judgment following was held: "17. In the peculiar facts and circumstances of the case, the State of Haryana, if it wishes to give weightage for admission in postgraduate courses under the proviso to Regulation 9(IV), it must come out with a fresh notification identifying remote and/or difficult areas as discussed in the present order, within one week from today and to facilitate the same, the last date for admission is extended to 10th of June, 2017.” (III) Order of this Court dated 29.05.2017 in SLP(C) Nos.1585915860 of 2017 with regard to State of Jammu & Kashmir, the time was extended till 15th June, 2017. The order of this Court is as follows:- "Having regard to the peculiar facrs of these cases, the special leave petitions are dismissed, leaving the question of law open. Since the petitioner will have to do fresh exercise in terms of the order passed by the High Court, time to do that exercise is extended till 15th June, 2017. We are conscious of the fact that in other cases time is extended only till 10th June, 2017. Since the petitioner will have to do fresh exercise in terms of the order passed by the High Court, time to do that exercise is extended till 15th June, 2017. We are conscious of the fact that in other cases time is extended only till 10th June, 2017. However, in the peculiar situation in the State of Jammu & Kashmir, as an exceptional case, time is extended till 15th June, 2017. The Special Leave Petitions are dismissed. Pending applications, if any, stands disposed of accordingly.” 11. From the facts brought up by the State of Bihar it is apparent that in Government Medical Colleges 62 seats in PG and 20 seats in Diploma are vacant whereas in Private Medical Colleges 62 seats in PG and 8 seats in Diploma are vacant. As noted above, the Private Medical Colleges have filed these Applications on 29th May, 2017 that is well before the last date of completing the admission. In reply to the said Applications all necessary facts have been stated by the State of Bihar in giving details of first and second counselling, rescheduling the counselling and holding the MOPUP counselling on 31st May, 2017. 12. From the perusal of the time schedule of counselling as framed by the Medical Council of India and its Regulation and approved by this Court on 18.01.2016, it is clear that the time schedule for first round counselling for State Quota was from 4th April to 15th April whereas second round counselling was to be conducted between 11th May to 20th May. Although, the State initially held the first and second counselling within the time schedule but decision was taken to cancel the first and second part of the counselling on 26th May. The notification was issued by the Government of Bihar on 26th May, 2017 informing cancellation of first and second part of the counselling with regard to the Medical Colleges of State. Councellings with regard to private Medical Colleges for PG Courses were also rescheduled and adjourned. 13. Learned counsel for the Medical Council of India has also brought on record notice issued for MOPUP counselling for Private Medical/Dental Colleges which was to take place on 30th May, 2017. With regard to the admission in State of Bihar, the State itself has come up referring to various practical difficulties and reasons for disruption of counselling process. 13. Learned counsel for the Medical Council of India has also brought on record notice issued for MOPUP counselling for Private Medical/Dental Colleges which was to take place on 30th May, 2017. With regard to the admission in State of Bihar, the State itself has come up referring to various practical difficulties and reasons for disruption of counselling process. The time schedule framed by the Medical Council of India as approved by this Court itself indicates that proper care has been taken in fixing the time schedule giving sufficient time for filling up seats which could not be filled up by the first, second and mopup counselling. When first and second rounds of counselling have been completed on 30th May, after cancelling of earlier counsellings, there was no time schedule to take steps for filling up vacant seats of Government Medical Colleges and Private Medical Colleges. It is true that the time schedules fixed by the Medical Council of India and approved by this Court have to be adhered to and normally this Court is reluctant to grant relaxation in time schedule. However, learned counsel for the Applicants have referred to various circumstances where this Court due to compelling reasons gave limited relaxation in the time schedule for completion of admission. With regard to the postgraduate admission for the year 201718, this Court has already granted extension of time in the State of Harayana and J & K. With regard to State of J & K extension has been granted till 15th June, 2017 to complete the process of admission. Thus, stand is taken by the State of Bihar that no prejudice shall be caused to any stakeholder in the event the State Authorities are granted an extension for completing the counselling and admission process for filling up vacant seats in PG Courses as well as Diploma Courses across the State of Bihar. 14. In view of the facts and peculiar circumstances in which State of Bihar had to cancel first and second part of counselling and had fixed fresh counselling on 29th and 30th May and looking to the substantial vacant seats both in Government Medical Colleges and private Medical Colleges, we are satisfied that the State is right in asking for giving further time to take steps to fill up the vacant seats in PG Degree Courses and Diploma Courses. 15. 15. Thus, in the facts and circumstances of the case, we extend time for completing the admission process by 15th June, 2017 by holding an extended counselling by the Board. We further direct that only those students shall be invited to participate in extended counselling whose Roll numbers were reflected both in the Government Medical Colleges and Private Medical Colleges in the last notice for counselling and the eligibility is confined to those students only who were invited in the last counselling and could not take admission. 16. All the applications are disposed of accordingly. ASHOK BHUSHAN, J . These applications have been filed by two private Universities, namely, People's University and Malwanchal University Indore. In both the applications Applicants have made identical prayers which are to the following effect: "In view of the above it is most respectfully prayed that this Hon'ble Court may be pleased to:- a. Allow the present application for intervention; b. Permit the applicant to intervene in the present Petition; and c. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.” 2. The case of the Applicants is that the State of Madhya Pradesh conducted counselling for admission in Postgraduate Medical Courses as per schedule dated 03.05.2017. It is stated that there was delay in holding first and second counselling. Two counsellings were completed, first between 11.05.2017 to 20.05.2017 and second between 23.05.2017 to 29.05.2017. 3. Reliance has been placed by the Applicants on order dated 09.05.2017 passed in Writ Petition (C) No.267 of 2017 and the circular dated 26th May, 2017 issued by the Government of India, Ministry of Health and Welfare consequent to the aforesaid order of this Court dated 09.05.2017. It is contended that there was an order of Madhya Pradesh High Court in Writ Petition No.7900 of 2017 dated 29.05.2017. Before the High Court the State Government has submitted that counselling will be completed on 31.05.2017 as per directions of this Court. 4. Learned counsel submits that as per order dated 09.05.2017 for manual admission process after ascertainment of the number of seats vacant, only 30 minutes time was left between 11.30 PM and 12 PM on 31.05.2017. It is further stated that revised schedule which was published on 30.05.2017 does not indicate that the compliance of the order of this Court dated 09.05.2017 was ensured. It is further stated that revised schedule which was published on 30.05.2017 does not indicate that the compliance of the order of this Court dated 09.05.2017 was ensured. It was further contended that no list of the students as contemplated by order dated 09.05.2017 was provided by the State, consequently 17 seats in Peoples College of Medical Sciences and Research Centre, 10 seats in Peoples College of Dental Sciences and Research Centre and 12 seats in Peoples Dental Academy could not be filled. It is useful to refer to the averments made in paragraph 10 of the People's University Application to the following effect:- "10. That after the aforesaid order, dated 29.05.2017, passed in W.P. No. 7900/2017, the State Government issued the order, dated 29.05.2017, prescribing inter alia that as per the circular, dated 26.05.2017 issued by the Ministry of Health and Family Welfare, the seats would be filled up on 31.05.2017 after 7 PM. However, the aforesaid schedule was further revised on 30.05.2017 and now only 30 minutes time i.e. 11:30 PM to 12 PM on 31.05.2017 is given to the applicant and other colleges to fill up the vacant seats as per the notification dated 26.05.2017. As directed, the representatives of the applicant were present at the scheduled time but no list of student was given and the State of M.P. has not only violated this Hon. Court's order, dated 09.05.2017 passed in W.P. (C) No. 267/2017 read with circular, dated 26.05.2017 issued by the Ministry of Health and Family Welfare but the order, dated 29.05.2017 passed by the Hon. High Court of M.P. in W.P. No.7900/2017 as well. As the consequences were inevitable, following seats are still lying vacant:- S. No. NAME OF CONSTITUENT UNIT NUMBER OF VACANT SEATS 1 Peoples College of Medical Sciences and Research Centre 17 seats 2 Peoples College of Dental Sciences and Research Centre 10 seats 3 Peoples Dental Academy 12 seats 5. In the application filed on behalf of Malwanchal University Indore also similar averments were made and it is further stated that in the Constituent Unit of the University that is Peoples College of Medical Sciences and Research Centre, 17 seats could not be filled up. 6. In the application filed on behalf of Malwanchal University Indore also similar averments were made and it is further stated that in the Constituent Unit of the University that is Peoples College of Medical Sciences and Research Centre, 17 seats could not be filled up. 6. Learned counsel for the Applicants on the aforesaid premise prayed that the time for completing the counselling in accordance with the order dated 09.05.2017 be extended so that unfilled seats in the Applicants' Units be filled up. 7. Learned counsel for State of Madhya Pradesh refuted the submissions made by the learned counsel for the Applicants. It is contended that the first and second counsellings were completed within time. Mopup counselling was also conducted and completed on 31st May, 2017 and admissions have been completed. Some seats could not be filled up because no student opted for those seats. It is submitted that there is absolutely no ground to grant any extension of time beyond 31st May, 2017 as prayed by the Applicants. 8. Shri Gaurav Sharma, learned counsel appearing for the Medical Council of India submits that order dated 09.05.2017 passed in Writ Petition (C) No.267 of 2017 relied on by the Applicants does not relate to admission in PG Courses. He submits that order dated 09.05.2017 was issued with regard to admission in MBBS Courses. Hence, very basis of the Application is unfounded. Shri Gaurav Sharma has referred to order dated 03.05.2017 passed in Writ Petition(C) No.261 and 292 of 2017, and other Writ Petitions which, according to him, clearly mentioned that matter was further directed to be listed on 4th May, 2017 for considering the procedure for admission in Under-Graduate Courses. He submits that order dated 09.05.2017 has to be confined to admission to the MBBS Courses only and not relating to Postgraduate Courses. 9. We have considered the submissions of the parties and perused the records. 10. The very basis of the Applications filed by both the Universities, is the order dated 09.05.2017 passed by this Court in Writ Petition(C) No.267 of 2017 and other Writ Petitions reliance has been placed by the learned counsel on the direction No.7 which is to the following effect:- “7. In order to ascertain the number of seats that still remain vacant after the counselling the State Government or the authority designated by the State Government shall conduct manual counselling for allotment of students. In order to ascertain the number of seats that still remain vacant after the counselling the State Government or the authority designated by the State Government shall conduct manual counselling for allotment of students. After the completion counselling, the State Government shall determine the number of seats that are still vacant and thereafter shall forward a list of students in order of merit, equaling to ten times the number of vacant seats to the medical college so that in case of any stray vacancy arising in any college the said seat may be filled up from the said list.” 11. Applicants have also relied on circular issued by the Government of India, Ministry of Health and Family Welfare dated 26.05.2017 which is to the following effect:- “Sub: Counseling for admission in PG Course in Medical Colleges – regarding Sir /Madam In continuation to this Ministry’s letter of even number dated 11.05.2017 on the subject mentioned, I am directed to reproduce para7 of the order of Hon’ble Supreme Court passed on 09.05.2017 in WP (C) No. 267/2017 in the matter of DARUS Slam Educational Trust V/s Medical Council of India: “In order to ascertain the number of seats that still remain vacant after the counseling the State Government or the authority designated by the State Government shall conduct manual counselling for allotment of students. After the completion counselling, the State Government shall determine the number of seats that are still vacant and thereafter shall forward a list of students in order of merit, equalling to ten times the number of vacant seats to the medical college so that in case of any stray vacancy arising in any college the said seat may be filled up from the said list.” 2. In view of the above, all the State/UT Governments are requested to conduct mopup round of counseling first. After the completion of mopup counseling, the number of seats that are still vacant may be determined and list of students in order of merit, equalling to ten times the number of vacant seats shall then be forwarded to the medical colleges concerned. In any case, last date of admission i.e. 31.05.2017 will remain unchanged. Yours sincerely, Sd/- (D.V.K. Rao) Under Secretary to the Government of India Tele: 0112306 2959” 12. In any case, last date of admission i.e. 31.05.2017 will remain unchanged. Yours sincerely, Sd/- (D.V.K. Rao) Under Secretary to the Government of India Tele: 0112306 2959” 12. One of the issues which has been raised in these Applications is with regard to the applicability of the order dated 09.05.2017 with regard to the Postgraduate Courses. 13. Shri Gaurav Sharma has referred to order dated 03.05.2017 passed in Writ Petition (C) No.261 of 2017 and other Writ Petitions where this Court after hearing learned counsel for the parties has passed the following directions: “Having heard learned counsel for the parties and keeping in view our earlier order passed in W.P.(C) No.270 of 2017 on 27th March, 2017, it is directed as under:- (a) The concerned States which have been arrayed as respondents herein, shall carry out the counseling and the authorized representatives of the colleges who are the petitioners herein, shall remain present at the time of counseling. (b) When the counseling commences, the authorized representatives who have been directed to remain personally present, may assist the counseling authorities for allocation of students to their colleges from amongst the minorities on the basis of their merits. (c) The decision taken in the counseling committee shall be implemented by the colleges so that harmony is maintained. (d) The representatives of the colleges shall identify the status of minority, but what will ultimately prevail is that the candidate belonging to minority candidate must fit into the compartment of merits. To clarify, if a student is meritorious and belongs to the minority community, he shall have priority in admission. (e) The 70% of the seats shall be filled up from amongst the minority students and balance shall be filled up by the general category. In case, there are inadequate students meeting the criteria, that is, minority status and merit, then the same shall be filled up on consent from other categories. The aforesaid order covers filling up of posts in the post graduate courses. As there is dual prayer in these writ petitions, which also relate to under graduate courses, let the writ petitions be listed on 4th May, 2017, only for the said relief.” 14. A perusal of the aforesaid order indicates that the next date that is 4th May, 2017 was fixed for consideration of relief pertaining to Under-Graduate Courses. As there is dual prayer in these writ petitions, which also relate to under graduate courses, let the writ petitions be listed on 4th May, 2017, only for the said relief.” 14. A perusal of the aforesaid order indicates that the next date that is 4th May, 2017 was fixed for consideration of relief pertaining to Under-Graduate Courses. Shri Sharma submits that the matter could not be heard on 04.05.2017 on which date it was adjourned to 08.05.2017 and ultimately order was passed on 09.05.2017. A perusal of the direction Nos.8, 9 and 10 indicate that the directions pertain to admission of the students belonging to minority community which directions have been quoted below:- “8. In the applications submitted by the students belonging to the minority community they should confirm their minority status as well as the fact that they fulfill other conditions which may be prescribed by the minority institutions. Accordingly, the DGHS as well as the State Government shall prepare a separate list of minority students seeking admissions in the respective minority institutions in order of merit. The competent authorities of the College present during counselling shall check/verify the minority status of the candidate. This arrangement is only meant for the State Quota. 9. During the common counselling conducted by the State Government, the representatives of the medical colleges particularly representative of minority institutions should be a part of the admission/counselling committee as the case may be. 10. Common counselling conducted by the DGHS/State Government will not in any manner affect the rights of minority institutions to admit students of their respective minority community. The minority quota seats, if any, in institutions run by minorities will be filled up by minority students only. Therefore, the rights of minority institutions are fully protected.” 15. A perusal of directions issued on 03.05.2017 clearly indicate that with regard to admission of candidates belonging to minority community several directions were already issued with regard to the admission in Postgraduate courses as per order dated 03.05.2017. When this Court has already issued an order ensuring students of minority community be admitted after proper verification on 03.05.2017 itself, there was no occasion to issue further directions on the same subject on 09.05.2017, if both the orders relate to Postgraduate admissions. When this Court has already issued an order ensuring students of minority community be admitted after proper verification on 03.05.2017 itself, there was no occasion to issue further directions on the same subject on 09.05.2017, if both the orders relate to Postgraduate admissions. This clearly gives support to the submission made by the learned counsel of Medical Counsel of India that order dated 09.05.2017 confines to admission to Under-Graduate Courses. 16. In order dated 03.05.2017 following was specifically mentioned:- “The aforesaid order covers filling up of posts in the post graduate courses. As there is dual prayer in these writ petitions, which also relate to under graduate courses, let the writ petitions be listed on 4th May, 2017, only for the said relief.” 17. Above order dated 03.05.2017 clearly indicates that matter was to be further listed on 04.05.2017 for considering the relief relating to Under-Graduate Courses. On 4th May, 2017 matter could not be taken up and adjourned to 08.05.2017 and ultimately order was issued on 09.05.2017. Thus, order dated 09.05.2017 has been reproduced above in reference to above paragraph. The above paragraph of order dated 03.05.2017 clearly supports the contention of Shri Sharma that order dated 09.05.2017 relates to admission of Under-Graduate. 18. The order passed by this Court on 27th April, 2017 in Writ Petition (C) No. 270 of 2017 when read with order of this Court dated 09.05.2017 passed in Writ Petition (C) Nos. 267, 292, 270 of 2017 also leads to the same conclusion. Order dated 27th April, 2017 in Writ Petition (C) No. 270 of 2017 also contains various directions for academic year 2017-2018 in reference to Postgraduate admissions. In Writ Petition (C) No.270 of 2017 following order was passed:- “ W.P.(C) No.270/2017 Heard Mr. Sunil Gupta, learned senior counsel along with Mr. Romy Chacko, learned counsel for the petitioners and Mr. Vikas Singh, learned senior counsel along with Mr. Gaurav Sharma, learned counsel for the respondents. As stated on the earlier occasion, memoranda have been filed by both the parties indicating solutions. The solutions that have been arrived at after due deliberation for the present academic year i.e. 2017-2018 are as follows:- (i) The authorized representatives of the colleges, who are petitioners herein, shall remain present at the time of counseling. We have used the word 'counseling' as Mr. The solutions that have been arrived at after due deliberation for the present academic year i.e. 2017-2018 are as follows:- (i) The authorized representatives of the colleges, who are petitioners herein, shall remain present at the time of counseling. We have used the word 'counseling' as Mr. Gupta, learned senior counsel has submitted that the first counseling has not yet been done in respect of these colleges. Mr. Vikas Singh, learned senior counsel would submit that when there is a common counseling, the question of holding counseling for four institutions does not arise. Be that as it may, that need not be adverted to at the present. (ii) The second counseling is going to take place on 11th May, 2017. On that day, the authorized representative of the petitioner-colleges shall remain present and students shall be allocated to their colleges on the basis of merits. Needless to say, the counseling shall be done by the State or any university or authority that has been nominated by the State. (iii) At the time of counseling, the candidates who are inclined to take admission in these colleges shall furnish an undertaking that they will do service in the Mission Hospitals connected with the present colleges after completion of the postgraduate course for a period WP(C) 261/17 7 of one year. (iv) The aforesaid prescription shall only be applicable to the minority students admitted by the petitioner-colleges on the basis of the common counseling. The representative of the colleges shall identify the status of minority, but what will ultimately prevail is that the minority candidate must fit into the compartment of merits. To clarify, if a student is meritorious and belongs to the minority community, he shall have the priority in admission. (v) The decision taken in the counseling committee shall be implemented by the colleges so that harmony is maintained. The present order shall apply only to the post graduate admissions. As far as the issue regarding undergraduate course is concerned, Mr. Vikas Singh, prays for three days time to come up with set up of solutions. Let the matter be listed for the said purpose on 4th May, 2017.” 19. Writ Petition (C) No.270 of 2017 along with other Writ Petitions were listed on 4th May, 2017, as directed on which date matter was adjourned to 8th May, 2017. Vikas Singh, prays for three days time to come up with set up of solutions. Let the matter be listed for the said purpose on 4th May, 2017.” 19. Writ Petition (C) No.270 of 2017 along with other Writ Petitions were listed on 4th May, 2017, as directed on which date matter was adjourned to 8th May, 2017. Ultimately, order dated 9th May, 2017 was passed in Writ Petition (C) Nos. 267, 292, 270, 227 and 258 of 2017. It has already been referred to above. Order dated 27th April, 2017 as extracted above specifically mentioned:- "....The present order shall apply only to the postgraduate admissions. As far as the issue regarding undergraduate course is concerned, Mr. Vikas Singh, prays for three days time to come up with set up of solutions. Let the matter be listed for the said purpose on 4th May, 2017.” 20. Thus, 4th May, 2017 which was fixed and ultimately when order dated 9th May, 2017 was passed same was only in reference to Under-Graduate Course. 21. There is one more reason for coming up to the aforesaid conclusion. In order dated 09.05.2017, the State Government has been directed to determine the number of seats that are still vacant and thereafter is to forward a list of students in order of merit, equalling to ten times the number of vacant seats to the Medical College so that in case of any stray vacancy arising in any College the said seat may be filled up from the said list. In admission to the Postgraduate Courses both merit and preference of candidates are looked into. Had the Court vide direction No.7 of the order dated 09.05.2017 intended the sending of ten times the number of vacancies of each Postgraduate Courses, there would have been further elaboration pertaining to discipline and drawing of inter se merit. 22. We are, thus, of the considered view that order dated 09.05.2017 does not relate to admission into Postgraduate Courses and is confined to admission in Under-Graduate Courses as noted above. 23. Coming to circular issued by the Government of India, Ministry of Health and Family Welfare dated 26th May, 2017, the said circular has been issued on the strength of the order of this Court dated 09.05.2017 in Writ Petition (C) No.267 of 2017. 23. Coming to circular issued by the Government of India, Ministry of Health and Family Welfare dated 26th May, 2017, the said circular has been issued on the strength of the order of this Court dated 09.05.2017 in Writ Petition (C) No.267 of 2017. It appears that the said circular has been issued by Government of India, Ministry of Health and Family Welfare in misconception that order dated 09.05.2017 is applicable to the admission to the Postgraduate Courses. When the order dated 09.05.2017 is itself not applicable to Postgraduate Courses, circular dated 26.05.2017 is not effective. 24. We are, thus, of the view that very basis of the Applications filed by the Applicants is unfounded and Applicants are not entitled to any relief in these Applications. All the IAs are rejected. ORDER : I.A. No. 44513 of 2017, I.A. No. 44508 of 2017, I.A. No. 45886 of 2017 in WP (C) No. 76 of 2015 In the facts and circumstances of the case, we extend time for completing the admission process by 15th June, 2017 by holding an extended counselling by the Board. We further direct that only those students shall be invited to participate in extended counselling whose Roll numbers were reflected both in the Government Medical Colleges and Private Medical Colleges in the last notice for counselling and the eligibility is confined to those students only who were invited in the last counselling and could not take admission. All the applications are disposed of in terms of the signed order. I.A. Nos. 45538, 45540 and 45542 of 2017 with I.A. Nos. 45855, 45856 and 45859 of 2017 in WP (C) No. 76 of 2015 All the IAs are rejected in terms of the signed order.