JUDGMENT : Indira Banerjee, J. 1. This writ petition, filed by an Advocate in public interest, relates to admissions in medical courses in Deemed Universities in the Union Territory of Puducherry. The petitioner has sought an order in the nature of a declaration that all admissions made by the respondents 8 to 14 to the Post Graduate Medical Courses for the Academic Year 2017-2018 in contravention of Regulation 9-A of the Post Graduate Medical Education Regulations, 2000, and the order dated 4.5.2017 of the Supreme Court in Writ Petition (C) No.244 of 2017 are null and void and also sought further directions on the fifth respondent, being the Secretary of the Medical Council of India, to conduct an enquiry to weed out the illegal admissions and to admit eligible students in accordance with law and merit. 2. The operative part of the order of the Supreme Court passed on 4.5.2017 in Writ Petition (C) No.244 of 2017 [Education Promotion Society of India and others v. Union of India and others], is extracted herein below for convenience: “Heard learned counsel for the parties. In the course of hearing, after due deliberation, certain suggestions have been given by the Medical Council of India for admission to the post graduate courses in deemed Universities. Having heard learned counsel for the parties, it is directed as follows:- (i) Common counseling for admission to post graduate medicine courses in deemed universities shall be conducted by the State Government or the authority designated by the State Government. (ii) In cases where the deemed university has accepted applications from the candidates, the same shall be forwarded to the State Government or authority designated by the State Government. The State Government or the authority designated by the State Government shall include the names of the candidates who had applied to the deemed universities and prepare a common list of students in order of merit. However, the application of those students who have already taken admission in any post graduate medicine course in any medical college shall not be considered by the State Government. (iii) During the common counseling conducted by State Government the representatives of the deemed universities, including representatives of those deemed universities who are also minority institutions, should be a part of the admission/counseling committee, as the case may be. (iii) During the common counseling conducted by State Government the representatives of the deemed universities, including representatives of those deemed universities who are also minority institutions, should be a part of the admission/counseling committee, as the case may be. (iv) The students who secure admission in post graduate medicine courses, at the time of common counseling itself, should be made to deposit with the admission/counseling committee, the demand draft towards the tuition fees payable to the concerned deemed university. The admission/counseling committee shall forthwith forward the demand draft to the respective deemed universities. (v) In institutions run by minorities, the seats reserved for minorities, if any, will be filled up by minority students in order of merit, as a result of which, rights of minority institutions are fully protected. In the event of any seat in a minority institution is not filled up by a minority student, then the said seat shall be filled up by the General category student in order of merit. (vi) Any deemed university, which has got the applications, as indicated earlier, can send them to the Common Counseling Committee of the respective States. That apart, the deemed universities are entitled to receive applications till 8th May, 2017, and send them by e-mail to the aforesaid authorities latest by 7 p.m. on that day. The counseling, as we have been apprised, shall commence from 11th May, 2017. Needless to say, the counseling process shall be based on All India merit list. The aforesaid directions are given keeping in view that the petitioners are deemed universities. The present arrangement is made for academic session 2017-2018. Needless to say, the arrangement is meant for the post graduate courses and it is without prejudice to the contentions raised by the petitioners. The pleadings shall be completed on or before 31st August, 2017. Let the matters be listed on 20th September, 2017.” 3. The petitioner had earlier filed a writ petition, being W.P.No.14232 of 2017, in public interest, seeking fixation of fees for the Post Graduate Medical admissions into Deemed Universities in Puducherry, which were charging fees ranging between Rs.45 Lakhs to Rs.60 Lakhs annually for the post graduate medical courses offered by them. 4. The petitioner had earlier filed a writ petition, being W.P.No.14232 of 2017, in public interest, seeking fixation of fees for the Post Graduate Medical admissions into Deemed Universities in Puducherry, which were charging fees ranging between Rs.45 Lakhs to Rs.60 Lakhs annually for the post graduate medical courses offered by them. 4. On 16.6.2017, a Division Bench of this Court, of which one of us (Chief Justice), was a Member, passed an interim order directing the Deemed Universities to admit students upon payment of provisional annual fee of Rs.10 lakhs, without prejudice to the rights and contentions of either party and referred the fixation of fees to a Fee Committee. 5. Being aggrieved by the aforesaid order dated 16.6.2017, the Deemed Universities filed a petition for Special Leave to Appeal in the Hon'ble Supreme Court. By an order dated 4.8.2017, the Hon'ble Supreme Court directed that the benefit of the order passed by the Division Bench of this Court be extended to the students subject to further directions of the Hon'ble Supreme Court. The Division Bench was, however, directed not to proceed with the said writ petition being W.P.No.14232 of 2017, as the Hon'ble Supreme Court was going to dwell upon the entire controversy. The Committee constituted by the High Court was also directed not to proceed with the matter. 6. The writ petition, being W.P.No.14232 of 2017, filed by the petitioner in this Court, thus, stands disposed of for all practical purposes. The writ petition may be listed for formal orders of dismissal, if the same has not already been dismissed. 7. This writ petition was listed for admission on 14.7.2017. A Division Bench of this Court directed that notices be issued. Diverse directions were from time to time passed relating to listing and hearing of the writ petition along with other similar writ petitions relating to admission to medical courses, whether Under Graduate or Post Graduate. 8. It appears that while this writ petition was pending, the Secretary, Medical Council of India made enquiries and passed orders dated 24.7.2017 directing the respondent medical colleges to discharge about 95 students, who were found to have been illegally admitted by those colleges. 8. It appears that while this writ petition was pending, the Secretary, Medical Council of India made enquiries and passed orders dated 24.7.2017 directing the respondent medical colleges to discharge about 95 students, who were found to have been illegally admitted by those colleges. According to the petitioner, 28 aspirants to the Post Graduate Medical Courses for the academic year 2017-2018 had filed W.P. (C) No.679 of 2017 in the Supreme Court under Article 32 of the Constitution of India, seeking admission for the academic year 2017-2018 by relaxation of the cut-off date of 31.5.2017. The matter was ultimately taken up for final hearing on 24.11.2017. The Supreme Court rejected the prayer of the petitioners for admission in the current academic year, but granted liberty to the petitioners to approach this Court for redressal of their grievances, if any. 9. According to the petitioner, the petitioner had filed a Transfer Petition No.1434 of 2017 for transfer of this writ petition to the Supreme Court for hearing along with W.P. (C) No.679 of 2017. However, the transfer petition became infructuous due to the final disposal of W.P. (C) No.679 of 2017 on 24.11.2017. 10. The petitioner has now taken out an application, being W.M.P.No.37118 of 2017, for amendment of the prayer in the writ petition. The petitioner is now seeking a declaration that all the admissions made by the respondent medical colleges into the Post Graduate Medical courses for the academic year 2017-2018 in contravention of Regulation 9A of Post Graduate Medical Education Regulations, 2000 and order dated 4.5.2017 of the Supreme Court in W.P. (C) No.244 of 2017 and collection of annual fees by them in excess of the approved/prescribed amounts are null and void. The petitioner has also sought orders on the respondents to immediately discharge all the illegally admitted Post Graduate students pursuant to the discharge orders dated 24.7.2017 of the Medical Council of India and to admit all successful aspirants to the medical courses for the academic year 2017-2018 who were denied admission, in the academic year 2018-2019 and further to take penal action against the respondent institutions in accordance with law. 11. The last date for admission to the Post Graduate Medical courses was 31st May 2017. At this stage, any eligible student, who might have been denied admission, cannot be directed to be admitted, at least not in the academic session 2017-2018. 11. The last date for admission to the Post Graduate Medical courses was 31st May 2017. At this stage, any eligible student, who might have been denied admission, cannot be directed to be admitted, at least not in the academic session 2017-2018. The removal of medical students already admitted and undergoing the course would not, therefore, enure to anybody's benefit. 12. There can be no doubt that admissions made without compliance of the Post Graduate Medical Education Regulations of the Medical Council of India or orders of Court are illegal. However, in a litigation in public interest by a public spirited Advocate, fighting for the cause of deprived students, we are not inclined to pass mandatory orders at this stage for removal of students already admitted, since, as observed above, such removal would not enure to anybody's benefit. It is for the appropriate authorities to decide whether admissions are illegal and if so, to take such appropriate action as may be deemed appropriate. 13. Mr. V.B.R. Menon, appearing in person, argued with some force that students, who had undergone counseling and selection, but had been denied admission in the academic session 2017-2018, should be accommodated in the next academic session. It would be pertinent to note in this context that these students were not admitted, as they could not deposit the exorbitant fees ranging between Rs.45 lakhs and Rs.60 lakhs per annum, demanded by the respondent institutions. 14. Students competing in a selection test for a particular academic session and getting selected to a medical course for that academic session cannot claim admission in a different academic session. It is only in exceptional and rare cases, where the Court arrives at the definite finding that a candidate has illegally been denied admission, but the candidate cannot be given the relief of admission in the same academic year, that the candidate can be directed to be accommodated in the next academic year. The students who had been selected and had undergone counseling for the academic session 2017-2018 were not admitted, as they had not been able to deposit the fees charged. To determine the question of whether the concerned students were illegally denied admission, this court would necessarily have to decide the question of legality of the fees demanded by the respondent colleges. 15. To determine the question of whether the concerned students were illegally denied admission, this court would necessarily have to decide the question of legality of the fees demanded by the respondent colleges. 15. The Supreme Court has, by its order dated 04.8.2017, referred to above, directed the High Court not to proceed with W.P. No.14232 of 2017 as the Supreme Court was going to dwell upon the entire controversy, that is the controversy with regard to fees charged by the respondent Universities. The Fee Committee constituted by this Court was also directed not to proceed further. 16. Since the Supreme Court is deciding the question of appropriateness of the fees charged by the Deemed Universities, we cannot decide the issue of whether the fee is appropriate or not. We cannot, therefore, decide the question of whether the admissions have illegally been made, since this would depend on the legality/illegality of the fee structure, of which the Supreme Court is in seizin. 17. Even though, as argued by Mr.Menon, the Hon'ble Supreme Court has not interfered with the interim order passed by this Court and has directed that the students be extended the benefit of the order passed by this Court, subject to further directions of the Supreme Court, the Supreme Court has directed that this Court should not proceed with W.P.No.14232 of 2017 as the Supreme Court is going to dwell upon the entire controversy and the Committee constituted by the High Court was also directed not to proceed with the matter. The question of whether the students who underwent counseling were wrongfully denied admission for inability to pay the fees charged by the respondent institutions would depend on final determination of the controversy in W.P. No.14232 of 2017, of which the Hon'ble Supreme Court is in seizin. This Court cannot decide the question of legality and/or appropriateness of the fees of Rs.45 lakhs to Rs.60 lakhs per annum charged by the respondent institutions. 18. In order to arrive at the finding that the students have wrongfully been denied admission, we have to necessarily decide the question whether they could claim any right to be admitted, without paying the fees charged by the Deemed Universities. We would necessarily have to decide whether the fees demanded by the respondent institutions is exorbitant, arbitrary and illegal. 18. In order to arrive at the finding that the students have wrongfully been denied admission, we have to necessarily decide the question whether they could claim any right to be admitted, without paying the fees charged by the Deemed Universities. We would necessarily have to decide whether the fees demanded by the respondent institutions is exorbitant, arbitrary and illegal. We cannot enter into the question of appropriateness of the fees, since the Supreme Court in seizin of the matter. We are therefore unable to grant the relief now prayed by Mr.V.B.R.Menon, i.e., direction on the colleges concerned to reserve seats for these students in the next academic session. 19. A prayer has been made to keep the writ petition pending. In our view, no useful purpose will be served in keeping the writ petition pending. Therefore, this Writ Petition is dismissed. If any relief can be granted to the affected students, whose cause is being represented by the writ petitioner, upon final verdict of the Hon'ble Supreme Court, the case may be reopened. No costs. Consequently, connected miscellaneous petitions are closed.