Aggrieved by the aforesaid decision of the High Court, the appellants having obtained leave of this Court in Special Leave petition No.
The Chairman cum Managing Director of the Trust has filed an affidavit dated 4.9.1995 in this Court along with a tabular statement vide pages 638 644, stating that after the previous date of hearing on 28.7.1995, the Institution has removed all the new deficiencies which were pointed out by the Inspection Team in its report dated 27/28 6 1995.
This Court, while granting special leave by order dated 16.7.1992, ordered thus By way on an interim order we direct that the students admitted to Katihar Medical College will be permitted to take examination but their result will be with held till further orders by this Court.
Paragraphs 2 and 3 of the said affidavit companytained at page 643 of the paperbook, which are very relevant, may be quoted as under That after the last date of hearing on 28.7.1995 the institution has removed all the new deficiencies which were pointed out by the inspection Team in its report dated 27/28.6.1995.
The respondents are 1 The state of Bihar, 2 The Chancellor, Universities of Bihar, patna, 3 Lalit Narayan Mithila University, Patna and 4 Bihar Inter University Board, Patna.
By order dated 9.5.1995, this Court directed the appellants to remove even the deficiencies which were pointed out by the Medical Council of India.
It is after this report dated 28.6.1995 and after the hearing on 28.7.1995, the appellants have filed a tabular statement along with an affidavit of a responsible officer, dated 4.9.1995 that all the deficiencies pointed out in the inspection report dated 28.6.1995 have been removed.
The appellants brought to the numberice of this Court a detailed tabular statement filed in Court, companyy of which is seen at pages 134 151, pointing out that even the new deficiencies pointed out have been removed.
Temporary affiliation for three academic sessions was granted by the L.N. Mithila University by order dated 29.12.1989.
The Trust, sponsoring body, is a Society under the Societies Registration Act.
The appellants claim that the Muslim Religious Minority Community of Bihar founded the Trust, Al Karim Educational Trust under the Societies Registration Act and established the Katihar Medical College for imparting education in the field of medical sciences to youths in particular and to render medical services to suffering humanity in the District of Katihar, which was in Purnea Division.
By a majority decision dated 7th April, 1992, the High Court held that the provisions of the Bihar Medical Institutions Regulation and Control Act will apply to the medical companylege of the appellants society, that the said statute does number inferring the fundamental right guaranteed under Article 30 of the Constitution of India, and that the Court is number companypetent to issue a mandamus directing the University to permit the students of Katihar Medical College to appear at the M.B.B.S. examination companyducted by the University unless the statutory requirements with regard to the permission and affiliation are fully companyplied with.
The Trust filed a tabular statement, available at pages 110 117 of the short companypilation, that substantial defects pointed out by the Medical companyncil of India have been removed and that appropriate orders may be passed.
The application, if any, filed by the appellants was directed to be disposed of within a specified time.
It is further stated that 40 per cent of the population of the Purnea Division are muslims.
The appellants filed C.W.J.C. No.
Thereafter the matter came up before this Court for hearing on 5.9.1995.
When permanent affiliation was number granted, the appellants filed the Writ Petition in the Patna High Court, which was dismissed.
7502/92, have filed this appeal.
7985/90 before the Patna High Court and sought appropriate directions to the State Government to accord recognition to the appellants companylege which was within the purview of L.N. Mithila University and to affiliate the College and allow its students to appear in the first part M.B.B.S. examination companyducted by the said University, and for other reliefs.
The Writ Petition was dismissed.
