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(a) The petitioners were admitted in MDS Course in the respondent-College in May, 2017 i.e. 31.05.2017.
(b) Information booklet for NEET for admission to MDS Course, 2017 was issued by the National Board of Educations (NBE) in September, 2016.
(c) The Information booklet had clearly provided that the candidate was to obtain minimum qualifying score, as provided in the NEET Entrance Examination.
(d) The NEET MDS, 2017 advertisement was issued and the Information booklet for State Dental Post Graduate seats (D.B. SAW/394/2020 has been filed in this matter. Please refer the same for further orders) (28 of 56) [CW-6207/2020] was also issued by the Chairman, NEET PG Admission/Counseling Board.
"20. The said Notification dated 22.8.2016 came to be challenged by various petitioners including Glocal University before a Division Bench of the Allahabad High Court. The Allahabad High Court by an elaborate judgment dated 15.9.2016 found no fault with the Notification issued by the State of Uttar Pradesh prescribing centralized counselling for (D.B. SAW/394/2020 has been filed in this matter. Please refer the same for further orders) (46 of 56) [CW-6207/2020] all institutions for admission to MBBS/BDS course in the State, based on NEET 2016. It will be relevant to refer to the following observations in the operative part of the judgment of the Allahabad High Court dated 15.9.2016, which read thus:
"(i) Subject to what has been held hereinabove, the impugned orders prescribing a Centralized Counselling for all institutions for admission to MBBS/BDS medical courses in the State based on NEET 2016, do not suffer from any error.
(ii) Minority institutions shall be allowed to admit the students of their community based on Centralized Counselling held by the State on the basis of NEET 2016, to the extent permissible, but, without deviating from the merit of such students as reflected in the NEET list 2016, so as to sub-serve their minority status under Article 30(1) of the Constitution of India."

21. It could thus clearly be seen that though minority institutions were allowed to admit the students of their community based on Centralized Counselling held by the State on the basis of NEET 2016, the same was to be done without deviating from the merit of the said students.

22. Though Shri Neeraj Kishan Kaul, learned Senior Counsel, tried to submit that the Notification dated 22.8.2016 is only an administrative instruction and therefore not binding, we are unable to accept the same.

23. It will be relevant to refer to the following observations of this Court in the case of Modern Dental College and Research Centre and others v. State of Madhya Pradesh and others: