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However, this court was not inclined to grant any interim relief.

Since there was no interim order, the petitioners were aware that the Regulations on Graduate Medical Education came to be modified by the Government of India. The modified regulations were published in the Central Government Gazette. This proposed a National Eligibility cum Entrance Test (NEET) for admission to MBBS course in each academic year. We are not concerned with these regulations or modifications, simply because the Hon'ble Supreme Court of India was concerned with the larger challenge involving the validity and legality of these regulations and the NEET examinations. It is stated that recently, in April, 2016, the Hon'ble Supreme Court of India clarified that this examination would be the only source for admitting students. In other words, a single examination at the national level would be held for admitting students and in the order of merit. It is common ground that it is inconvenient to parents and children. We find that the petition is based on their reluctance to appear for the national level examination. That is how at the instance of interested parties including State Governments, a constitutionally permissible exercise of issuing an ordinance was resorted to by the Central Government. The ordinance promulgated on 24th May, 2016 reads thus:-

(b) The Impugned Communication also provided that there shall be an additional weightage claim that can be availed of by the medical aspirants on the basis of their achievements in sports and/or NCC or on the basis of having a parent who was involved in Hyderabad/Goa liberation or was a freedom fighter ['Deviation No. 2']"

9) An affidavit in reply has been filed by respondent nos. 2 and 3 to the writ petition. The affidavit proceeds on the footing that the principal challenge is to the exclusion of MBBS and BDS seats in private unaided institutes from the purview of Common Entrance Test conducted by respondent no. 1 for academic year 2016-17. This would essentially depend upon the interpretation of the proviso to newly amended section 10D of the Indian Medical Council Act. It is submitted that the State Government has never changed its stand, but pursuant to the option granted by the proviso to section 10D, the State Government has opted not to go with the uniform entrance examination conducted at the undergraduate level by the Medical Council of India, namely, NEET for the academic year 2016-17. This stand of the State Government is in consonance with the applications moved before the Hon'ble Supreme Court and representations made by the State Government to the Union Government for exempting the State of Maharashtra from the purview of uniform entrance J.V.Salunke,PA 909-WPL.1602.2016.doc examination (NEET) conducted by Medical Council of India for the current academic year 2016-17. It is based on the representations made by several State Governments and at the instance of the Central Government, the President of India promulgated the Indian Medical Council (Amendment) Ordinance, 2016 and on 24th May, 2016. However, according to the State and with greatest respect, there is ambiguity in the language of the proviso. As regards the reference in the proviso to the private medical colleges is concerned, it is only to State Government seats. As a matter of fact, there are no State Government seats in any of the private colleges. Therefore, the State Government took a decision to exclude MBBS and BDS courses from the purview of MHT-CET and common admission process conducted by respondent no. 1 for the current academic year. This is purely based on the interpretation of the proviso and there is nothing arbitrary and illegal about it. It is a possible and plausible interpretation and the court, therefore, should uphold it.

26) A perusal of this order would indicate as to how the Hon'ble Supreme Court came to the conclusion that its judgment in the case of Christian Medical College needs reconsideration. The review petitions, therefore, were allowed.

27) Then, the Hon'ble Supreme Court of India passed a further order on 27th April, 2016, copy of which is at page 213 of the compilation handed in by Mr. Desai. There is an assurance given to the Hon'ble Supreme Court that the Central Board of Secondary J.V.Salunke,PA 909-WPL.1602.2016.doc Education, Union of India is ready and willing to hold NEET examination for admission to MBBS and BDS courses for the academic year 2016-17. Then, the Hon'ble Supreme Court of India passed a further order directing holding of the Common Entrance Test styled as NEET. That order was passed on 28 th April, 2016. It is thereafter that the interim applications were made and which are huge in number. These sought modification of the order passed on 28th April, 2016. The applications were made by private medical colleges and some State Governments.