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56. The petitioners have further submitted that whereas on one hand students were not allotted in sufficient numbers to various medical colleges, and that the seats were left vacant therein, on the other hand, at the same time large number of students in excess numbers were allotted to many colleges over and above their sanctioned intake of 150 seats by the DME State of MP, on 07.10.2016. Subsequently, all these excess admissions 'were cancelled by the State Government, and intimation sent to the respondent MCI, which led to institution of large number of writ petitions before the High Court of the Madhya Pradesh, Indore Bench, viz. WP No. 7229/2016 and other connected matters. The High Court of Madhya Pradesh through its final judgment and order dated 08.11.2016, quashed all the decisions / orders of State Government cancelling the admissions of all the petitioner students therein, holding that the counseling was not conducted in a proper and organized manner by the State Government, and in fact excess number of students were allotted to various medical colleges, over and above their sanctioned intake, which led to chaotic situation of students being admitted in large number in some colleges, whilst in deficient numbers in many other colleges and the High Court held that for the fault on the part of the State Government, DME in conducting an unorganized counseling, students cannot be made to suffer or punished which judgment was assailed in SLP(C) No. 29209/2016 and vide order dated 30.11.2016, the Hon'ble Supreme Court regularized the admission of all such students who were admitted in large numbers in excess by the State Government which admitted there were errors in the counseling done by them which could be condoned as " human errors". The petitioners have further submitted that it would be worthwhile to submit that there is absolutely no cavil about the fact that the petitioners are NEET qualified candidates, possessing marks higher than the candidates possessing the minimum marks, admitted in the respondent institution and that some of the petitioners are even domiciled in the State of MP, who had the primary right to, be allotted the seat so falling vacant in the private medical colleges, on the last date of admission.

81. The contention of the petitioners that no student has come forward to assail the admissions of the petitioners is per se not a ground to grant any equities or confer any benefit on the petitioners whose admission to the respondent no.4 is in violation of the law laid down in Modern Dental College & Research Centre & Ors. Vs. State of Madhya Pradesh & Ors. (supra) & State of Madhya Pradesh vs. Jainarayan Chouksey & Ors. (supra), already adverted to hereinabove.

82. Reliance was also placed on behalf of the petitioners on the verdict of the Hon'ble Division Bench at Indore of the High Court of Madhya Pradesh in "Nishank Tiwari & Anr. Vs. State of M.P. & Ors." in W.P.No. 7229/2016, "Puja Kumari & Anr. Vs. State of M.P. & Ors." in W.P.No. 7233/2016, "Shirish Verma & Ors. Vs. State of M.P. & Ors." in W.P.No. 7251/2016 & "Mohit Khamora & Anr. Vs. State of M.P. & Ors." in W.P.No. 7252/2016, to contend that in that case in as much as, the cancellation of the admissions of the students therein was not found to be fair, the cancellation of the admissions of the students on the ground of 'human error' was quashed.