Supreme Court of India
Dr. Ajay Kumar Agrawal And Ors. Etc vs State Of U.P. And Ors on 16 November, 1990
Equivalent citations: 1991 AIR 498, 1990 SCR SUPL. (3) 184, AIR 1991 SUPREME COURT 498, 1991 (1) SCC 636, (1991) 1 JT 168 (SC), 1991 (1) UPLBEC 430, 1991 (1) JT 168, 1991 (1) UJ (SC) 54, (1991) 1 SERVLR 776, (1991) 1 UPLBEC 430, (1991) 17 ALL LR 452
PETITIONER:
DR. AJAY KUMAR AGRAWAL AND ORS. ETC.
Vs.
RESPONDENT:
STATE OF U.P. AND ORS.
DATE OF JUDGMENT16/11/1990
BENCH:
MISRA, RANGNATH (CJ)
BENCH:
MISRA, RANGNATH (CJ)
SAHAI, R.M. (J)
CITATION:
1991 AIR 498 1990 SCR Supl. (3) 184
1991 SCC (1) 636 JT 1991 (1) 168
1990 SCALE (2)1041
CITATOR INFO :
R 1992 SC 932 (8)
ACT:
Professional Colleges--Admission to--U. P. State Medical
Colleges --Fixing of cut off date as end of December
1990--Contrary to Statute and Rules--Medical post graduate
course--Specialised study only most eligible and qualified
students to have access.
HEADNOTE:
This group of writ petitions is an off-shoot of the
directions given by this Court on 31.8.1990. These petitions
relate to admission in the Post Graduate Medical Courses in
the seven Medical Colleges of Uttar Pradesh. State. This
Court by its judgment in 1987 (4) SCC p 459 has directed'
that selection examination as already decided in Dr. Dinesh
Kumar's case (1984) 3 SCC 654 shall be conducted by the All
India Institute of Medical Sciences, New Delhi, to provide
an integrated base for medical education for post graduate
studies & M.B.B.S. stage on national basis. Reservation of
quota on all India basis was considered necessary. In case
of Post Graduate Studies 25% was left to be done by
A.I.I.M.S. vide selection, and 75% was left to the States to
make their selections but the consideration which should
weigh for the purpose of selection were also detailed in
some of the judgments. The details of the directions given
for post graduate studies selection examination are: (i) the
announcement is to be made on October 1 of every year, (ii)
the applications could be made within full four weeks, (iii)
after scrutinizing applications admit cards would be an-
nounced, (iv) on 2nd Sunday of January of every year, exami-
nation shall be held and the results be announced within
four weeks from holding of the examination, (v) admission
shall commence two weeks after the declaration of results.
The last date for taking admission shall be six weeks from
the date of the announcement of the results. The courses of
study shall be common in every such institutions and such
study shall be provided from 2nd May of every year through-
out the country. Notification regarding examination, publi-
cation of results, allotment of place of admission, keeping
preferences in view, shall be published into successive
issues of one national paper in English and at least two
local papers in the language of the States as quickly as
possible.
In 1989 the State of Bihar came up in appeal before this
court
185
challenging the directions of Ranchi Bench of the Patna High
Court taking exception to steps taken by the Bihar Govern-
ment contrary to the aforesaid directions. So in State of
Bihar v. Dr. Sanjay Kumar Sinha, [1989] 4 J.T. 360 in para 6
it was stated by this Court. That time schedule had not been
strictly followed and all institutions running post graduate
studies are bound by this court's order and shall comply
with the time frame strictly. There would be no lapse in
this regard in future.
Soon after an application from the State of Uttar Pra-
desh came for disposal for not complying with the directions
made by this Court. Both the State of Uttar Pradesh and the
seven Medical Colleges run by it are bound to implement the
scheme given in the main judgment as modified from time to
time. In 1987 and 1989, directions were given in relation to
two things (1) Uniform pattern of the Courses and the time
schedule for selection examination and admission of students
in the Post Graduate Studies and Commencement of sessional
teaching. In 1987, in this Court's Order a clear five-year
period was allowed to evolve the system of uniformity,
time-frame for every purpose like admission, teaching etc.
from the year 1988. Two distinct directions were made, the
requirement of change of regulations, and rules and the
procedural aspects in operating the scheme (2) for regulat-
ing admissions, commencement of teaching. Thus there is no
scope for confusion.
Uttar Pradesh State case is a clear case of either
wilful default and total callous indifference to binding and
lawful orders made by this court, i.e. to initiate action at
appropriate time for admission and commencement of examina-
tion for the year 1990 with effect from 2nd May 1990 for 75%
seats entrance examination which was to be conducted by
Lucknow University. So from every possible angle the Uttar
Pradesh Government and Principles of each of the seven
Medical Colleges have done nothing short of contumacy. It is
therefore necessary that exemplary costs against the Uttar
Pradesh State and the public authorities has been imposed
instead of initiating contempt. These payment are to be made
to the Registry by 30th September 1990 as per compliance of
the orders of this Court.
The Uttar Pradesh Government and six Medical Colleges
except that of Meerut were totally indifferent to the direc-
tions of this court in the matter of selecting candidates
for 75% Post Graduate seats within the state fixed the cut-
off date for completion of internship as 31.12.1990. It
notified the examination for 27.5.1990 instead of 2.5.1990.
By this Court Order on 31.8.1990 it was not open to the
Uttar Pradesh Government to hold the examination on
27.5.1990 when the
186
session for the year was to start on 2.5.1990. No reference
was made to the fixation of 31.12.1990 as the cut-off date
for the completion of housemanship. The State of Uttar
Pradesh was directed to hold the examination as contemplated
to be held on 27.5.1990 through Lucknow University by a
particular date and called upon the Medical Colleges to
complete admissions for the year 1990-91 session by the date
indicated in the order and to deem the commencement of
session to have been from 2.5.90 by providing additional
teaching facilities to cover up the courses.
In holding the examination the State Government lost
sight of directions given in Bihar matter as to the cut-off
date not to beyond the commencement of the session. Thus
admitted candidates out of which some were fully qualified,
while others had yet to complete their internship.
While delivering the Order, the Court,
HELD: This being specialised study in the Medical Facul-
ty the most eligible qualified students should have access
to the courses for the ultimate social good. [193A]
It is in general interest that the 50% cut-off base as
has been adopted should be sustained. [193E]
The action of the State of Uttar Pradesh in fixing the
cut-off date as the end of December 1990 and allowing the
candidates undergoing internship to take the selection
examination as also get admitted to the Post Graduate
courses is-contrary to the scheme of the Indian Medical
Council Act and the regulations made there under. [193G]
The prevalent arrangement in the State of Uttar Pradesh
can only be classified as another indisciplined action.
[193H]
Specialisation is the main basis of Post Graduate study.
Hereafter no-one shall be admitted without complying With
the requirements of the Act, the Rules and the Regulations,
and no State Government or authority running a Medical
College would be permitted to avoid compliance of the Law..[
194B; F-G]
JUDGMENT:
