Dr. Ajay Kumar Agrawal & Ors Vs. State of U.P. & Ors [1990] INSC 359 (16 November 1990)
1990 Latest Caselaw 359 SC

Citation : 1990 Latest Caselaw 359 SC
Judgement Date : Nov/1990

Headnote :
This collection of writ petitions stems from the directives issued by this Court on August 31, 1990. These petitions pertain to admissions into the Post Graduate Medical Courses at seven Medical Colleges in Uttar Pradesh. In its 1987 judgment (4 SCC p 459), this Court mandated that the selection examination, as previously determined in Dr. Dinesh Kumar\'s case (1984) 3 SCC 654, be conducted by the All India Institute of Medical Sciences (AIIMS), New Delhi, to establish a unified foundation for medical education at the postgraduate and MBBS levels on a national scale. It was deemed necessary to implement a reservation quota on an all-India basis. For Post Graduate Studies, 25% of the admissions were to be managed by AIIMS through selection, while 75% were to be handled by the States, with specific criteria for selection outlined in various judgments. The key directives for the postgraduate selection examination are as follows:

(i) Announcements are to be made on October 1 each year,

(ii) Applications can be submitted within a full four-week period,

(iii) After reviewing applications, admit cards will be issued,

(iv) The examination will take place on the second Sunday of January each year, with results announced within four weeks of the exam,

(v) Admissions will begin two weeks after the results are declared.

The final date for admissions will be six weeks from the announcement of results. The curriculum will be standardized across all institutions, with classes commencing on May 2 each year nationwide. Notifications regarding the examination, results publication, and admission placements, considering preferences, will be published in successive issues of one national English newspaper and at least two local newspapers in the respective State languages as promptly as possible.

In 1989, the State of Bihar appealed to this Court, challenging the Ranchi Bench of the Patna High Court\'s directives regarding actions taken by the Bihar Government that contradicted the aforementioned orders. In the case of State of Bihar v. Dr. Sanjay Kumar Sinha, [1989] 4 J.T. 360, this Court noted that the established timeline had not been strictly adhered to, and all institutions offering postgraduate studies are required to comply with this Court\'s orders and the specified timeline without fail in the future.

Subsequently, an application from the State of Uttar Pradesh was submitted for not adhering to this Court\'s directives. Both the State of Uttar Pradesh and the seven Medical Colleges it operates are obligated to implement the scheme outlined in the main judgment, as modified over time. In 1987 and 1989, directives were issued concerning two main aspects: (1) a uniform pattern for courses and the timeline for selection examinations and student admissions for Post Graduate Studies, and the commencement of teaching sessions. In 1987, this Court allowed a clear five-year period to establish a system of uniformity and a timeline for all purposes, including admissions and teaching, starting from 1988. Two distinct directives were issued: the need for changes in regulations and rules, and the procedural aspects of implementing the scheme (2) for regulating admissions and the start of teaching. Thus, there should be no confusion.

The situation in Uttar Pradesh is a clear case of either willful default or gross negligence regarding the binding and lawful orders issued by this Court, specifically to initiate timely actions for admissions and the commencement of examinations for the year 1990, starting from May 2, 1990, for the 75% seats, with the entrance examination to be conducted by Lucknow University. From every perspective, the Uttar Pradesh Government and the heads of each of the seven Medical Colleges have shown nothing short of contempt. Therefore, it is necessary to impose exemplary costs against the Uttar Pradesh State and the public authorities instead of initiating contempt proceedings. These payments are to be made to the Registry by September 30, 1990, in compliance with this Court\'s orders.

The Uttar Pradesh Government and six Medical Colleges, except for the one in Meerut, displayed complete indifference to this Court\'s directives regarding the selection of candidates for the 75% Post Graduate seats, setting the cut-off date for completing internships as December 31, 1990, and scheduling the examination for May 27, 1990, instead of May 2, 1990.

By this Court\'s order on August 31, 1990, it was not permissible for the Uttar Pradesh Government to conduct the examination on May 27, 1990, when the session for the year was set to commence on May 2, 1990. No reference was made to the December 31, 1990, cut-off date for completing housemanship. The State of Uttar Pradesh was directed to conduct the examination, which was supposed to be held on May 27, 1990, through Lucknow University by a specified date and was instructed to ensure that admissions for the 1990-91 session were completed by the date indicated in the order, treating the session commencement as May 2, 1990, by providing additional teaching resources to cover the courses.

In conducting the examination, the State Government overlooked the directions given in the Bihar case regarding the cut-off date, which should not extend beyond the start of the session. Consequently, some admitted candidates were fully qualified, while others had yet to complete their internships.

Dr. Ajay Kumar Agrawal & Ors Vs. State of U.P. & Ors [1990] INSC 359 (16 November 1990)

Misra, Rangnath (Cj) 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.

HEAD NOTE:

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]