http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 6  

PETITIONER: DR. DINESH KUMAR AND ORS

       Vs.

RESPONDENT: MOTI LAL NEHRU MEDICAL COLLEGE ALLAHABADAND ORS.

DATE OF JUDGMENT31/08/1990

BENCH: MISRA RANGNATH BENCH: MISRA RANGNATH KULDIP SINGH (J)

CITATION:  1990 AIR 2030            1990 SCR  Supl. (1) 135  1990 SCC  (4) 627        JT 1990 (3)   707  1990 SCALE  (2)454

ACT:     Professional    Colleges--Admission   to   post-graduate medical courses--Directions regarding--Meticulous compliance emphasised-Future default to be seriously viewed and drasti- cally dealt with.

HEADNOTE:     In Dr. Pradeep Jain v. Union of India, [1984] 3 SCR  942 the  Court  had laid down a scheme of admission  to  medical colleges in graduate and post-graduate courses. By its order dated  September 1987 in a miscellaneous petition the  Court made  certain specific directions for the sake  of  bringing about  uniformity  in  post-graduate  medical  teaching  and allowed  a five year period upto 1992 for doing so. In 6  of the said order it also fixed a uniform schedule for inviting applications for holding the selection examination, declara- tion  of the result, and admission of students to the  post- graduate courses. 11 was laid down therein that the  courses of study shall commence in every institution throughout  the country  from  May  2 every year. The said  time  frame  was intended  to be brought into force from the year  1988,  The Union  of  India, the Medical Council of  India,  the  State Governments,  Universities,  medical  institutions  and  all other authorities involved were required to give full effect to the orders and directions. copy of the order was communi- cated forthwith to the Chief Secretary every State and Union Territory for compliance.     In  State  of Bihar v. San jay Kumar, AIR  1990  SC  749 dealing with the lapse on the part of the State of Bihar  in the  matter  of compliance with the directions of  1987  the Court  had expressed the hope and trust that  everyone  con- cerned  would comply with the time frame strictly in  future and  held  out a serious threat of  punishment  against  the defaulting authorities.     In the instant interlocutory application the respondents sought  grant  of  time to the State of  Uttar  Pradesh  for implementing  the reader dated September 25, 1987  and  com- mence the session for post-graduate education from 2nd  May, 1990 in all the seven medical colleges run by 136 it,  and to hold the competitive examination  for  admitting

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 6  

the  postgraduate  students for the year  1990  through  the University of Lucknow. Their stand was that there was  scope for confusion relating to the directions and  non-compliance was relatable to a bona fide mistake. Disposing of the application, the Court,     HELD: 1. The directions of the Court are not intended to be  brushed  aside  and overlooked  or  ignored.  Meticulous compliance is the only way to respond to them. [141G]     2.1 In the instant case, two distinct sets of directions were  made  by the Court---one in regard to  requirement  of change  of  the  regulations and rules  and  the  procedural aspects  of the scheme, and the other for regulating  admis- sion  and commencement of teaching. There was no  scope  for confusion relating to them. [140C-D]     2.2 It was the obligation of the State of Uttar  Pradesh in  terms of the orders of 1987 and 1989 to initiate  action for  admission in appropriate time so as to allow  the  com- mencement  of the course for the year 1990 with effect  from May 2, 1990. The respondents’ stand that the entrance exami- nation  for the remaining seats (besides 25%  controlled  by the AllMS) was to be conducted by the University of  Lucknow on 27th May, 1990 itself was contrary to the scheme.  [140E- F]     2.3  Where  the direction is clear and  arising  out  of default of compliance, a further direction is made  clarify- ing  the position and warning defaulting parties of  serious consequences,  there was no scope for any justification  for continued default. In failing to take notice of the  Court’s directions the State Government and its officers have exhib- ited a conduct of non-cooperation and callousness. In  fact, their performance was nothing short of contumacy. It is  but appropriate,  therefore, to impose exemplary  costs  against the State of Uttar Pradesh as also the Principal of each  of the seven medical colleges. [140D; G-H]      The  State of U.P. shall pay costs of  Rs.20,000  while each  of the Principals of the seven medical colleges  shall pay  Rs.500  by way of the costs which  shall  be  recovered personally from their salary, and they would not be entitled to  reimbursement  of  the same from  the  State  exchequer. [141A]      3. The State of U.P. to hold the selection  examination stipulated  by  it for May 27, 1990, by 30th  of  September, 1990 and the University 137 of  Lucknow is authorised to conduct it. The result  of  the examination should be published within one week, that is, by 8th  of October, 1990 and admissions should be completed  on or before 26th of October 1990 and classes shall commence on 1st  of November, 1990. The classes shall be deemed to  have commenced  from 2nd May, 1990, and each of the medical  col- leges  shall  undertake to provide  additional  teaching  to compensate the students for the days lost. [141D-E]     4. A warning is administered to everyone associated with the scheme for implementing the directions contained in  the main  judgment and the subsequent orders that a  future  de- fault by anyone in any part of the country shall be serious- ly viewed and drastically dealt with. [141F]

JUDGMENT: ORIGINAL JURISDICTION: I.A. No. 4 of 1990. IN Writ Petition Civil Nos. 348-352 of 1985. (Under Article 32 of the Constitution of India).

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 6  

   Kapil Sibbal, Additional Solicitor General, Madan Lokur, Ms. Shobha Dikshit, Gopal Subramaniam and Ms. A.  Subhashini (NP) for the appearing parties.     Pramod Swarup for the Intervener and R.K. Mehta (NP) for the State of Orissa. The Judgment of the Court was delivered by RANGANATH MISRA, J. This is an interlocutory application at the  instant of the respondents in the writ petitions  where the following directions of this Court have been asked for: (i)  grant time to State of Uttar Pradesh  for  implementing judgment  and order dated 25th September, 1987 and  commence the  session for post-graduate education from 2nd May,  1990 in all the seven medical colleges; (ii)  further permit the State of Uttar Pradesh to hold  the competitive  examination  for  admitting  the  post-graduate students  for the year 1990 through the University  of  Luc- know; and (iii) pass such other and further orders as it may deem  fit and proper in the interest of justice. 138     The  main judgment of this Court was delivered  on  22nd June, 1984, in Dr. Pradeep Jain etc. etc. v. Union of  India & Ors., [1984] 3 SCR 942. By a subsequent order made on 21st July,  1986,  this Court directed that the total  number  of seats for admission to post-graduate courses in each medical college  or institution on the basis of All  India  Entrance Examination  shall  be limited to 25% and  such  examination would be held by the All India Institute of Medical Sciences at New Delhi.     By order dated September 25, 1987, this Court made clear directions  for  the sake of bringing  about  uniformity  in post-graduate  medical teaching by  requiring  post-graduate courses to be structured on a uniform basis; directing  that diploma  prevailing in Tamil Nadu may not be  available  for admission  to  a post-graduate degree course;  and  ordering that  provision in regard to super specialities like MD  and other higher degrees need not be court controlled. For doing so  this Court allowed a five year period upto  1992  inclu- sive.  With a view to bringing all the medical colleges  and institutions subject to the scheme to one common  discipline and for admissions beginning from 1993, the Court  indicated that  there  should be only one pattern, namely,  the  three year  degree course without any housemanship.  After  having done  so  the Court proceeded to fix  uniform  schedule  for inviting applications for having the selection  examination, declaration of the result, admission of students to the post graduate courses and commencement of the sessional teaching. The Court then desired that the discipline regarding holding of the selection examination, admission and commencement  of courses  should be effective from 1988. In  the  penultimate paragraph of that order. it was said: "All  necessary directions for post graduate course are  now complete. We direct the Union of India, the Medical  Council of  India,  the  State  Governments,  Universities,  Medical Institutions and all other authorities that may be  involved in  implementation of the scheme to give full effect to  the orders  and  directions  made by this Court  in  the  proper spirit so that the scheme may become operative as  directed. We make it clear that no application for any modification of matters already covered by our order henceforth shall  ordi- narily be entertained.           A copy of this order shall be communicated  forth- with to the Chief Secretary of every State and Union  Terri- tory for compliance. A copy of it be also sent to the Direc- tor

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 6  

139 Generals,  All India’ Radio and Doordarshan for  appropriate publicity of the order in general interest." We  have  ascertained from the Registry that there  was  due compliance of the direction contained in the last  paragraph of the order.     A matter from Bihar forming subject of Civil Appeal  No. 3589 of 1989 relating to admission in post graduate  medical courses  came before this Court. This Civil Appeal was  dis- posed of by this Court on 15.11.89 (AIR 1990 SC 749).  Deal- ing with the lapses on the part of the State of Bihar in the matter  of compliance with the directions of 1987  which  we have already referred to, this Court said: "Obviously the relevant directions have not been followed by the  examining  body for the current  year.  Similarly,  the State  of Bihar did not follow the directions of this  Court while drawing up its prospectus. If the courses of study are to  commence from May 2, the last qualifying date could  not have  been  fixed as May 31, 1989. It  has  been  reiterated before  us that several States have not  been  following.the directions.  Instead  of issuing notice to  the  States  and Union  Territories  for  examining the  correctness  of  the allegations  of delay and non-compliance of the  directions, we  have thought it appropriate to indicate that  every  one including  the States, Union Territories and other  authori- ties running Medical Colleges with Post-Graduate Courses are bound by our order and must strictly follow the time  sched- ule  indicated  in  paragraph 6 of the order.  We  have  not proceeded  against the defaulting authorities for  violation of this Court’s order, hoping that there would be no  recur- rence  of  it but we would like to administer a  warning  to everyone that if it is brought to our notice at any time  in future that there has been violation, a serious view of such default  shall  be taken. We hope and  trust  that  everyone concerned  shall  comply with the  time-frame  strictly  and there would be no lapse in this regard in future."     This application is grounded upon the default which this Court  has  been anxious to eliminate  and  apprehensive  of non-compliance  of  directions wherein a serious  threat  of punishment  had been held out. Both the State of Uttar  Pra- desh  and the seven medical colleges run by it are bound  to implement  the scheme in the main judgment as modified  from time to time and were covered by the orders of 1987 and 140 1989. We have read our order of 1987 again and find no scope for the stand of the respondents in the present petition for the position that there was scope for confusion relating  to the  directions in regard to uniform pattern of the  courses and  the  time scheduled for the various  aspects  concerned with  the selection examination, admission of students  into the  Post Graduate and commencement of  sessional  teaching. These  were  two different matters and while  in  regard  to items  referred  to in the order of 1987 a clear  five  year period  was  allowed  to evolve the  system  of  uniformity, time-frame for every purpose like admission and teaching was intended  to be brought into force from the year  1988.  Two distinct  sets of directions were made-one in regard to  the requirement  of change of the regulations and rules and  the procedural  aspects in operating the scheme, and  the  other for  regulating admission and commencement of  teaching.  We reject  the  plea of the Uttar Pradesh  Government  and  the other  respondents  that there was scope for  confusion  and non-compliance  with the directions was relatable to a  bona fide  mistake.  This is a clear instance  of  either  wilful default or total callous indifference to binding and  lawful

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 5 of 6  

orders made by this Court. Where the direction is clear  and arising out of default of compliance, a further direction is made clarifying the position and warning defaulting  parties of serious consequences we find no scope for any  justifica- tion  for continued default. More so when the State  Govern- ment  and its officers obliged to give effect to our  direc- tions fail to take notice of the same and exhibit a  conduct of noncooperation and callousness.     It  was the obligation of the State of Uttar Pradesh  in terms of the two orders referred to above to initiate action for  admission in appropriate time so as to allow  the  com- mencement  of the course for the year 1990 with effect  from May 2, 1990. It is the respondents’ stand that for the  year 1990  the  Entrance  Examination  for  the  remaining  seats (besides 25% controlled by the AllMS) was to be conducted by the University of Lucknow on 27th May, 1990. This itself was contrary  to  the scheme and exhibited the same  pattern  of conduct as appeared in the Bihar case referred to above.  In fact  on looking at the matter from every possible angle  we have  not  been able to appreciate the submissions  of  Mrs. Dixit and are of the view that the performance of the  State of  U.P.  and its public authorities is  anything  short  of contumacy.  At  one  stage we were  thinking  of  initiating contempt action against the State and the Principals of  the seven  medical  colleges. Such steps  for  disciplining  the State  and the public authorities concerned would result  in multiplicity of proceedings; therefore, instead of undertak- ing  such  an  exercise we have thought  it  appropriate  to impose 141 exemplary  costs against the State of Uttar Pradesh as  also the  principal  of each of the seven  medical  colleges.  We direct  that the State of U.P. shall pay costs of  Rs.20,000 (twenty  thousand)  while each of the Principals  shall  pay Rs.500  (five hundred) by way of costs. So far as the  State of Uttar Pradesh is concerned it has of course to come  from the public fund of the State. In regard to the principals of each of the seven medical colleges located at Lucknow, Agra, Kanpur,  Jhansi, Meerut, Gorkhpur and Allahabad, the  amount of costs shall be recovered personally from their salary and they would not be entitled to reimbursement of the same from the State exchequer. These payments be made with the  Regis- try of this Court by 30th of September, 1990. A copy of this order  shall be made available to each of the principals  of the seven medical colleges for compliance.     The  State  of U.P. is directed to  hold  the  Selection Examination  stipulated by it for May 27, 1990, by  30th  of September, 1990 and the University of Lucknow is  authorised to  conduct  it.  The result of the  examination  should  be published within one week, that is, by 8th of October,  1990 and  admissions  should be completed on or  before  26th  of October,  1990, and classes shall commence on 1st of  Novem- ber,  1990.  The classes shall be deemed to  have  commenced from  2nd May, 1990, and each of the medical colleges  shall undertake  to provide additional teaching in course  of  the session  so as to compensate the students for the days  lost on the basis that the course begun on 2nd May, 1990. Each of the principals of the medical colleges shall certify to  the Registry of this Court by 15th November 1990, that this part of order has been implemented.     Before  we  part with the case we would  like  to  again administer a warning to everyone associated with the  scheme for implementing the directions contained in the main  judg- ment  and  the subsequent orders that a  future  default  by anyone in any part of the country shall indeed be  seriously

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 6 of 6  

viewed and drastically dealt with. This Court has stated  in the past and we would like now to reiterate that the  direc- tions of this Court are not intended to be brushed aside and overlooked or ignored. Meticulous compliance is the only way to respond to directions of this Court. P.S.S.                          Application disposed of. 142