http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 3  

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

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 3  

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

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

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: