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PETITIONER: STATE OF BIHAR AND ORS

       Vs.

RESPONDENT: DR. SANJAY KUMAR SINHA AND ORS.

DATE OF JUDGMENT15/11/1989

BENCH: MISRA RANGNATH BENCH: MISRA RANGNATH SAWANT, P.B. RAMASWAMY, K.

CITATION:  1990 AIR  749            1989 SCR  Supl. (2) 168  1990 SCC  (4) 624        JT 1989 (4)   320  1989 SCALE  (2)1124  CITATOR INFO :  RF         1990 SC2030  (4)  RF         1991 SC 909  (2)

ACT:     Professional   Colleges--Admission  to:  Bihar   Medical Colleges-Admission to Post-graduate courses--Cut off date of eligibility-Compliance  with orders of Supreme Court  fixing time schedule-Necessity for.

HEADNOTE:     In  a  Writ Petition filed before the  High  Court,  the respondents,  a group of medical graduates,  challenged  the prospectus  for  admission  to  the  post-graduate  medical, courses, for the year 1989, which prescribed 31st May,  1989 as  cut-off date of eligibility, as contrary to  the  direc- tions  of this Court in Dr. Dinesh Kumar & Ors.  v.  Motilal Nehru  Medical College, Allahabad & Ors., [1987] 4 SCC  459. Finding that the timeframe set by this Court was not adhered to, the High Court quashed the prospectus to the extent that the cut-off date of eligibility was fixed as 31.5.1989.     In the appeal before this Court, the appellants contend- ed  that as the All India Entrance Examination held  by  the All India Institute of Medical Sciences was not conducted in time,  as fixed by this Court and intimation of the  results was  sent late, the scheme formulated by the Court  was  not being  implemented  properly.  The examining  body,  in  its affidavit,  expressed, regrets and assured that there  would not be any default in future. Disposing of the Writ Petition, this Court,     HELD:  The  relevant directions of this Court  have  not been  followed by the examining body for the  current  year. Similarly,  the  State did not follow the  directions  while drawing  up its prospectus. If the courses of study were  to commence from May 2, the last qualifying date could not have been  fixed as May 31, 1989. Everyone including the  States, the Union Territories and other authorities running  Medical Colleges  with  Post  Graduate Courses  are  bound  by  this Court’s  order  and must strictly follow the  time  schedule laid  down therein in this regard. A serious view  would  be taken if any violation of this Court’s

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169 order  is  brought to notice in future.  Everyone  concerned should comply with the time-frame strictly and there  should be no lapse in this regard in future. [171C; E-F]     The  mistake  of the State in fixing a date  beyond  the cut-off  date  fixed  by this Court has misled  a  group  of candidates.  It is in the interest of all that this  mistake should  be condoned and admissions for this year  should  be permitted on the basis of the result of the selection exami- nation with 31st of May, 1989, as cut-off date. This  depar- ture is confined to the present year only. [172A-B]     Dr.  Dinesh Kumar & Ors. v. Motilal Nehru  Medical  Col- lege, Allahabad & Ors., [1987] 4 SCC 459.

JUDGMENT:     CIVIL  APPELLATE JURISDICTION: Civil Appeal No. 3658  of 1989.     From the Judgment and Order dated 30.3.1989 of the Patna High Court in C.W.J. No. 34 of 1989. Pramod Swarup for the Appellants.     M.C.  Bhandare (NP), A.K. Goel and Ms. Gyan Sudha  Misra for the Respondents.     S.P. Kalra and Shailendra Bhardwaj for All India  Insti- tute of Medical Sciences. G.L. Sanghi and A. Sharan for the Intervenor. The Judgment of the Court was delivered by MISRA, J. Special leave granted.     Challenge  in this appeal is to the order dated 30th  of March, 1989 made by the Ranchi Bench of the Patna High Court in  a Writ Petition under Article 226 of  the  Constitution. The  High Court was moved by a set of medical graduates  who are  respondents  before us challenging the  prospectus  for admission into the post-graduate medical admission published by  the Controller of  Examination-cum-Additional  Director, Health Services Department of Bihar for the year 1989 on the allegation  that the prescription that a candidate  for  the purpose of getting admitted to the Post Graduate Course must complete his or her house- 170 job  of 12 months on or before 31st May, 1989, was  contrary to  the directions of this Court in the case of  Dr.  Dinesh Kumar  & Ors. v. Motilal Nehru Medical College, Allahabad  & Ors., [1987] 4 SCC 459. The High Court found that the  time- frame  set by this Court in the reported order was  not  ad- hered to in the prospectus and, therefore, allowed the  writ petition  by mandamus directing the State and  its  officers not to permit any candidate to take the Post Graduate  Medi- cal  Test if he had not the requisite qualification of  com- pleting  12 months’ house-job on 1st May, 1989.  It  further quashed  the prospectus to the extent that the cut-off  date of eligibility was fixed as 31.5.1989.     The State of Bihar and its Officers who were respondents in the High Court are in appeal and their main contention is that  the All India Entrance Examination for  Post  Graduate Medical  Courses held by the All India Institute of  Medical Sciences  was not conducted in time as fixed by  this  Court and intimation of the results was sent late. It was  further argued  before  us that several States have  also  not  been complying with the time-frame indicated by this Court in the reported  order  and as such the scheme  formulated  by  the Court  is  not being implemented properly. In view  of  such specific  allegations,  particularly against  the  examining body  which has been entrusted with the work by this  Court,

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notice  was  issued to the All India  Institute  of  Medical Sciences  and the Institute had entered  appearance  through counsel and has filed its affidavit. In the reported order it was stated by us:               "What  remains  now to be dealt  with  is  the               finalisation of the programme relating to  the               selection examination. As already decided  the               selection  examination shall be  conducted  by               the  All India Institute of Medical  Sciences,               New Delhi. The announcement for holding of the               selection examination shall be made on October               1  of every year and a full four  weeks’  time               would  be  made available  to  candidates  for               making their applications. After the  applica-               tions  are received not later than  six  weeks               from October 1, the same would be  scrutinised               and  duly processed and admit caros  would  be               issued.  Examination  shall  be  held  on  the               second  Sunday  of  January.  The  results  of               examination  shall  be announced  within  four               weeks from holding of the examination.  Admis-               sion shall commence two weeks after the decla-               ration  of results. The last date  for  taking               admission shall be six weeks from the date  of               the announcement of               171               results  but  the Head  of  every  institution               shall be entitled to condone delay upto  seven               days for reasons shown and grounds recorded in               special  cases.  The courses  of  study  shall               commence  in every institution providing  such               study  throughout  the  country  from  May  2.               Notification announcing examination,  publica-               tion  of  result  and allotment  of  place  of               admission (keeping preference in view and  our               directions regarding preference of lady candi-               dates  in  places of proximity  to  residence)               shall be published in two successive issues of               one  national  paper in English  having  large               circulation in every State and at least in two               local  papers in the language of the State  as               quickly as possible."     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  everyone including  the States, the Union Territories and  other  au- thorities  running  Medical  Colleges  with  Post   Graduate Courses are bound by our order and must strictly follow  the time schedule indicated in paragraph 6 of the order. We have not proceeded against the defaulting authorities for  viola- tion  of this Court’s order, hoping that there would  be  no recurrence  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.

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   Counsel for the All India Institute of Medical  Sciences has expressed regrets for what has happened and has  assured us that there would be no default in future.     Counsel  for the respondents has brought to  our  notice the  position that in the previous year the State  of  Bihar had  taken the stand that the extension was not possible  in view  of this Court’s directions and the State’s stand  this year was to the contrary. Counsel for the State of Bihar has regretted  this position. We find that those who had  quali- fied beyond the cut-off date in the previous year have taken 172 examination  in terms of the prospectus of this  year  along with  the  new group. The mistake of the State in  fixing  a date  beyond the cut-off date fixed by this Court has  obvi- ously misled a group of candidates. In these  circumstances, we  are of the view that it is in the interest of  all  that the  mistake committed by the State of Bihar should be  con- doned and on the basis of the result of the selection exami- nation  with 31st of May, 1989, as the cut-off date,  admis- sions  for this year should be permitted. We agree with  the High  Court that the view it has taken on the basis of  this Court’s  directions was the most appropriate one but in  the special  circumstances  referred  to above we  have  made  a departure confined to the present year only. The appeal is disposed of with these directions. N.P.V.                                 Petition disposed of. 173