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PETITIONER: U.P. JUNIOR DOCTORS’ ACTION COMMITTEE

       Vs.

RESPONDENT: DR. B. SHEETAL NANDWANI AND ORS

DATE OF JUDGMENT31/08/1990

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

CITATION:  1991 AIR  909            1990 SCR  Supl. (1) 130  1990 SCC  (4) 633        JT 1990 (3)   690  1990 SCALE  (2)462

ACT:     Medical Colleges--Post Graduate Courses--Admission--Fake order  in a non-existent writ petition produced before  High Court  for  securing  directions  regarding  admission--High Court directing cancellation of scheduled competitive exami- nation  and  directing admission on the basis of  marks  ob- tained in M.B.B.S.--Directions by Supreme  Court--Admissions granted on the basis of M.B.B.S. results vacated-Enquiry  by Central Bureau of Investigation.

HEADNOTE:     On  the  basis of a fake order, in a  non-existent  writ petition, said to have been passed by a Single Judge of  the Allahabad High Court on 25.5.1990, some persons obtained  an order  dated  4.6.1990 from the Lucknow Bench  of  the  High Court which directed cancellation of the scheduled  competi- tive  admission  examination to  the  Post-Graduate  Medical Courses  in the Medical Colleges of the State of Uttar  Pra- desh  and. granted admission on the basis of the  marks  ob- tained  in the M.B.B.S. Exams. Some admissions were  secured in  the  medical colleges of the State on the basis  of  the High  Court’s orders. Against the High Court’s  orders,  the U.P.  Junior  Doctors’ Action Committee has  preferred  this appeal by special leave. Allowing the appeal, this Court,     HELD:  1.1 Purity of the judicial stream should  not  be allowed  to be polluted by a clandestine move  and  citizens should not be misled by actions of the conspirators.     1.2  There  is a deep-seated  conspiracy  which  brought about  the fake order from Allahabad High Court and  on  the basis thereof a subsequent direction has been obtained  from the  Lucknow Bench of the same High Court. The  first  order being non-existent is declared to be a bogus one. The second order  made on the basis of the first order is set aside  as having  been made on the basis of misrepresentation.  Conse- quently, those who have taken admission on the basis of such orders, that is on the basis of the M.B.B.S. result  without going through a selection examination, cannot be allowed  to continue in the Post-Graduate 131 Courses. Accordingly, admissions, if any, made on the  basis

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of  orders of the High Court shall stand  vacated.  [133F-G; 134A]     2.  Though the persons who have taken admission  on  the basis  of the High Court’s order are not before  this  Court yet  the circumstances in which such benefit has been  taken by  them  do not justify attraction of  the  application  of rules of natural justice of being provided an opportunity to be heard. [133G-H]     3.  Appropriate  investigation  should be  done  by  the Central  Bureau of Investigation and the persons behind  the deep-seated  fraud  should be brought to  book  without  any delay. [134C]     Dr.  Dinesh Kumar v. M.L.N. Medical College,  Allahabad, [1987] 4 S.C.C. 459; and State of Bihar v. Dr. Sanjay  Kumar Sinha, A.I.R. 1990 SC 749, cited.

JUDGMENT:     CIVIL APPELLATE JURISDICTION: Interlocutory  Application No. 1 of 1990.                                    IN Civil Appeal No. 4444 of 1991).     From  the  Judgment  and Order dated  25.5.1991  of  the Allahabad High Court in C.W.P. No. 5267 of 1990. D.K. Garg and Pradip Misra for the Appellants. The Judgment of the Court was delivered by     RANGANATH MISRA, J. Leave is granted to the  petitioners who were not parties before the High Court in Writ  Petition No.  5267  of 1990 to file the special leave  petition.  The Registry  shall. therefore. consequently register this  spe- cial leave petition. Special leave is granted.     On  25.5.1990. a learned Single Judge of  the  Allahabad High  Court is said to have made an order in  Writ  Petition No.  5267 of 1990. That brief order for convenience  is  ex- tracted below:           has  been brought to the notice of the Court  that the  opp. parties have violated the time schedule framed  by Hon’ble Supreme Court in the case of Dr. Dinesh Kumar v. 132 M.L.N.  Medical  College,  Allahabad, [1987] 4  SCC  459  in organising the competition to be held on 27.5.90 by  Lucknow University  for admissions in Post Graduate Medical  Courses in the State Medical Colleges. The Hon’ble Supreme Court has recently warned in the case of State of Bihar v. Dr.  Sanjay Kumar  Sinha, AIR 1990) SC 749 that "Everyone including  the States. the Union territories and other authorities  running Medical colleges with Post Graduate Courses are bound by our order  and  must  strictly follow the  same  schedule".  For violating  its orders, the Hon’ble Supreme Court hoped  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  viola- tion, a serious view of such default shall be taken. Keeping in view the above observations the opposite  parties are  strictly directed not to hold the competitive  examina- tion  scheduled on 27th May, 1990 and admit the  petitioners in  Post Graduate Medical Courses in the present session  on the basis of marks obtained in MBBS Course as has been  done for MDS Courses. The Writ Petition is allowed with no order as to costs"     On  the basis of that order and relying upon  the  terms thereof, a learned Single Judge of the Lucknow Bench of  the High Court made an order on 4.6.90) directing that steps  be taken  on the basis of the direction direction made  in  the

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order  dated 25.5.90 for giving admission to  candidates  in P.G. Courses. The net result of these two orders is that the Selection  Examination  for filling up of the seats  in  the Post Graduate Medical Courses of the seven medical  colleges in  U.P. has been cancelled and a direction has been  issued to  the State Government to grant admission on the basis  of M.B.B.S. results.     This Court by order dated 21st August, 1990 directed the Registrar of the Allahabad High Court to transmit the record wherein  order dated 25.5.90 is said to have been made.  The Registrar  in  his letter dated 22nd August, 1990,  to  this Court in response to the direction has stated that: "there  is  no  such case as writ No. 5267 of  1990  Dr.  B. Sheetal Nandwani v. State and Others, and no judgment 133 was  delivered  by  Hon’ble Mr. Justice  Anshuman  Singh  on 25.5.90  in the said case. The file is sent to  you  through special messenger and you are requested to kindly return the file after the Hon’ble Court’s perusal. It is further submitted that fake judgment was said to  have been  produced before different Medical Colleges  purporting to  have  been  delivered by  Hon’ble  Mr..justice  Anshuman Singh,  J.  on 25.5.1990 in Writ Petition No. 5267  of  1990 directing  the  opposite  parties not  to  hold  competitive examinations scheduled on 27.5.90 and admit the  petitioners in  Post-Graduate Medical Course in the present  session  on the  basis  of  the marks obtained in  M.B.B.S.  Course.  In ’Northern  India Patrika’ (Allahabad Edition) dated  11.8.90 this  matter was published with the heading ’Bogus  Judgment aborts entrance Exam’ and only then it came to the notice of the Hon’ble Court and the Hon’ble the Chief Justice took  up the matter and directed that a CID enquiry be instituted. On the  direction of Hon’ble the Chief Justice  the  Government has been moved to get the matter investigated by CID."     From  the report it is manifest that a fake order  in  a non-existent  writ petition was produced before the  Lucknow Bench  of  the Allahabad High Court for securing  the  order dated  4.6.90. It also transpires that on the basis  of  al- leged order dated 25.5.90 and the subsequent order of 4.6.90 some  admissions  have been secured in some of  the  medical colleges.  Those  who have taken admission on the  basis  of such  orders.  that is on the basis of the  M.B.B.S.  result without  going  through a selection  examination  cannot  be allowed  to  continue in the Post Graduate Courses.  We  are satisfied  that  there  is a  deep-seated  conspiracy  which brought  about the fake order from Allahabad. the  principal seat of the High Court and on the basis thereof a subsequent direction  has been obtained from the Lucknow Bench  of  the same  High Court. The first order being non-existent has  to be declared to be a bogus one. The second order made on  the basis of the first order has to be set aside as having  been made on the basis of misrepresentation. We are alive to  the situation  that the persons who have taken admission on  the basis of the M.B.B.S. results are not before us. The circum- stances  in which such benefit has been taken by the  candi- dates concerned do not justify attraction of the application of rules of natural justice of being provided an opportunity to be heard. At and rate now that we have at the instance of the U.P. Government ordered 134 the selection examination to be held, admission on the basis of M.B.B.S. results cannot stand. We accordingly direct that admissions, if any on the basis of M.B.B.S. results  granted after  the  impugned orders of the High  Court  shall  stand vacated  and the Principals of the medical colleges of  U.P.

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are directed to implement the direction forthwith. A copy of this  order shall be communicated to each of the  Principals of  the  seven  medical colleges in the State  of  U.P.  for compliance.     The report of the Registrar of the High Court of Allaha- bad indicates that the Criminal Investigation Department  of the State has been asked to investigate into the matter.  We are  of  the view that appropriate investigation  should  be done  by  the Central Bureau of  Investigation  and  persons behind  this  deep-seated fraud should be  brought  to  book without any delay. Purity of the judicial stream should  not be  allowed  to be polluted by such a clandestine  move  and citizens  should not be misled by actions of  the  conspira- tors.  We,  therefore,  direct that the  Central  Bureau  of Investigation  shall  step  in forthwith  and  complete  the investigation  within two months and provide a copy  of  the report  containing the result of the investigation  to  this Court. A copy of the report shall simultaneously be  submit- ted  to  the  learned Chief Justice of  the  Allahabad  High Court.  The  appeal is allowed with costs. As and  when  the respondents who are said to be petitioners in writ  petition No.  5267  of 1990 are identified shall be made to  pay  the costs  of this appeal which we assess at Rs.10,000.  Out  of the  costs  as and when recovered, the appellants  shall  be entitled  to  a  sum of Rs.3,000 and the  remaining  sum  of Rs.7,000  shall be paid to the Supreme Court Legal Aid  Com- mittee. T.N.A.                                     Appeal allowed. 145