Judgment

RANGANATH MISRA, J.:- This is an interlocutory application at the instance 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 Lucknow; and

(iii) pass such other and further orders as it may deem fit and proper in the interest of justice.

2. The main judgment of this Court was delivered on 22nd June, 1984, in Dr. Pradeep Jain v. Union of India, (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.

3. By order dated September 25, 1967*, 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 uniform basis; directing that diploma prevailing Tamil Nadu may not be available for admission to a postgraduate decree 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 up to 1992 inclusive. 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 postgraduate 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 (paras 8 and 9):

* Reported in (1987) 3 SCJ 503

"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 ordinarily be entertained.

A copy of this order shall be communicated forthwith to the Chief Secretary of every State and Union Territory for compliance. A copy of it be also sent to the Director 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.

4. 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 disposed of by this Court on 15-11-89 (AIR 1990 SC 749). Dealing 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 (at p. 751) :

"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 dr