SUPREME COURT OF INDIA
RANGANATH MISRA AND KULDIP SINGH, JJ.
U. P. Junior Doctors Action Committee, Appellants
Versus
Dr. B. Sheetal Nandwani and others, Respondents.
Interlocutory Appln. No. 1 of 1990 in Civil Appeal No. 4444 of 1990 (Arising out of S.L.P. 12093 of 1990)
Decided on 31-8-1990.
Education Law - Post-graduate Medical Courses – Admission – Notice - For violating its orders, Honble SC 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 violation, a serious view of such default shall be taken - Keeping in view above observations opposite parties are strictly directed not to hold competitive examination schduled on 27th May, 1990 and admit petitioners in Post-graduate Medical Courses in present session on basis of marks obtained in M.B.B.S. Course as has been done for M.D.S. Courses - Held, Accordingly court direct that admissions, if any, on basis of M.B.B.S. results granted after impugned orders of High Court shall stand vacated and Principals of the medical colleges of U.P. are directed to implement direction forthwith - A copy of this order shall be communicated to each of Principals of seven medical colleges in State of U.P. for compliance - We are of view that a appropriate investigation should be done by Central Bureau of Investigation and persons behind this deep seated fraud should be brought to books without any delay - Purity of - Judicial stream should not be allowed to be polluted by such a clandestine move and citizens should not be misled by actions of conspirators - Therefore, direct that Central Bureau of Investigation shall step in forthwith and complete investigation within two months and provide a copy of report containing result of investigation to this Court - Appeal allowed.
JUDGMENT
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 special leave petition. Special leave is granted.
2. On 25-5-1990, a learned single Judge of the Allahabad High Court is said to have made an order in Writ Petn. No. 5267 of 1990. That brief order for convenience is extracted below:
"It has been brought to the notice of the Court that the opposite parties have violated the time schedule framed by Honble SC in the case of Dr. Dinesh Kumar v. MLN Medical College, Allahabad, (1987 ) 4 SCC 459 in organising that competition to be held on 27-5-90 by Lucknow University for admissions in Post-graduate Medical Courses in the State Medical Colleges. The Honble SC 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 Teritorries 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 Honble SC 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 violation, 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 examination schduled on 27th May, 1990 and admit the petitioners in Post-graduate Medical Courses in the present session on the basis of marks obtained in M.B.B.S. Course as has been done for M.D.S. Courses.
The Writ Petition is allowed with no order as to costs."
3. 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 made in the 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 isssued to the State Government to grant admission on the basis of M.B.B.S. results.
4. This Court by order dated 2IstAugust, 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 no judgment was delivered by Honble 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 Honble Courts perusal.
It is further submitted that fake judgment was said to have been produced before different Medical Colleges purporting to have been delivered by Honble Mr. Justice Anshuman Singh, J. on 25-5-1990 in Writ Petn. 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) dt. 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 Honble Court and the Honble Chief Justice took up the matter and directed that a CID enquiry be instituted. On the direction of Honble the Chief Justice the Government has been moved to get the matter investigated by CID."
5. 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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.