Judgment :-

Madan B. Lokur, J.

1. The three questions before us are: (i) whether the complaint filed against the respondents under Section 195(1)(b) of the Code of Criminal Procedure, 1973 was authorized by the Allahabad High Court; (ii) whether it was necessary to obtain a sanction from the Allahabad High Court for filing the complaint against the respondents, and (iii) if a sanction was necessary, whether it was in -fact obtained. In our opinion, the first question must be answered in the negative. Consequently, the second and third questions do not arise or are, at best, academic in nature and need not be answered. As such, the orders under appeal call for no interference.

The facts

2. On 25th May, 1990 a learned Single Judge of the Allahabad High Court is said to have dealt with Writ Petition No. 5267 of 1990 (purportedly filed by Dr. Sheetal Nandwani) and passed an order to the effect that the competitive examinations scheduled to be held on 27th May, 1990 for admission in post-graduate medical courses in State medical colleges ought not to be held. Instead, admissions should be made on the basis of marks obtained by the candidates in the MBBS course as has been done in MDS course