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1994 Supreme(All) 757

IN THE HIGH COURT OF ALLAHABAD
R. A. SHARMA, M. KATJU
ROHIT GUPTA - Appellant
Versus
PRINCIPAL, S.N.MEDICAL COLLEGE, AGRA - Respondents
C. M. W. P. 35321 Of 1994
Decided On : 11/08/1994

Advocates Appeared:
Ajai Krishna, Tej Pratap Singh

THE JUDGMENTS OF THIS COURT ARE BINDING ON ALL AUTHORITIES AUTOMATICALLY AND IT IS NOT THAT THEY BECOME RIDING ONLY WHEN APPROVED BY THE STATE GOVT.

Headnote:

MEDICAL EDUCATION - INTERNSHIP - CONTINUATION - MANDAMUS - COURT DIRECTED THE RESPONDENTS TO PERMIT THE PETITIONER TO CONTINUE HIS INTERNSHIP COURSE AND TO COMPLY WITH THE DECISION OF THE FULL BENCH REFERRED TO ABOVE. A FURTHER MANDAMUS IS ISSUED TO THE RESPONDENTS TO PERMIT THE PETITIONER TO APPEAR IN THE FORTHCOMING EXAMINATION OF POST GRADUATE MEDICAL INTERNSHIP EXAMINATION 1995 AND TO ACCEPT THIS FORM IN THIS CONNECTION FORTHWITH AND FORWARD IT TO THE RELEVANT AUTHORITY.

Fact of the Case:

THE PETITIONER HAD INITIALLY TAKEN ADMISSION IN J. L. N. MEDICAL COLLEGE, BELGAUM, KARNATAKA IN M. B. B. S. COURSE IN, 1988. SUBSEQUENTLY HE APPLIED TO THE SECRETARY, MEDICAL COUNCIL OF INDIA FOR THIS TRANSFER TO S. N. MEDICAL COLLEGE, AGRA AND HE RECEIVED A COMMUNICATION FROM THE MEDICAL COUNCIL THAT HIS PRAYER HAS BEEN GRANTED. HE THEN FILED A WRIT PETITION IN THIS COURT WHICH WAS ADMITTED AND AN INTERIM ORDER WAS PASSED ON 25-4-1990 DIRECTING THE PRINCIPAL, S. N. MEDICAL COLLEGE, AGRA TO ADMIT THE PETITIONER IN THIRD SEMESTER OF FIRST PROFESSIONAL COURSE. IN PURSUANCE OF THIS ORDER THE PETITIONER WAS ALLOWED TO COMPLETE HIS THIRD SEMESTER OF THE FIRST PROFESSIONAL COURSE AS WELL AS THE SECOND AND FINAL PROFESSIONAL COURSE FROM S. N. MEDICAL COLLEGE, AGRA. THUS, THE PETITIONER COMPLETED HIS M. B. B. S. AND THEREAFTER JOINED INTERNSHIP. SUBSEQUENTLY, IT IS STATED IN PARA 7 OF THE WRIT PETITION THAT IN PURSUANCE OF THE DIRECTION OF THE SUPREME COURT A LETTER WAS RECEIVED FROM THE PRINCIPAL, S. N. MEDICAL COLLEGE, AGRA FOR DISCONTINUING PETITIONERS INTERNSHIP ON 5-1-1994.

Finding of the Court:

THE COURT HELD THAT THE ACTION OF THE PRINCIPAL, IN OUR OPINION, AMOUNTS TO CONTEMPT OF COURT. NO AUTHORITY CAN SAY THAT IT WILL NOT COMPLY WITH THE JUDGMENT OF THIS COURT UNLESS IT HAS RECEIVED A COMMUNICATION FROM THE STATE GOVERNMENT. THE JUDGMENTS OF THIS COURT ARE BINDING ON ALL AUTHORITIES AUTOMATICALLY AND IT IS NOT THAT THEY BECOME RIDING ONLY WHEN APPROVED BY THE STATE GOVT. IT IS SURPRISING THAT THE PRINCIPAL OF A MEDICAL COLLEGE HAS TAKEN A WHOLLY ILLEGAL AND UNTENABLE STAND IN ANNEXURE-7 TO THE WRIT PETITION.

Issues: WHETHER THE PETITIONER IS ENTITLED TO CONTINUE HIS INTERNSHIP COURSE AND APPEAR IN THE FORTHCOMING EXAMINATION OF POST GRADUATE MEDICAL INTERNSHIP EXAMINATION 1995.

Ratio Decidendi: THE COURT RELIED ON THE JUDGMENT OF THE FULL BENCH OF THIS COURT DATED 23-9-1994 PASSED IN WRIT PETITION NO. 25929 OF 1992 WHICH PERTAINS TO THE PETITIONER AND HELD THAT THE PETITIONER IS ENTITLED TO CONTINUE HIS INTERNSHIP COURSE AND APPEAR IN THE FORTHCOMING EXAMINATION OF POST GRADUATE MEDICAL INTERNSHIP EXAMINATION 1995.

Final Decision: THE COURT ALLOWED THE WRIT PETITION AND ISSUED A MANDAMUS TO THE RESPONDENTS TO PERMIT THE PETITIONER TO CONTINUE HIS INTERNSHIP COURSE AND TO COMPLY WITH THE DECISION OF THE FULL BENCH REFERRED TO ABOVE. A FURTHER MANDAMUS IS ISSUED TO THE RESPONDENTS TO PERMIT THE PETITIONER TO APPEAR IN THE FORTHCOMING EXAMINATION OF POST GRADUATE MEDICAL INTERNSHIP EXAMINATION 1995 AND TO ACCEPT THIS FORM IN THIS CONNECTION FORTHWITH AND FORWARD IT TO THE RELEVANT AUTHORITY.

M. KATJU, J.


( 1 ) THIS writ petition has been filed for a mandamus directing the respondents to permit the petitioner to continue his internship course in S. N. Medical College, Agra and to condone the discontinued period on account of an administrative order issued by the respondent No. 2. It has also been prayed that the petitioner be permitted to appear in the forthcoming examination of the Post-Graduate Medical Internship Examination, 1995.

( 2 ) WE have heard Shri T. P. Singh, learned counsel for the petitioner and the learned standing counsel.

( 3 ) THE facts of the case are that the petitioner had initially taken admission in J. L. N. Medical College, Belgaum, Karnataka in M. B. B. S. course in, 1988. Subsequently he applied to the Secretary, Medical Council of India for this transfer to S. N. Medical College, Agra and he received a communication from the Medical Council that his prayer has been granted. He then filed a writ petition in this Court which was admitted and an interim order was passed on 25-4-1990 directing the Principal, S. N. Medical College, Agra to admit the petitioner in third semester of first professional course. In pursuance of this order the petitioner was allowed to complete his third semester of the first professional course as well as the second and final professional course from S. N. Medical College, Agra. Thus, the petitioner completed his M. B. B. S. and thereafter joined internship. Subsequently, it is stated in para 7 of the writ petition that in pursuance of the direction of the Supreme Court a letter was received from the Principal, S. N. Medical College, Agra for discontinuing petitioners internship on 5-1-1994. True copy of the said letter us annexure-4 to the writ petition.

( 4 ) SUBSEQUENTLY a Full Bench of this court by its judgment dated 23-9-1994 passed a detailed order. The relevant portion of the said judgment in writ petition No. 25929 of 1992 which pertains to the petitioner is quoted in paragraph 9 of the writ petition. The petitioner obtained a certified copy of the judgment and represented to the Principal of S. N. Medical College vide representation dated 27-9-1994 (Annexure-5 to the writ petition) that he be permitted to continue his internship. He sent another representation on 1-10-1994 vide annexure-6 to the petition. However, the petitioner received a letter dated 2-10-1994 from the Principal of S. N. Medical College, Agra that he was awaiting the decision of the State of U. P. in this connection. True copy of the letter dated 2-10-1994 is annexure-7 to the writ petition. The petitioner alleged in para 16 that his internship period is going lapse by 30-11-1994 and each days lapse is causing great harm to the cause of the petitioner. Also the Post graduate internship examination will commence on 15-1-1995 and the last date for submission of forms without late fee is 10-11-1994. Another representation which the petitioner filed in this connection is annexure-9. Since no action was taken by the respondents in connection with his representations he was compelled to file the present writ petition.

( 5 ) WE are distressed to note from annexure-7 to the writ petition that the Principal has taken a stand that he will take action in respect of the judgment of the Full Bench of this court only when he receives some communication from the State Government. This action of the Principal, in our opinion, amounts to contempt of court. No authority can say that it will not comply with the judgment of this court unless it has received a communication from the State Government. The judgments of this court are binding on all authorities automatically and it is not that they become rinding only when approved by the State Govt. It is surprising that the Principal of a Medical College has taken a wholly illegal and untenable stand in annexure-7 to the writ petition. We were inclined to issue contempt notice but we refrained ourselves from doing so as we feel that he has issued the letter







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