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PETITIONER:

STATE OF BIHAR AND ORS

Vs.

RESPONDENT:

DR. SANJAY KUMAR SINHA AND ORS.

DATE OF JUDGMENT15/11/1989

BENCH:

MISRA RANGNATH

BENCH:

MISRA RANGNATH

SAWANT, P.B.

RAMASWAMY, K.

CITATION:

1990 AIR 749 1989 SCR Supl. (2) 168

1990 SCC (4) 624 JT 1989 (4) 320

1989 SCALE (2)1124

CITATOR INFO :

RF 1990 SC2030 (4)

RF 1991 SC 909 (2)

ACT:

Professional Colleges--Admission to: Bihar Medical

Colleges-Admission to Post-graduate courses--Cut off date of

eligibility-Compliance with orders of Supreme Court fixing

time schedule-Necessity for.

HEADNOTE:

In a Writ Petition filed before the High Court, the

respondents, a group of medical graduates, challenged the

prospectus for admission to the post-graduate medical,

courses, for the year 1989, which prescribed 31st May, 1989

as cut-off date of eligibility, as contrary to the direc-

tions of this Court in Dr. Dinesh Kumar & Ors. v. Motilal

Nehru Medical College, Allahabad & Ors., [1987] 4 SCC 459.

Finding that the timeframe set by this Court was not adhered

to, the High Court quashed the prospectus to the extent that

the cut-off date of eligibility was fixed as 31.5.1989.

In the appeal before this Court, the appellants contend-

ed that as the All India Entrance Examination held by the

All India Institute of Medical Sciences was not conducted in

time, as fixed by this Court and intimation of the results

was sent late, the scheme formulated by the Court was not

being implemented properly. The examining body, in its

affidavit, expressed, regrets and assured that there would

not be any default in future.

Disposing of the Writ Petition, this Court,

HELD: The relevant directions of this Court have not

been followed by the examining body for the current year.

Similarly, the State did not follow the directions while

drawing up its prospectus. If the courses of study were to

commence from May 2, the last qualifying date could not have

been fixed as May 31, 1989. Everyone including the States,

the Union Territories and other authorities running Medical

Colleges with Post Graduate Courses are bound by this

Court’s order and must strictly follow the time schedule

laid down therein in this regard. A serious view would be

taken if any violation of this Court’s

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169

order is brought to notice in future. Everyone concerned

should comply with the time-frame strictly and there should

be no lapse in this regard in future. [171C; E-F]

The mistake of the State in fixing a date beyond the

cut-off date fixed by this Court has misled a group of

candidates. It is in the interest of all that this mistake

should be condoned and admissions for this year should be

permitted on the basis of the result of the selection exami-

nation with 31st of May, 1989, as cut-off date. This depar-

ture is confined to the present year only. [172A-B]

Dr. Dinesh Kumar & Ors. v. Motilal Nehru Medical Col-

lege, Allahabad & Ors., [1987] 4 SCC 459.

JUDGMENT:

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3658 of

1989.

From the Judgment and Order dated 30.3.1989 of the Patna

High Court in C.W.J. No. 34 of 1989.

Pramod Swarup for the Appellants.

M.C. Bhandare (NP), A.K. Goel and Ms. Gyan Sudha Misra

for the Respondents.

S.P. Kalra and Shailendra Bhardwaj for All India Insti-

tute of Medical Sciences.

G.L. Sanghi and A. Sharan for the Intervenor.

The Judgment of the Court was delivered by

MISRA, J. Special leave granted.

Challenge in this appeal is to the order dated 30th of

March, 1989 made by the Ranchi Bench of the Patna High Court

in a Writ Petition under Article 226 of the Constitution.

The High Court was moved by a set of medical graduates who

are respondents before us challenging the prospectus for

admission i