DR. AJAY KUMAR AGRAWAL AND ORS. ETC. versus STATE OF U.P. AND ORS.

Citation: [1990] SUPP. 3 S.C.R. 184 · Decided: 16-11-1990 · Supreme Court of India · Bench: RANGANATH MISRA, R.M. SAHAI
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Judgment (excerpt)

A 
DR. AJAY KUMAR AGRAWAL AND ORS. ETC. 
v . 
. STATE OF U.P. AND ORS. 
NOVEMBER 16, 1990 
B 
[RANGANATH MISRA CJ. AND R.M. SAHAI, J.] 
c 
D 
E 
F 
Professional Colleges-Admission to--U.P. State Medical Colleges 
-Fixing of cut off date as end of December 1990-Contrary to Statute 
and Rules-Medical post graduate course-Specialised study only most 
eligible and qualified students to have access. 
This group of writ petitions is an off-shoot of the directions given 
by this Court on 31.8.1990. These petitions relate to admission in the 
Post Graduate Medical Courses in the seven Medical Colleges of Uttar 
Pradesh. State. This Court by its judgment in 1987 (4) SCC p 459 has 
directed that selection examination as already decided in Dr. Dinesh 
Kumar's case (1984) 3 SCC 654 shall be conducted by the All India 
Institute of Medical Sciences, New Delhi, to provide an integrated base 
for medical education for post graduate studies & M.B.B.S. stage on 
nat.ional basis. Reservation of quota on all India basis was considered 
necessary. In case of Post Graduate Studies 25% was left to be done by 
A.I.I.M.S. vide selection, and 75% was left to the States to make their 
selections but the consideration which should weigh for the purpose of 
selection were also detailed in some of the judgments. The details of the 
directions given for post graduate studies selection examination are: (i) 
the announcement is to be made on October 1 of every year, (ii) the 
applications could be made within full four weeks, (iii) after scrutiniz-
ing applications admit cards would be announced, (iv) on 2nd Sunday of 
January of every year, examination shall be held and the results be 
announced within four weeks from holding of the examination, (v) 
admission shall commence two weeks after the declaration of results. 
The last date for taking admission shall be six weeks from the date of 
the announcement of the results. The courses of study shall be common 
in every such institutions and such study shall be provided from 2nd 
G 
May of every year throughout the country. Notification regarding 
examination, publication of results, allotment of place of admission, 
keeping preferences in view, shall be published into successive issues of 
one national paper in English and at least two local papers in the 
language of the States as quickly as possible. 
ff 
In 1989 the State of Bihar came up in appeal before this court 
184 
A.K. AGRAWAL v. STATE OF U.P. 
185 
challenging the directions of Ranchi Bench of the Patna High Court 
taking· exception to steps taken by the Bihar Gi>vernment contrary to 
the aforesaid directions. So in State of Bihar v. Dr. San jay Kumar 
Sinha, [1989] 4 J.T. 360 in para 6 it was stated by this Court. That time 
schedule had not been strictly followed and all institutions running post 
graduate studies are bound by this court's order and shall comply with 
the time frame strictly. There would be no lapse in this regard in future". 
Soon after an application from the State of Uttar Pradesh came for 
disposal for not complying with the directions made by this Court. Both 
A 
B 
the State of Uttar Pradesh and the seven Medical Colleges run by it are 
bound to implement the scheme given in the main judgment as modified 
from time to time. In 1987 and 1989, directions were given in relation to C 
two things (1) Uniform pattern of the Courses and the time schedule for 
selection examination and admission of students in the Post Graduate 
Studies and Commencement of sessional teaching. In 1987, in this 
Court's Order a clear five-year period was allowed to evolve the system 
of uniformity, time-frame for every purpose like admission, teaching 
etc. from the year 1988. Two distinct directions were made, the require-
D 
ment of change of regulations, and rules and the procedural aspects in 
operating the -scheme-(2) for regulating admlSSions, commencement of 
teoohing. Thus there is no scope for confusion. 
Uttar Pradesb_ State case is a cJear case of either wilM defanlt and 
total callous indifference to binding and lawful orders made by this E 
court; i.e. to initiate action at appropriate time for admission and com-
mencement of examination for the year 1990 with effect from 2nd May 
1990 for 75% seats entrance examination which was to be conducted by 
Lucknow University. So from every possible angle the Uttar Pradesh 
Government and Principles of each of the seven Medical Colleges have 
done nothing short of contumacy. It is th
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