LexDR. DINESH KUMAR AND ORS. versus MOTI LAL NEHRU MEDICAL COLLEGE, ALLAHABAD AND ORS.
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DR. DINESH KUMAR AND ORS. v. MOTi LAL NEHRU MEDICAL COLLEGE, ALLAHABAD AND ORS. AUGUST 31, 1990 [RANGANATH MISRA AND KULDIP SINGH, JJ.] Professional Colleges-Admission to post-graduate medical courses-Directions regarding-Meticulous compliance emphasised- Future default to be seriously viewed and drastically dealt with. In Dr. Pradeep Jain v. Union of India, [1984] 3 SCR 942 the Court had laid down a scheme of admission to medical colleges in graduate and plist-gradnate courses. By its order dated September 25, 1987 in a miscellaneous petition the Court made certain specific direc- tions for the sake of bringing about uniformity in post-graduate medical teaching and allowed a five year period upto 1992 for doing so. In para 6 of the said order it also fixed a uniform schedule for inviting applica- tions for holding the selection examination, declaration of the result, and admission of students to the post-graduate courses. It was laid down therein that the courses of study shall commence in every institution throughout the country from May 2 every year. The said time frame was intended to be brought into force from the year 1988. The Union of India, the Medical Council of India, the State Govern- ments, Universities, medical institutions and all other atithorities involved were required to give full effect to the orders and directions. A copy of the order was communicated forthwith to the Chief Secretary of every State and Union Territory for compliance. In State of Bihar v. Sanjay Kumar, AIR 1990 SC 749 dealing with the lapse on the part of the State of Bihar in the matter of com- pliance with the directions of 1987 the Court had expressed the hope and trust that everyone concerned would comply with the time frame strictly. in future and held out a serious threat of punishment against the defaulting authorities. In the instant interlocutory application the respondents sought grant of time to the State of Uttar Pradesh for implementing the order dated September 25, 1987 and commence the session for post-graduate A B c D E F G education from 2nd May, 1990 in all the seven medical colleges run by H 135 .. 136 SUPREME COURT REPORTS [1990] Supp. I S.C.R. A it, and to hold the competitive examination for admitting the post· graduate students for the year 1990 through the University of Lucknow. Their stand was that there was scope for confusion relating to the directions and non-compliance was relatable to a bona fide mistake. Disposing of the application, the Court, 13 HELD: 1. The directions of the Court are not intended to be brushed aside and overlooked or ignored. Meticulous compliance is the only way to respond to them. [141G] 2.1 In the instant case, two distinct sets of directions were made c by the Court-one in regard to requirement of change of the regulations and rules and the procedural aspects of the scheme, and the other for regulating admission and commencement of teaching. There was no scope for confusion relating to them. [140C-D] 2.2 It was the obligation of the State of Uttar Pradesh in terms of D the orders of 1987 and 1989 to initiate action for admission in appro· priate time so as to allow the commencement of the course for the year ~ 1990 with effect from May 2, 1990. The respondents' stand that the entrance examination for the remaining seats (besides 25% controlled by the AllMS) was to be conducted hy the University of Lucknow on 27th May, 1990 itself was contrary to the scheme. [140E-F] E 2.3 Where the direction is clear and arising out of default of compliance, a further direction is made clarifying the position and warning defaulting parties of serious consequences, there was no scope for any justification for continued default. In failing to take notice of the Court's directions the State Government and its officers have exhibited F a conduct of non-cooperation and callousness. In fact, their performance was nothing short of contumacy. It is but appropriate, therefore, to imp0se exemplary costs against the State of Uttar Pradesh as also the Principal of each of the seven medical colleges. [140D; G·H] The State of U.P. shall pay costs of Rs.20,000 while each of the G Principals of the seven medical colleges shall pay Rs.500 by way of the costs which shall be recovered personally from their salary, and they would not be entitled to reimbursement of the same from the State exchequer. [141A] ,. . 3. Tlte State of
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