STATE OF BIHAR AND ORS versus DR. SANJAY KUMAR SINHA AND ORS.

Citation: [1989] SUPP. 2 S.C.R. 168 · Decided: 15-11-1989 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Disposed off

Judgment (excerpt)

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STATE OF BIHAR AND ORS 
v. 
DR. SANJA Y KUMAR SINHA AND ORS. 
NOVEMBER 15, 1989 
[RANGANATH MISRA, P.B. SAWANT AND 
K. RAMASWAMY, JJ.] 
Professional Colleges-Admission to: Bihar Medical Cplleges~ 
Admission to Post-graduate courses-Cut off date of eligibility-
Compliance with orders of Supreme Court fixing time schedule-
Necessity for. 
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 medicalcourses,for the year 1989, which prescribed 
3 lst May, 1989 as cut-off date of eligibility, as contrary to the directions 
D of this Court in Dr. Dinesh Kumar & Ors. v. Motilal Nehru Medical 
College, Allahabad & Ors., [1987] 4 SCC 459. Finding that the time-
frame 'lei 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. 
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In the appeal before this Court, the appellants contended 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 
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default in future. 
Disposing of the Writ Petition, thiS Court, 
HELD: The relevant directions of this Court have not been fol-
lowed by the examining body for the current year. Similarly, !he State 
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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 b.v this Court's order 
and must strictly follow the time schedule laid down therein in this 
H regard. A serious view would be taken if any violation of this Court's 
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STATE OF BIHAR v. S.K. SINHA ·!MISRA, J.) 
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-FJ 
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 examina-
tion with 31st of May, 1989, as cut-off date. This departure is confined 
to the present year only. [172A-B] 
Dr. Dinesh Kumar & Ors. v. Motilal Nehru Medical College, 
Allahabad & Ors., [1987] 4 SCC 459. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3658 
of 1989. 
From the Judgment and Order dated 30.3.1989 of the Patna High 
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Court in C.W.J. No. 34 of 1989. 
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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 Institute 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 
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under Article 226 of the Constitution. The High Court was moved by a 
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set of medical graduates who are respondents before us challenging 
the prospectus for admission into the post-graduate medical admission 
published by the Controller of Examination-cum-Additional Director, 
Health· Services Department of Bihar for the year 1989 on the allega-
tion that the prescription that a candidate for the purpose of getting 
admitted to the _Post Graduate Course must complete his or ber house-
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170 
SUPREME COURT REPORTS 
[ 1989] Supp. 2 S.C.R. 
job of 12 months on or before 31st May, 1989, was contrary to the 
A directions of this Court i~ the case of Dr. Dinesh Kumar & Ors. v. 
Motilal Nehru Medical College, Allahabad & Ors., [198714SCC459. 
The High Court found that the time-frame set by this Court in the 
reported order was not adhered to in the prospectus and, therefore, 
allowed the writ petition by mandamus directing the Stat~ arid its 
B officers not to permit any candidate to take the Post Graduate Medical 
Test if he had not the requisite qualification of 

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