LexU.P. JUNIOR DOCTORS' ACTION COMMITTEE versus DR. B. SHEETAL NANDWANI AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
B
c
D
E
i
U.P. JUNIOR DOCTORS' ACTI01\ COMMITTEE
I
i·.
DR. B. SHEET AL NA!\D\\ At\! AND ORS
AUGUST -11. \''911
[RANGANAT\-1 MISRA AND KULDIP SINGH. JJ]
'
M~lfical Co!legcs-i)ost Graduate Courses-Admission-Fake
order in a non-existent writ petition produced before High Court for
securin/J directions regarding ad111issio11-High Courr directing cancel-
lation of scheduled con1petiti1'e extuni11ario11 and directing ad111ission on
the basis of marks obtained in M.B.B.S.-Directions by Supreme
Court--tAdn1issions granted on the basis of M. B. B. S. results racated-
Enquiry by ('entra/ Bureau of Investigation.
On the basis of a fake order, in a non-existent .writ petition, said to
have been passed by a Single Judge of the Allahabad High Court on
25.5.1990, some persons obtained an order dated 4.6.1990 from the
I .ucknow Bench of the High Court which directed cancellation of the
scheduled competitive admission examination to the Post-Graduate
Medical Courses in the Medical Colleges of the State of Uttar Pradesh
and granted admission on the basis of the marks obtained in the
M.B.B.S. Exams. Some admissions were secured in the medical colleges
of the State on the basis of' the High Court's orders. Against the High
Court's' orders. the U .P. Junior J)octors' Action <:ommittee has prefer-
red this .appeal by special leave.
j
Allowing the appeal, this Court,
F
HELD: J. l Purity of the judicial stream should not be allowed to
be polluted by a clandestine move and citizens should not be misled by
artions o~ the conspirators.
1.2 There is a deep-seated conspiracy which brought about the
fake order from Allahabad High Court and on the basis thereof a subse-
G
quent direction has been obtained from the Lucknow Bench of the same
High Court. The first order being non-existent is declared to be a bogus
one. The second order made on the basis of the first order is se~ aside as
having been made on the basis of misrepresentation. Consequently,
those who have taken admission on the b•sis of such orders, that is on
the basis of the M.B.B.S. result without going through a selection
•-
H
examin3tion, cannot be allowed to continue in the Post-(;raduate
130
..
DOCTORS' COMMI1TEE v. B.S. NANDWANI [MISRA, l.]
131
Courses. Accordingly, admissions, if any. made on the basis of orders
of the High Court shall stand vacated. [133F-G; l34A)
2. Though the persons who have taken admission on the basis of
the High Court's order are not before this Court yet the circumstances
in which such benefit bas been taken by them do not justify attraction of
the application of rules of natural justice of being provided an
opportunity to be heard. [133G-H)
3. Appropriate investigation should be done by the Central
Bureau of Investigation and the persons behind the deep-seated fraud
should be brouglit to book without any delay. [134C]
Dr. Dinesh Kumar v. M.L.N. Medical College, Allahabad,
[1987] 4 S.C.C. 459; and State of Bihar v. Dr. Sanjay Kumar Sinha,
A.I.R. 1990 SC 749, cited.
CIVIL APPELLATE JURISDICTION: Interlocutory Applica-
tion No. 1of1990.
IN
Civil Appeal No. 4444 of 1990.
From the Judgment and Order dated 25.5.1990 of the Allahabad
A
B
c
D
High Court in C.W.P. No. 5267of1990.
E
D.K. Garg and Pradip Misra for the Appellants.
The Judgment of the Court was delivered by
RANGANATH MISRA, J. Leave is granted to the petitioners
F
who were not parties before the High Court in Writ Petition No. 5267
of 1990 to file the special leave petition. The Registry shall, therefore.
consequently register this special leave petition. Special leave is
granted.
On. 25.5.1990, a learned Single Judge of the Allahabad High
G
Court is said to have made an order in Writ Petition No. 5267 of 1990.
That brief order for convenience is extracted below:
"It has been brought to the notice of the Court that the
opp. parties have violated the time schedule framed by
Hon'ble Supreme Court in the case of Dr. Dinesh Kumarv.
H
A
B
c
D
E
F
G
H
132
SUPREME COURT REPORTS
[1990] Supp. I S.C.R.
M.L.N. Medical College, Allahabad, [1987) 4 SCC 459 in
organising the competition to be held on 27.5.90 by Luck-
now University for admissions in Post Graduate Medical
Courses in the State Medical Colleges. The Hon'ble
Supreme Court has recently warned in the case of State of
Bihar v. Dr. Sanjay Kumar Sinha, AIR 1990 SC 749 that
"Everyone including the States, the Union territories and
other authorities runnExcerpt shown. Read the full judgment & AI analysis in Lexace.