DR. AJAY KUMAR AGRAWAL AND ORS. ETC.

v .

. STATE OF U.P. AND ORS.

NOVEMBER 16, 1990

[RANGANATH MISRA CJ. AND R.M. SAHAI, J.]

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 scrutinizing 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

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

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 commencement 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 therefore necessary that exemp- F lary costs against the Uttar Pradesh State and the public authorities has been imposed instead of initiating contempt. These payment are to be made to the Registry by 30th September 1990 as per compliance of the orders of this Court.

The Uttar Pradesh Gi>vermnent" and six Medical Colleges except G that of Meerut were totally indifferent to the directions of this court in the matter of selecting candidates for 75% Post Graduate seats within the state fixed the cut-off date for completion of internship as 31.12.1990. It notified the examination for 27.5.1990 inStead of 2.5.1990. By this Court Order on 31.8.1990 it was not open to the Uttar Pradesh Government to hold the examination on 27.5.1990 when the H

session for the year was to start on 2.5.1990. No reference was made to A the fixation of 31.12.1990 as the cut-off date for the completion of housemanship. The State of Uttar Pradesh was directed to hold the examination as contemplated to be held on 27.5.1990 through Lucknow

University by a particular date and called upon the Medical Colleges to complete admissions for the year 1990-91 session by the date indicated B in the order and to deem the commencement of session to have been from 2.5.90 by providing additional teaching facilities to cover up the courses.

In holding the examination the State Government lost sight of directions given in Bihar matter as to the cut-off date not to beyond the commencement of the session. Thus admitted candidates out of which C some were fully qualified, whUe others had yet to complete their internship.

While delivering the Order, the Court,

D HELD: This being specialised study in the Medical Faculty the

most eligible qualified students should '1ave access to the courses for the ultimate soclal good. [193A)

It is in general interest that the Sil"!o cut-off base as has been adopted should be sustained. [193EJ

The action of the State of Uttar Pradesh in fixing the cut-off date as the end of December 1990 anU allowing the candidates undergoing. internship to take the selection examination as also get admitted to the Post Graduate courses i!>oontrary to the scheme of the Indian Medical Council Act and the regulations made there under. [ 193G I

The prevalent arrangement in the State of Uttar Pradesh can only be classified as another indisciplined action. [19311]

Specialisation is the main basis of Post Graduate study. Hereafter no•one shall be admitted without complying with the requirements of G the Act, the Rules and the Regulations, and no State Government or authority running a Medical College would be permitted to avoid compliance of the Law .. [1948; F-GJ

ORIGINAL JURISDICTION: I.A. NOS. 2-4, 5-6.

H IN

Writ Petition (C} No. 1114 of 1990.

(Under Article 32 of the Constitution of India).

Satish Chandra, Gopal Subramanium, Rakesh, R.P. Singh, Ms.

Abha R. Sharma, Murlidhar, K.D. Nag, R.K. Gupta, T.C. Sharma, P.C. Kapur, Ms. Indra Sawhney, S.A. Syed, M.T. George, E.C.

Agarwal, Ms. S. Dikshit and H.N. Salve for the appearing parties.

The following Order of the Court was delivered:

ORDER

This is a group of cases under Article 32 of the Constitution with several applications for interventions and the dispute relates to admission in the Post Graduate Medical Courses in the seven Medical Colleges located within the State of Uttar Pradesh. This Court in Dr.

Dinesh Kumar & Ors. v. Motilal Nehru Medical College, Allahabad & Ors., [1984] 3 SCC 654 for the reasons indicated therein, disapproved the idea of wholesale reservation made in some of the States on the basis of domicil or residential requirement and so far as medical education was concerned, with a view to providing an integrated base of such education on national basis provided reservation of quota at the MBBS stage as also at the Post Graduate stage to be filled up on all India basis. Such reservation so far as the Post Graduate Study is concerned was to be 25% and the selection examination in terms of the Court's decision was left to be done by the All India Institute of Medical Sciences at New Delhi. In respect of the remaining 75% of the seats in Post Graduate Courses it was left to the States to make their selection but the considerations which should weigh for the purpose of selection were appropriately indicated in some of the judgments of this Court.

We are concerned in this group of cases with the selection of candidates for the several sepcialities in the Post Graduate Courses in the seven Medical Colleges as referred to above. This Court in its order reported in (1987) 4 sec 459 had directed:

"What remains now to be dealt with is the finalisation G of the programme relating to the selection examination. As already decided the selection examination shall be conducted by the All India Institute of Medical Sciences, New Delhi. The announcement for holding of the selection examination shall be made on October I of every year and a full four weeks' time would be made available to candi- H

dates for making their applications. After the applications are received not later than six weeks from October, the same would be scrutinised and duly processed and admit cards would be issued. Examination shall be held on the 2nd Sunday of January. The result of examination shall be announced within four weeks from holding of the examination. Admission shall commence two weeks after the declaration of resulis. The last date for taking admission shall be six weeks from the date of the announcement of results but the Head of every Institution shall be entitled to condone delay upto seven days for reasons shown and grounds recorded in special cases. The courses of study shall commence in every institution providing such study throughout the country from May 2. Notification announcing examination, publication of result and allotment of place of admission (keeping preference in view and our direction regarding preference of lady candidates in place of proximity to residence) shall be published into successive issues of one national paper in English having large circulation in every State and at least in two local papers in the language of the State as quickly as possible."

A little later the State Bihar and others came up in appeal before this Court challenging a direction of the Ranchi Bench of the Patna High Court where the High Court had taken execution to steps taken by the Bihar Government in a manner contrary to the aforesaid direction. While disposing of the appeal we indicated in our judgment reported in (1989 4 J. T. 320) thus:

"Obviously the relevant directions have not been followed by the examining body for the current year. Similarly the State of Bihar did not follow the directions of this Court while drawing up its prospectus. If ihe courses of study are to commence from May 2, the last qualifying date could not have been fixed as May 31, 1989. It has been reiterated before us that several States have not been following the directions. Instead of issuing notice to the States and Union Territories for examining the correctness of the allegations of delay and non-compliance of the directions, we have thought it appropriate to indicate that everyone including the States, the Union territories. and other authorities running Medical College with Post Graduate Courses are bound by our order and must strictly follow the

time schedule indicated in paragraph 6 of the order. We A have not proceeded against the defaulting authorities for violation of this Court's order, hoping that there would be no recurrence of it but we would like to administer a warning to every orie that if it Is brought to our notice at any time in future that there has been violation, a serious view of such default shall be taken. We hope and trust that every B one concerned shall comply with the time-frame strictly and there would be no lapse in this regard in future."

Some time thereafter an application for the State of Uttar Pradesh came for disposal before this Court when not having complied with the directions made by this Court in the manner noticed in the Bihar case, the State wanted extension of time. This Court on that occasion observed as under:

"This application is grounded upon the default which this Court has been anxious to eliminate and apprehensive

of non-compliance of directions wherein a serious threat of D punishment have been held out. Roth the State of Uttar Pradesh and the seven medical colleges run by it are bound to implement the scheme in the main judgment as modified from time to time and were covered by the orders of 1987 and 1989. We have read our order of 1987 again and find no scqpe for the stand of the respondents in the present peti- E. tion for the position that there was .scope for confusion relating to the directions in regard to uniform pattern of the courses and the time schedule for the various aspects concerned with the selection examination, . admission of students into the Post Graduate Courses and commencement of sessional teaching. These were two different mat- F ters and while regard to items referred to in the order of 1987 a clear five-year period was allowed to evolve the system of uniformity, time-frame for every purpose like admission and teaching was intended to be brought into force from the year 1988. Two. distinct sets of directions were made-one in regard to the requirement of change of G the regulations and rules and the procedural aspects in operating the scheme, and the other for regulating admission and comniencement of teaching. We reject the plea of the Uttar Pradesh Government and the other respondents that there was scope for conflision and non-compliance with_ the direciions was relatable to a bona fide mistake.

This is a clear instance of either wilful default and total callous indifference to binding and lawful orders made by this Court. 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 we find no scope for any justification for continued default. More so, when the State Government and its officers obliged to give effect to our directions fail to take notice of the same and exhibit a conduct of noncooperation and callousness.

It was the obligation of the State of Uttar Pradesh in terms of the two orders referred to above to initiate action for admission in appropriate time so as to allow the commencement of the course for the year 1990 with effect from May 2, 1990. It is the respondents' stand that for the year

1990 the Entrance Examination for the remaining seats (besides 25% controlled by the AIIMS) was to be conducted by the University of Lucknow on 27th May, 1990.

This itself was contrary to the scheme and exhibited the same pattern of conduct as appeared in the Bihar case referred to above. In fact on looking at the matter from every possible angle we have not been able to appreciate the submissions of Mrs. Dixit and are of the view that the performance of the State of U .P. and its public authorities is anything short of contumacy. At one stage we were thinking of initiating contempt action against the State and the Principals of the seven Medical Colleges. Such steps for disciplining the State and the public authorities concerned would result in multiplicity of proceedings; therefore, instead of undertaking such an excise we have thought it appropriate to impose exemplary costs against the State of Uttar Pradesh as also the Principal of each of the seven Medical Colleges. We direct that the State of Uttar

Pradesh shall pay costs of Rs.20,000 (twenty thousand) while each of the Principals shall pay Rs.500 (five hundred) by way of costs. So far as the State of Uttar Pradesh is concerned, it has of course to come from the public fund of the State. In regard to the Principals of each of seven Medical Colleges located at Lucknow, Agra, Kanpur, Jhansi Meerut, Gorakhpur and Allahabad, the amount of costs shall be recovered personally from their salary and they would not be entitled to reimbursement of the same from

....,,

the State exchequer. These payments be made with the Registry of this Court by 30th of September, 1990. A copy of this order shall be made available to each of the Principals of th seven Medical Colleges for compliance.

The State of U.P. is directed to hold the Selection Examination stipulated by it for May 27, 1990, by 30th of B , September, 1990 and the University of Lucknow is authorised to conduct it. The result of the examination should be published within one week, that is, by 8th of October, 1990 and admissions should be completed on or before 26th of October, 1990 and classes shall commence on 1st of November, 1990. The classes shall be deemed to have commenced from 2nd May, 1990, and each of the Medical C Colleges shall undertake to provide additional teaching in course of the session so as to compensate the students for the days lost on the basis that the course begun on 2nd May, 1990. Each of the Principals of the Medical Colleges shall certify to the Registry of this Court by 15th D November, 1990, that this part of order has been implemented.

Before we part with the case we would like to again administer a warning to everyone associated with the scheme for implementing the directions contained in the E main judgment and the subsequent orders that a future default by anyone in any part of the country shall indeed be seriously viewed and drastically dealt with. This Court has stated in the past and we would like now to reiterate that the directions of this Court are not intended to be brushed aside and overlooked or ignored. Meticulous compliance is p the only way to respond to directions of this Court."

(J.T. 1990 3 SC 707)

This group of writ petitions is an off-shoot of the directions referred to above. --- G

There are seven Medical Colleges in the State which are located at Agra, Allahabad, Gorakhpur, Jhansi, Kanpur, Lucknow and Meerut. As the order of this Court dated 31.8.1990 would show the Meerut College had held its own selection examination in time and the direction, therefore, related to the remaining six colleges.

The Uttar Pradesh Government totally indifferent to our previous directions and oblivious of the consequences that might flow out of such indiscreet steps had in the matter of selecting the candidates for the 75% Post Graduate Seats in the Medical Colleges within the State fixed the cut-off date for completion of the internship as 31.12.1990, though it had notified the examination for 27.5.1990. By our previous order we had held that it was not open to the Uttar Pradesh Government to hold the examination on 27.5.1990 when the session for the year was to start on 2.5.1990. 1n that order no reference was made to the fixation of 31.12.1990 as the cut-off date for the completion of housemanship as it was not necessary for making that order and obviously because that had already been dealt with in the Bihar matter. The order of 31.8.1990 directed the State of Uttar Pradesh to hold the examination contemplated to be held on 27.5.1990 through the Lucknow University by a particular date and called upon the Medical Colleges to complete the admission for the 1990-9,1 session by the date indicated in the order and to deem the commencement of the course to have been from 2.5.1990 and provide additional teaching facilities to cover up the courses.

In holding the examination after this Court's direction, the State Government lost sight of the fact that in the Bihar matter we had indicated that the cut-off date beyond the commencement of the session would not be tenable and thus admitted candidates who had not completed their housemanship to the selection examination and many of them have now been found to have qualified for admission.

We have, therefore, before us a set of candidates who satisfy the requisite conditions and are qualified for selection and a set of candidates who have 'taken the selection examination and have qualified though they have not finished their internship yet. There is challenge to the validity of the 50% qualifying base in the selection test.

Mr. Salish Chandra has contended before us that there was no cut-off remark in the original brochure which required the examination to be held on 27 .5.1990 and, therefore, for the first time, it could not have been introduced in the fresh notice in purported compliance of the Court's order of 31.8.1990.He has further contended that such a provision could only be in a notification in terms of section 28(5) of the U .P. Universities Act and in the absence of an appropriate notification it is not a binding requirement. There may be some force in the submission of learned counsel but we do not think in the present facts and setting of events and in particular for meeting the problem which has arisen we need approve a technical stand.

--;

This is a specialised study and being Post Graduate Course in the A Medical Faculty, the most eligible and qualified students should have access to the courses for the ultimate social good. In the main case- Pradeep Jain v. Union of India, [1984] 3 SCC 654 at page 673 of the Reports this Court said:

"The philosophy and pragmatism of universal excellence through equality of opportunity for education and advancement across the nation is part of our founding faith and constitutional creed. The effort must, therefore, always be

to select the best and most meritorious students for admission to technical institutions and medi.cal colleges by providing equal opportunity to all citizens in the country C ....... Moreover, it would be against national interest to admit in medical colleges or other institutions giving instruction in specialities, Jess meritorious students when more meritorious students are available .... "

It is not disputed that in Uttar Pradesh the prevailing practice was a 50% base for allowing Post Graduate Study to doctors with MBBS qualifications but taking their University examination as the base without any separate selection test, it is not the case of any of the parties before us that the selection is bad for any other reason. We are

of the view that it is in general interest that the 50% cut-off base as has E been adopted should be sustained.

Section 33 of the Indian Medical Council Act contemplates of regulations and sub-section thereof authorises regulations to be made for the courses and the period of study and practical training to be undertaken for grant of recognised medical qualifications. Section 25 F of the Act provides that provisional registration and internship for a period of one year is a basic qualification necessary for acquiring the full-fledged MBBS degree. We also find that a regular registration is necessary for a candidate to get admitted into the Post Graduate Course and regular registration would not be permitted until the internship is completed. The action of the State of Uttar Pradesh in G fixing the cut-off date as the end of December, 1990, and allowing the candidates undergoing internship to take the selection examination as also get admitted into the Post Graduate Courses is, therefore, contrary to the scheme of the Act and the regulations made thereunder.

The prevalent arrangement in the State of Uttar Pradesh can only be classified as another indisciplined action.

We cannot loss sight of the fact that on account of the irregular steps taken by the State of Uttar Pradesh, a group of candidates have been invited to sit at a selection examination before they have acquired the requisite qualification and have been selected for admission. These candidates who are before us have been anxiously waiting for their admission. Similarly there is a group of students who have had the full qualification and has been selected.

Specialisation is the main basis of Post Graduate Study. Every candidate has indicated his or her preference in regard to specialisation. We are of the view that the admissions in respect of about 549 seats said to represent 75% of the State quota in the seven Medical Colleges for the session 1990-91 should, therefore, be completed on the basis as indicated below:

(I) Those candidates who have had the requisite qualification i.e. had become full-fledged degree-holders on or before 2.5.1990 and have been selected for admission should be put D into Category-A. Admission to them shall be given first with their preferred speciality; and

(2) Those candidates who had not completed their internship by 2.5.1990 and have, in the meantime, completed or are going to complete the same by 31.12.1990 and have been found E qualified for admission in the selection examination shall be put into the second list and on the basis of availability of seats as also the preference given by them for speciality on comparative merit basis shall thereafter to admitted.

Keeping their respective merit in view, we have waived the F requirement of completion of the internship as a condition precedent

to admission into the Post Graduate Degree. We would like to make it T clear that hereafter no-one shall be admitted without complying with the requirements of the Act, the Rules and the Regulations referred to above and no State Government or authority running a Medical College would be permitted to avoid compliance of the law.

The expectations of this Court when the order of 31.8.1990 had been made have not worked out on account of the difficulties that have been noticed now. We direct that on the basis of the present orders admission should be completed within two weeks from now and at any rate prior to 30.1l.1990, so that the teaching courses of this session H must, therefore, be started from 1.12.1990 but subject to the deeming

provision that the same started from 2.5.1990. The actual teaching period would be hardly four to five months. We, therefore, direct that the Principals of the respective Medical Colleges shall comply with the directions indicated in the order of 3 l.8.1990 in the matter of providing additional teaching facilities and file the affidavit as indicated in the order by 20.12. 1990 in the Registry of this Court.

Several writ petitions and intervention petitions have been filed but we have not referred to them separately as we thought it appropriate to indicate the principles to regulate the admission for the session and require compliance thereof so that the situation that has arisen may be properly met. It would, therefore, follow that all the writ petitions and the petitions for intervention and/or impleadment relating to admission into the Post Graduate Degrees for the 1990-91 session in the U.P. Medical Colleges are disposed of with these directions. There would be no order as to costs. But we would like to close this matter with a warning to the State of Uttar Pradesh and the Principals of the Medical College located therein that any further infraction of these directions shall be severely dealt with.

S.B.