Full Judgment Text
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PETITIONER:
DR. DINESH KUMAR & ORS.
Vs.
RESPONDENT:
MOTILAL NEHRU MEDICAL COLLEGE
DATE OF JUDGMENT08/07/1985
BENCH:
BHAGWATI, P.N.
BENCH:
BHAGWATI, P.N.
SEN, AMARENDRA NATH (J)
MISRA RANGNATH
CITATION:
1985 AIR 1415 1985 SCR Supl. (2) 1
1985 SCC (3) 542 1985 SCALE (2)69
ACT:
Constitution of India, Articles 12 and 32 - Medical
Colleges Admission - Writ Petition - Allowed - Difficulty in
implementing judgment - Directions sought - Whether to be
given Municipal Corporation - Whether ’State’ - Medical
Colleges run by Municipal Corporations - Whether bound by
directions.
HEADNOTE:
In the Civil Miscellaneous Petitions it was pointed out
that neither the Government of India nor the Medical Council
of India was in a position to hold an All India Entrance
Examination for the purpose of filling in 30% seats of the
open category in the 1st year M.B.B.S. Course and 50% of the
open seats in the Post-Graduate Course until the year 1986.
The implementation of the directions given by this Court
earlier should not be, therefore, insisted upon for the
current academic year 1985, because otherwise each State
Government will have to hold an entrance examination causing
hardship and inconvenience to the students. Moreover, many
State Governments are not yet ready to hold such
examinations.
Allowing the petitions,
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HELD: 1. Save and except in those cases where entrance
examination has already been held by any State Government or
Government of any Union Territory or any University pursuant
to the directions given earlier, such directions shall be
implemented only from the academic year 1986 and shall not
be effective for the current academic year 1985. Where,
however, the entrance examination has already been held or
was being held even before the delivery of the main judgment
on 22.6.84, this order shall not affect the validity of such
examination which might have already been held or which may
be held hereafter. [3 A-B]
2. If any admissions have been made in the
implementation of the directions they shall not be affected
nor shall they be invalidated.[3 E]
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3. Every Municipal Corporation is a local authority and
hence a State within the meaning of Article 12 of the
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Constitution and, therefore, Medical Colleges run by
Municipal Corporations are bound by these directions. [3F]
JUDGMENT:
ORIGINAL JURISDICTION : CMP. Nos. 23448-52 & 24719A of
1985.
(In W.P. Nos. 348-52 of 1985)
WITH
CMP. Nos. 24472-73 & 24473A of 1985
(In W.P. No. 6091 etc. of 1983)
(Under Article 32 of the Constitution of India)
Anil B. Divan, L. M. Singhvi, T. R. Andhyarajina, S. S.
Ray, G. Vishwanatha Iyer, A. V. Sawant, P. H. Parekh,
Dalveer Bhandari, M. F. Saldhana, M. N. Shroff, Mrs. & Mr.
Karanjawala, Ashok Mahajan, Sunita Kriplani, S. K. Gambhir,
P. K. Pillai, F. D. Damania, F. N. P. D’Mello, D. N. Misra,
B. R. Agarwala, Miss Vijayalakshmi Menon, Girish Chandra, R.
N. Poddar, G. A. Shah, Ravi Wadhwani, S. K. Beri, B. D.
Sharma, D. K. Sinha, J. R. Das, S. K. Nandi for the
appearing parties and Miss A. Subhashini for State of H. P.
& A. P.
The Order of the Court was delivered by
BHAGWATI, J. All intervention applications are allowed.
There are several civil miscellaneous petitions before
us arising out of the main Judgment delivered by us on June
22, 1984 and the supplementary judgment given on May 1, 1985
and the order passed on July 26, 1984. It has been pointed
out to us by the applicants in these civil miscellaneous
petitions that in view of the fact that neither the
Government of India nor the Medical Council of India is in a
position to hold an All India Entrance Examination for the
purpose of filling in 30% seats of the open category in the
1st year M.B.B.S. Course and 50% of the open seats in the
Post-Graduate Course until the year 1986, it is necessary
that the implementation of the directions given by us
earlier should not be insisted upon for the current academic
year 1985, because otherwise each State Government will have
to hold an entrance examination and it will cause hardship
and inconvenience to the students to go from place to place
at these examinations held by various State Governments and
moreover, many of the State Governments are not yet ready to
hold such examinations and there is not only confusion but
almost a chaotic
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situation prevailing in the matter. We, therefore, direct
that, save and except in those cases where entrance
examination has already been held by any State Government or
any Government of Union Territory or any University pursuant
to the directions given by us in our judgment, such
directions shall be implemented only from the academic year
1986 and shall not be effected for the current academic year
1985. Where, however, the entrance examination has already
been held or was being held even before the delivery of our
main judgment on June 22, 1984 this order made by us shall
not affect the validity of such examination which might have
already been held or which may be held here after. We may
again make it clear that the implementation of our
directions shall not be effective for the current academic
year 1985 in regard to those Universities where entrance
examination has not already been held or was not being held
prior to the delivery of our main judgment on June 22, 1984.
We are making this order so that hardship and inconvenience
to the students may be avoided, because primarily our
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concern is to ensure protection of the interest of the
students. While making this order we would once again
emphasis that the directions given by us shall be effective
from the next academic year 1986 and not from the current
academic year 1985 and the modalities of holding of All
India Entrance Examinations by the Medical Council of India
or by any other appropriate authority shall be discussed and
finalised and appropriate directions given at the time when
these matters are heard on July 22, 1985. We may also add
that if any admissions have been made in implementation of
the directions given by us, they shall not be affected nor
shall they be invalidated.
Mr. Damania appearing on behalf of the applicants in
CMP. No. 24472/85 has sought clarification from the Court
whether the directions given by us earlier in our judgment
are also binding on the Medical Colleges run by the
Municipal Corporations. Every Municipal Corporation is a
local authority and hence a State within the meaning of
Article 12 of the Constitution and therefore Medical
Colleges run by Municipal Corporations are bound by the
directions given by us.
We would direct that copies of this order shall be
forwarded immediately to all the State Governments,
Governments of all Union Territories, Central Government and
also to the Medical Council of India.
A.P.J. Petition allowed.
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