Full Judgment Text
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PETITIONER:
U.P. JUNIOR DOCTORS’ ACTION COMMITTEE
Vs.
RESPONDENT:
DR. B. SHEETAL NANDWANI AND ORS
DATE OF JUDGMENT31/08/1990
BENCH:
MISRA RANGNATH
BENCH:
MISRA RANGNATH
KULDIP SINGH (J)
CITATION:
1991 AIR 909 1990 SCR Supl. (1) 130
1990 SCC (4) 633 JT 1990 (3) 690
1990 SCALE (2)462
ACT:
Medical Colleges--Post Graduate Courses--Admission--Fake
order in a non-existent writ petition produced before High
Court for securing directions regarding admission--High
Court directing cancellation of scheduled competitive exami-
nation and directing admission on the basis of marks ob-
tained in M.B.B.S.--Directions by Supreme Court--Admissions
granted on the basis of M.B.B.S. results vacated-Enquiry by
Central Bureau of Investigation.
HEADNOTE:
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 Lucknow Bench of the High
Court which directed cancellation of the scheduled competi-
tive admission examination to the Post-Graduate Medical
Courses in the Medical Colleges of the State of Uttar Pra-
desh and. granted admission on the basis of the marks ob-
tained 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 Doctors’ Action Committee has preferred this
appeal by special leave.
Allowing the appeal, this Court,
HELD: 1.1 Purity of the judicial stream should not be
allowed to be polluted by a clandestine move and citizens
should not be misled by actions of 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 subsequent 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 set aside as
having been made on the basis of misrepresentation. Conse-
quently, those who have taken admission on the basis of such
orders, that is on the basis of the M.B.B.S. result without
going through a selection examination, cannot be allowed to
continue in the Post-Graduate
131
Courses. Accordingly, admissions, if any, made on the basis
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of orders of the High Court shall stand vacated. [133F-G;
134A]
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 has 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 brought 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.
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Interlocutory Application
No. 1 of 1990.
IN
Civil Appeal No. 4444 of 1991).
From the Judgment and Order dated 25.5.1991 of the
Allahabad High Court in C.W.P. No. 5267 of 1990.
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
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 spe-
cial leave petition. Special leave is granted.
On 25.5.1990. a learned Single Judge of the Allahabad
High Court is said to have made an order in Writ Petition
No. 5267 of 1990. That brief order for convenience is ex-
tracted below:
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 Kumar v.
132
M.L.N. Medical College, Allahabad, [1987] 4 SCC 459 in
organising the competition to be held on 27.5.90 by Lucknow
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 running
Medical colleges with Post Graduate Courses are bound by our
order and must strictly follow the same schedule". For
violating its orders, the Hon’ble Supreme Court hoped that
"there would be no recurrence of it but we would like to
administer a warning to everyone that if it is brought to
our notice at any time in future that there has been viola-
tion, a serious view of such default shall be taken.
Keeping in view the above observations the opposite parties
are strictly directed not to hold the competitive examina-
tion scheduled on 27th May, 1990 and admit the petitioners
in Post Graduate Medical Courses in the present session on
the basis of marks obtained in MBBS Course as has been done
for MDS Courses.
The Writ Petition is allowed with no order as to costs"
On the basis of that order and relying upon the terms
thereof, a learned Single Judge of the Lucknow Bench of the
High Court made an order on 4.6.90) directing that steps be
taken on the basis of the direction direction made in the
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order dated 25.5.90 for giving admission to candidates in
P.G. Courses. The net result of these two orders is that the
Selection Examination for filling up of the seats in the
Post Graduate Medical Courses of the seven medical colleges
in U.P. has been cancelled and a direction has been issued
to the State Government to grant admission on the basis of
M.B.B.S. results.
This Court by order dated 21st August, 1990 directed the
Registrar of the Allahabad High Court to transmit the record
wherein order dated 25.5.90 is said to have been made. The
Registrar in his letter dated 22nd August, 1990, to this
Court in response to the direction has stated that:
"there is no such case as writ No. 5267 of 1990 Dr. B.
Sheetal Nandwani v. State and Others, and no judgment
133
was delivered by Hon’ble Mr. Justice Anshuman Singh on
25.5.90 in the said case. The file is sent to you through
special messenger and you are requested to kindly return the
file after the Hon’ble Court’s perusal.
It is further submitted that fake judgment was said to have
been produced before different Medical Colleges purporting
to have been delivered by Hon’ble Mr..justice Anshuman
Singh, J. on 25.5.1990 in Writ Petition No. 5267 of 1990
directing the opposite parties not to hold competitive
examinations scheduled on 27.5.90 and admit the petitioners
in Post-Graduate Medical Course in the present session on
the basis of the marks obtained in M.B.B.S. Course. In
’Northern India Patrika’ (Allahabad Edition) dated 11.8.90
this matter was published with the heading ’Bogus Judgment
aborts entrance Exam’ and only then it came to the notice of
the Hon’ble Court and the Hon’ble the Chief Justice took up
the matter and directed that a CID enquiry be instituted. On
the direction of Hon’ble the Chief Justice the Government
has been moved to get the matter investigated by CID."
From the report it is manifest that a fake order in a
non-existent writ petition was produced before the Lucknow
Bench of the Allahabad High Court for securing the order
dated 4.6.90. It also transpires that on the basis of al-
leged order dated 25.5.90 and the subsequent order of 4.6.90
some admissions have been secured in some of the medical
colleges. Those who have taken admission on the basis of
such orders. that is on the basis of the M.B.B.S. result
without going through a selection examination cannot be
allowed to continue in the Post Graduate Courses. We are
satisfied that there is a deep-seated conspiracy which
brought about the fake order from Allahabad. the principal
seat of the High Court and on the basis thereof a subsequent
direction has been obtained from the Lucknow Bench of the
same High Court. The first order being non-existent has to
be declared to be a bogus one. The second order made on the
basis of the first order has to be set aside as having been
made on the basis of misrepresentation. We are alive to the
situation that the persons who have taken admission on the
basis of the M.B.B.S. results are not before us. The circum-
stances in which such benefit has been taken by the candi-
dates concerned do not justify attraction of the application
of rules of natural justice of being provided an opportunity
to be heard. At and rate now that we have at the instance of
the U.P. Government ordered
134
the selection examination to be held, admission on the basis
of M.B.B.S. results cannot stand. We accordingly direct that
admissions, if any on the basis of M.B.B.S. results granted
after the impugned orders of the High Court shall stand
vacated and the Principals of the medical colleges of U.P.
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are directed to implement the direction forthwith. A copy of
this order shall be communicated to each of the Principals
of the seven medical colleges in the State of U.P. for
compliance.
The report of the Registrar of the High Court of Allaha-
bad indicates that the Criminal Investigation Department of
the State has been asked to investigate into the matter. We
are of the view that appropriate investigation should be
done by the Central Bureau of Investigation and persons
behind this deep-seated fraud should be brought to book
without any delay. Purity of the judicial stream should not
be allowed to be polluted by such a clandestine move and
citizens should not be misled by actions of the conspira-
tors. We, therefore, direct that the Central Bureau of
Investigation shall step in forthwith and complete the
investigation within two months and provide a copy of the
report containing the result of the investigation to this
Court. A copy of the report shall simultaneously be submit-
ted to the learned Chief Justice of the Allahabad High
Court. The appeal is allowed with costs. As and when the
respondents who are said to be petitioners in writ petition
No. 5267 of 1990 are identified shall be made to pay the
costs of this appeal which we assess at Rs.10,000. Out of
the costs as and when recovered, the appellants shall be
entitled to a sum of Rs.3,000 and the remaining sum of
Rs.7,000 shall be paid to the Supreme Court Legal Aid Com-
mittee.
T.N.A. Appeal allowed.
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