- (1.) 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 special leave petition. Special leave is granted.
(2.) On 25-5-1990, a learned single Judge of the Allahabad High Court is said to have made an order in Writ Petn. No. 5267 of 1990. That brief order for convenience is extracted below: "It has been brought to the notice of the Court that the opposite parties have violated the time schedule framed by Hon'ble Supreme Court in the case of Dr. Dinesh Kumar v. MLN Medical College, Allahabad, (1987 . ) 4 SCC 459 in organising that 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 Teritorries 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 violation, 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 examination schduled on 27th May, 1990 and admit the petitioners in Post-graduate Medical Courses in the present session on the basis of marks obtained in M.B.B.S. Course as has been done for M.D.S. Courses. The Writ Petition is allowed with no order as to costs."
(3.) 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 made in the 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 isssued to the State Government to grant admission on the basis of M.B.B.S. results.;