AJAY KUMAR AGRAWAL Vs. STATE OF UTTAR PRADESH
LAWS(SC)-1990-11-78
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on November 16,1990

AJAY KUMAR AGRAWAL Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents





Cited Judgements :-

DEEPALI YADAV VS. UOI [LAWS(DLH)-2007-8-137] [REFERRED TO]
BIRLA INSTITUTE OF TECHNOLOGY MESRA RANCHI VS. YAMINI SHUKLA [LAWS(ALL)-1995-11-37] [REFERRED TO]
RAJESH KUMAR VS. STATE OF U P [LAWS(ALL)-1998-11-147] [REFERRED TO]
VANI PATI TRIPATHI VS. DIRECTOR GENERAL EDUCATION AND TRAINING LUCKNOW [LAWS(ALL)-2002-11-42] [REFERRED TO]
STATE OF JAMMU AND KASHMIR VS. CHANDER CHINAR BADA AKHARA UDASIN SOCIETY SRINAGAR [LAWS(J&K)-1996-3-5] [REFERRED TO]
HEMANTA CHANDRA PANDA VS. STATE OF ORISSA [LAWS(ORI)-1996-12-27] [REFERRED TO]
STATE OF UTTAR PRADESH VS. ANUPAM GUPTA [LAWS(SC)-1992-2-56] [RELIED ON]
OMBIR SINGH VS. STATE OF UTTAR PRADESH [LAWS(SC)-1992-7-37] [RELIED ON]
A FRANKLIN JOSEPH VS. STATE OF TAMIL NADU [LAWS(SC)-1994-2-44] [REFERRED TO]
P V INDIRESAN VS. UNION OF INDIA [LAWS(SC)-2011-8-48] [REFERRED TO]
B V RAGHUNANDA GUPTA VS. UNIVERSITY OF AGRICULTURAL SCIENCES [LAWS(KAR)-1998-7-83] [REFERRED TO]
VINEET SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-1998-12-16] [REFERRED]
DEO KRISHNA JHA VS. STATE OF BIHAR [LAWS(PAT)-2006-9-110] [REFERRED TO]
ESHA SINGHAL VS. STATE OF U P [LAWS(ALL)-2014-5-394] [REFERRED TO]
CHANDAN KURREY S/O SHRI BALIRAM KURREY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-8-3] [REFERRED TO]


JUDGEMENT

- (1.)This is a group of cases under .Art. 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 v. Motilal Nehru Medical College, Allahabad (1984 (3) SCC 654) : (AIR 1984 SC 1420 for the reasons indicated therein, disapproved the idea of wholesale reservation made in some of the States on the basis of domicile 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 State 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.
(2.)We are concerned in this group of cases with the selection of candidates for the several specialities in the Post Graduate Courses in the seven Medical Colleges as referred to above. This Court in its order reported in .(1987 (4) SCC 459) had directed at page 462 (1987) 4 SCC:
"What remains now to be dealt with is the finalisation 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 1 of every year and a full four weeks' time would be made available to candidates for making their applications. After the applications are received not later than six weeks from October 1 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 results. 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 up to 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."

(3.)A little later the State of 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 exception to steps taken by the Blhar Government in a manner contrary to the aforesaid direction. While disposing of the appeal we indicated in our judgment reported in (1989 (4) JT 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 the 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 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 one 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 one concerned shall comply with the time-frame strictly and there would be no lapse in this regard in future."

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