JUDGEMENT
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(1.)The three questions before us are: (i) whether the complaint filed
against the respondents under Section 195(1)(b) of the Code of Criminal
Procedure, 1973 was authorized by the Allahabad High Court; (ii) whether it
was necessary to obtain a sanction from the Allahabad High Court for filing
the complaint against the respondents, and (iii) if a sanction was
necessary, whether it was in -fact obtained. In our opinion, the first
question must be answered in the negative. Consequently, the second and
third questions do not arise or are, at best, academic in nature and need
not be answered. As such, the orders under appeal call for no interference.
The facts
(2.)On 25th May, 1990 a learned Single Judge of the Allahabad High
Court is said to have dealt with Writ Petition No. 5267 of 1990
(purportedly filed by Dr. Sheetal Nandwani) and passed an order to the
effect that the competitive examinations scheduled to be held on 27th May,
1990 for admission in post-graduate medical courses in State medical
colleges ought not to be held. Instead, admissions should be made on the
basis of marks obtained by the candidates in the MBBS course as has been
done in MDS courses. With this brief order the writ petition was allowed.
(3.)In compliance with the order dated 25th May, 1990 the State
Government cancelled the scheduled competitive examinations in seven
medical colleges in Uttar Pradesh and a direction issued to grant admission
on the basis of MBBS results.
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