U.P. Junior Doctors' Action Committee VS. Dr. B. Sheetal Nandwani And Ors

Summary

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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 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.

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Extract

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U.P. Junior Doctors' Action Committee VS. Dr. B. Sheetal Nandwani And Ors

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...

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