Summary
In a Writ Petition filed before the High Court, the respondents, a group of medical graduates, challenged the prospectus for admission to the post-graduate medical, courses, for the year 1989, which prescribed 31st May, 1989 as cut-off date of eligibility, as contrary to the direc- tions of this Court in Dr. Dinesh Kumar & Ors. v. Motilal Nehru Medical College, Allahabad & Ors., [1987] 4 SCC 459.
Finding that the timeframe set by this Court was not adhered to, the High Court quashed the prospectus to the extent that the cut-off date of eligibility was fixed as 31.5.1989.In the appeal before this Court, the appellants contend- ed that as the All India Entrance Examination held by the All India Institute of Medical Sciences was not conducted in time, as fixed by this Court and intimation of the results was sent late, the scheme formulated by the Court was not being implemented properly. The examining body, in its affidavit, expressed, regrets and assured that there would not be any default in future.Disposing of the Writ Petition, this Court,HELD: The relevant directions of this Court have not been followed by the examining body for the current year.Similarly, the State did not follow the directions while drawing up its prospectus. If the courses of study were to commence from May 2, the last qualifying date could not have been fixed as May 31, 1989. Everyone including the States, the Union Territories and other authorities running Medical Colleges with Post Graduate Courses are bound by this Court's order and must strictly follow the time schedule laid down therein in this regard. A serious view would be taken if any violation of this Court's 169order is brought to notice in future. Everyone concerned should comply with the time-frame strictly and there should be no lapse in this regard in future. [171C; E-F]The mistake of the State in fixing a date beyond the cut-off date fixed by this Court has misled a group of candidates. It is in the interest of all that this mistake should be condoned and admissions for this year should be permitted on the basis of the result of the selection exami- nation with 31st of May, 1989, as cut-off date. This depar- ture is confined to the present year only. [172A-B]Dr. Dinesh Kumar & Ors. v. Motilal Nehru Medical Col- lege, Allahabad & Ors., [1987] 4 SCC 459.See the full content of this document
Extract
State Of Bihar And Ors VS. Dr. Sanjay Kumar Sinha And Ors.
PETITIONER: STATE OF BIHAR AND ORS Vs.RESPONDENT: DR. SANJAY KUMAR SINHA AND ORS.DATE OF JUDGMENT15/11/1989BENCH: MISRA RANGNATHBENCH: MISRA RANGNATHSAWANT, P.B.RAMASWAMY, K.CITATION: 1990 AIR 749 1989 SCR Supl. (2) 168 1990 SCC (4) 624 JT 1989 (4) 320 1989 SCALE (2)1124CITATOR INFO : RF 1990 SC2030 (4)RF 1991 SC 909 (2)ACT: Professional Colleges--Admissio...
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