Junior Doctors' Action Committee Vs. Dr. B. Sheetal Nandwani & Ors  INSC
264 (31 August 1990)
Rangnath Misra Rangnath Kuldip Singh (J)
1991 AIR 909 1990 SCR Supl. (1) 130 1990 SCC (4) 633 JT 1990 (3) 690 1990 SCALE
Colleges--Post Graduate Courses--Admission--Fake order in a non-existent writ
petition produced before High Court for securing directions regarding
admission--High Court directing cancellation of scheduled competitive exami-
nation and directing admission on the basis of marks ob- tained in
M.B.B.S.--Directions by Supreme Court--Admissions granted on the basis of
M.B.B.S. results vacated-Enquiry by Central Bureau of Investigation.
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
the appeal, this Court,
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
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]
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]
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,  4 S.C.C. 459; and State of Bihar v. Dr. Sanjay Kumar Sinha, A.I.R.
1990 SC 749, cited.
APPELLATE JURISDICTION: Interlocutory Application No. 1 of 1990.
Civil Appeal No. 4444 of 1991).
the Judgment and Order dated 25.5.1991 of the Allahabad High Court in C.W.P.
No. 5267 of 1990.
and Pradip Misra for the Appellants.
Judgment of the Court was delivered by RANGANATH MISRA, J. 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 spe- cial leave petition. Special leave is granted.
25.5.1990. a learned Single Judge of the Allahabad High Court is said to have
made an order in Writ Petition No. 5267 of 1990. That brief order for
convenience is ex- tracted below: has been brought to the notice of the Court
that the opp. parties have violated the time schedule framed by Hon'ble Supreme
Court in the case of Dr. Dinesh Kumar v. 132 M.L.N. Medical College, Allahabad,
 4 SCC 459 in organising the 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 territories 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 viola- tion, a serious view of such default
shall be taken.
in view the above observations the opposite parties are strictly directed not
to hold the competitive examina- tion scheduled on 27th May, 1990 and admit the petitioners in Post Graduate Medical Courses
in the present session on the basis of marks obtained in MBBS Course as has
been done for MDS Courses.
Writ Petition is allowed with no order as to costs" 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 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 issued to the State Government to grant
admission on the basis of M.B.B.S. results.
Court by order dated 21st
August, 1990 directed
the Registrar of the Allahabad High Court to transmit the record wherein order
dated 25.5.90 is said to have been made. The Registrar in his letter dated 22nd August, 1990, to this Court in response to the
direction has stated that:
is no such case as writ No. 5267 of 1990 Dr. B. Sheetal Nandwani v. State and
Others, and no judgment 133 was delivered by Hon'ble Mr. Justice Anshuman Singh
on 25.5.90 in the said case. The file is sent to you through special messenger
and you are requested to kindly return the file after the Hon'ble Court's perusal.
further submitted that fake judgment was said to have been produced before
different Medical Colleges purporting to have been delivered by Hon'ble Mr..justice
Anshuman Singh, J. on 25.5.1990 in Writ Petition No. 5267 of 1990 directing the
opposite parties not to hold competitive examinations scheduled on 27.5.90 and
admit the petitioners in Post-Graduate Medical Course in the present session on
the basis of the marks obtained in M.B.B.S. Course. In 'Northern India Patrika'
(Allahabad Edition) dated 11.8.90 this matter was published with the heading
'Bogus Judgment aborts entrance Exam' and only then it came to the notice of
the Hon'ble Court and the Hon'ble the Chief Justice
took up the matter and directed that a CID enquiry be instituted. On the
direction of Hon'ble the Chief Justice the Government has been moved to get the
matter investigated by CID." From the report it is manifest that a fake
order in a non-existent writ petition was produced before the Lucknow Bench of
the Allahabad High Court for securing the order dated 4.6.90. It also
transpires that on the basis of al- leged order dated 25.5.90 and the
subsequent order of 4.6.90 some admissions have been secured in some of the
medical colleges. 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 Courses. We are
satisfied that there is a deep-seated conspiracy which brought about the fake
order from Allahabad. the principal seat of the 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
has to be declared to be a bogus one. The second order made on the basis of the
first order has to be set aside as having been made on the basis of
misrepresentation. We are alive to the situation that the persons who have
taken admission on the basis of the M.B.B.S. results are not before us. The
circum- stances in which such benefit has been taken by the candi- dates
concerned do not justify attraction of the application of rules of natural
justice of being provided an opportunity to be heard. At and rate now that we
have at the instance of the U.P. Government ordered 134 the selection
examination to be held, admission on the basis of M.B.B.S. results cannot
stand. We accordingly direct that admissions, if any on the basis of M.B.B.S.
results granted after the impugned orders of the High Court shall stand vacated
and the Principals of the medical colleges of U.P. are directed to implement
the direction forthwith. A copy of this order shall be communicated to each of
the Principals of the seven medical colleges in the State of U.P. for
report of the Registrar of the High Court of Allaha- bad indicates that the
Criminal Investigation Department of the State has been asked to investigate
into the matter. We are of the view that appropriate investigation should be
done by the Central Bureau of Investigation and persons behind this deep-seated
fraud should be brought to book without any delay. Purity of the judicial
stream should not be allowed to be polluted by such a clandestine move and
citizens should not be misled by actions of the conspira- tors. We, therefore,
direct that the Central Bureau of Investigation shall step in forthwith and
complete the investigation within two months and provide a copy of the report
containing the result of the investigation to this Court. A copy of the report
shall simultaneously be submit- ted to the learned Chief Justice of the
Allahabad High Court. The appeal is allowed with costs. As and when the
respondents who are said to be petitioners in writ petition No. 5267 of 1990
are identified shall be made to pay the costs of this appeal which we assess at
Rs.10,000. Out of the costs as and when recovered, the appellants shall be
entitled to a sum of Rs.3,000 and the remaining sum of Rs.7,000 shall be paid
to the Supreme Court Legal Aid Com- mittee.