MANU/SC/0437/2012

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 4318 of 2012 (Arising out of SLP (C) No. 27089 of 2011) and Civil Appeal No. 4319 of 2012 (Arising out of SLP (C) No. 29306 of 2011)

Decided On: 08.05.2012

Appellants: Priya Gupta
Vs.
Respondent: State of Chhattisgarh and Ors.

Hon'ble Judges/Coram:
A.K. Patnaik and Swatanter Kumar

ORDER

Accordingly, we order as follows:

1. Though, we find no merit in the appeal preferred by the Appellants and the judgment of the High Court does not suffer from any infirmity, still, in the peculiar facts and circumstances of the case, we permit the Appellants to complete their MBBS course as general candidates in the Government Medical College, Jagdalpur, subject to their paying a sum of Rs. 5 lakhs each, within one week from today.

2. In the event of default of payment or failure to file proof of payment in the Registry of this Court, not only will the present appeal stand dismissed on merits, but we also direct that the exam results of the defaulting Appellant will not be declared, they will not be conferred with the degree of MBBS by the Jagdalpur College and the Medical Council of India shall not register their names on the rolls maintained by it or the State Council, as the case may be.

3. For the reasons afore-stated, if their admissions are cancelled, there being no claimants for these seats, the seats will go waste and the entire expenditure incurred by the State would also be wasted. After so many years, it would be an exercise in futility to cancel their admissions, which, but for the interim orders, could be avoided. An undue advantage from the interim orders has accrued in favour of the Appellants.

With all the humility at our command, we request the High Courts to ensure strict adherence to the prescribed time schedule, process of selection and to the rule of merit.

We reiterate what has been stated by this Court earlier, that except in very exceptional cases, the High Court may consider it appropriate to decline interim orders and hear the main petitions finally, subject to convenience of the Court. We may refer the dictum of this Court in the case of Medical Council of India v. Rajiv Gandhi University of Health Sciences MANU/SC/0325/2004 : (2004) 6 SCC 76, para 14) in this regard.

4. We have categorically returned a finding that all the relevant stakeholders have failed to perform their duty/obligation in accordance with law. Where the time schedules have not been complied with, and rule of merit has been defeated, there nepotism and manipulation have prevailed. The stands of various authorities are at variance with each other and none admits to fault. Thus, it is imperative for this Court to ensure proper implementation of judgments of this Court and the Regulations of the Medical Council of India as well as not to overlook the arbitrary and colourable exercise of power by the concerned authorities/colleges.

5. Therefore, we hereby direct initiation of proceedings against the following under the provisions of the Contempt of Courts Act, 1971. Let notice be issued to the following, to show cause why they be not punished in accordance with law.

a. Additional Secretary, Ministry of Health & Family Welfare, Union of India.

b. Dr. S.L. Adile, Director, Medical Education.

c. Dean of the Jagdalpur College.

d. Dr. M.S. Banjan, Member of the Selection Committee.

e. Dr. P.D. Agarwal, Member of the Selection Committee.

f. Shri Padmakar Sasane, Member of the Selection Committee.

g. Director General, Directorate of Health Services, Union of India.

5. Notice be issued returnable in two weeks, on which day the matter shall be listed before this Court. Registry shall maintain separate file for that purpose.

6. All concerned authorities are hereby directed to carry out the directions and orders contained in this judgment, particularly paragraphs 30 and 31 of the judgment forthwith. The directions shall be applicable for the academic year 2012-2013 itself.

54. A copy of this judgment shall be sent to all concerned authorities, forthwith, for strict compliance and adherence, without demur and default.

55. Both the appeals are disposed of with the above directions.


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