Holding

The Court held that the directions were clear, no confusion existed, and the State must comply immediately, with exemplary costs imposed for its default.

Summary

The Supreme Court entertained an interlocutory application by the State of Uttar Pradesh and seven medical colleges seeking time to implement the Court's 1987 directions on admission to postgraduate medical courses. The Court held that the directions were clear, unambiguous and left no scope for confusion or a bona‑fide mistake. It rejected the respondents' plea for a delay, characterising their non‑compliance as contumacy, and imposed exemplary costs of Rs.20,000 on the State and Rs.500 on each principal. Specific timelines were fixed for the selection examination, result declaration, admissions and commencement of classes, with a warning that future defaults would be dealt with severely. The application was consequently disposed of.

Issues considered

Whether the State of Uttar Pradesh may be granted additional time to comply with the Supreme Court's 1987 directions on postgraduate medical admissions.
Whether any ambiguity or bona‑fide mistake exists in the Court's directions that would justify a delay.
Whether exemplary costs can be imposed for wilful non‑compliance with judicial orders.

Subjects

post‑graduate medical admissionSupreme Court directionsjudicial complianceexemplary costscontempt of courtArticle 32interlocutory application

Judgment

DR. DINESH KUMAR AND ORS.
v. A
MOTi LAL NEHRU MEDICAL COLLEGE, ALLAHABAD
AND ORS.

AUGUST 31, 1990
B
[RANGANATH MISRA AND KULDIP SINGH, JJ.]

Professional Colleges-Admission to post-graduate medical
courses-Directions regarding-Meticulous compliance emphasised-
Future default to be seriously viewed and drastically dealt with.

In Dr. Pradeep Jain v. Union of India, [1984] 3 SCR 942 the c
Court had laid down a scheme of admission to medical colleges in
graduate and plist-gradnate courses. By its order dated September 25,
1987 in a miscellaneous petition the Court made certain specific direc-
tions for the sake of bringing about uniformity in post-graduate medical
teaching and allowed a five year period upto 1992 for doing so. In para D
6 of the said order it also fixed a uniform schedule for inviting applica-
tions for holding the selection examination, declaration of the result,
and admission of students to the post-graduate courses. It was laid
down therein that the courses of study shall commence in every
institution throughout the country from May 2 every year. The said
time frame was intended to be brought into force from the year 1988. E
The Union of India, the Medical Council of India, the State Govern-
ments, Universities, medical institutions and all other atithorities
involved were required to give full effect to the orders and directions. A
copy of the order was communicated forthwith to the Chief Secretary of
every State and Union Territory for compliance.
F
In State of Bihar v. Sanjay Kumar, AIR 1990 SC 749 dealing
with the lapse on the part of the State of Bihar in the matter of com-
pliance with the directions of 1987 the Court had expressed the hope
and trust that everyone concerned would comply with the time frame
strictly. in future and held out a serious threat of punishment against
the defaulting authorities. G

In the instant interlocutory application the respondents sought
grant of time to the State of Uttar Pradesh for implementing the order
dated September 25, 1987 and commence the session for post-graduate
education from 2nd May, 1990 in all the seven medical colleges run by H

135
136 SUPREME COURT REPORTS [1990] Supp. I S.C.R.
..
it, and to hold the competitive examination for admitting the post·
A
graduate students for the year 1990 through the University of Lucknow.
Their stand was that there was scope for confusion relating to the
directions and non-compliance was relatable to a bona fide mistake.

Disposing of the application, the Court,
13
HELD: 1. The directions of the Court are not intended to be
brushed aside and overlooked or ignored. Meticulous compliance is the
only way to respond to them. [141G]

2.1 In the instant case, two distinct sets of directions were made
by the Court-one in regard to requirement of change of the regulations
c and rules and the procedural aspects of the scheme, and the other for
regulating admission and commencement of teaching. There was no
scope for confusion relating to them. [140C-D]

2.2 It was the obligation of the State of Uttar Pradesh in terms of
D the orders of 1987 and 1989 to initiate action for admission in appro·
priate time so as to allow the commencement of the course for the year ~
1990 with effect from May 2, 1990. The respondents' stand that the
entrance examination for the remaining seats (besides 25% controlled
by the AllMS) was to be conducted hy the University of Lucknow on
27th May, 1990 itself was contrary to the scheme. [140E-F]
E
2.3 Where the direction is clear and arising out of default of
compliance, a further direction is made clarifying the position and
warning defaulting parties of serious consequences, there was no scope
for any justification for continued default. In failing to take notice of the
Court's directions the State Government and its officers have exhibited
F a conduct of non-cooperation and callousness. In fact, their performance
was nothing short of contumacy. It is but appropriate, therefore, to
imp0se exemplary costs against the State of Uttar Pradesh as also the
Principal of each of the seven medical colleges. [140D; G·H]

The State of U.P. shall pay costs of Rs.20,000 while each of the
G Principals of the seven medical colleges shall pay Rs.500 by way of the
costs which shall be recovered personally from their salary, and they
would not be entitled to reimbursement of the same from the State
exchequer. [141A]
,. .
3. Tlte State of U.P. to hold the selection examination stipulated
,ii by it for May 27, 1990, by 30th of September, 1990 and the University
DINESH KUMAR v. MEDICAL COLLEGE [MISRA, J.] 137

of Lucknow is authorised to conduct it. The result of the examination
should be published within one week, that is, by 8th of October, 1990 A
and admissions should be completed on or before 26th of October 1990
and classes shall commen<e on Ist of November, 1990. The classes shall
be deemed to have commenced from 2nd May, 1990, and each of the
medical colleges shall undertake to provide additional teaching to com-
pensate the students for the days lost. [141D-E] B
4. A warning is administered to everyone associated with the
scheme for implementing the directions contained in the main judgment
and the subsequent orders that a future default by anyone in any part of
the country shall be seriously viewed and drastically dealt with. [141F]

ORIGINAL JURISDICTION: I.A. No. 4 of 1990. c
IN
Writ Petition Civil Nos. 348-352 of )985.

(Under Article 32 of the Constitution of India). D

Kapil Sibbal, Additional Solititor General, Madan Lokur,
Ms. Shobha Dikshit, Gopal Subramaniam and Ms. A. Subhashini
(NP) for the appearing parties.

Pramod Swarup for the Intervener and R.K. Mehta (NP) for the E
State of Orissa.

The Judgment of the Court was delivered by

RANGANATH MISRA, J. This is an interlocutory application at
the instance of the respondents in the writ petitions where the follow- F
ing directions of this Court have been asked for:

(i) grant time to State of Uttar Pradesh for implementing judg-
ment and order dated 25th September, 1987 and commence the
session for post-graduate education from 2nd May, 1990 in all the
seven medical coBeges; G

(ii) further permit the State of Uttar Pradesh to hold the com-
petitive examination for admitting the post-graduate students for
the year1990 through the University of Lucknow; and

(iii) pass such other and furher orders as it may deem fit and H
proper in the interest of justice.
138 SUPREME COURT REPORTS [1990] Supp. 1 S.C.R.

The main judgment of this Court was delivered on 22nd June,
A
1984, in Dr. Pradeep Jain etc. etc. v. Union of India & Ors., [1984] 3
SCR 942. By a subsequent order made on 21st July, 1986, this Court
directed that the total number of seats for admission to posi-graduate
courses in each medical college or institution on the basis of All India
Entrance Examination shall be limited to 25% and such examination
B would be held by the All India Institute of Medical Sciences at New
1
Delhi.

By order dated September 25, 1987, this Court made clear direc-
tions for the sake of bringing about uniformity in post-graduate medi-
•
cal teachig by requiring post-graduate courses to be structured on a
uniform basis; directing that diploma prevailing in Tamil Nadu may
c not be available for admission to a post-graduate degree course; and
ordering that provision in regard to super specialities like MD and
other higher degrees need not be court controlled. For doing so this
Court allowed a five year period upto 1992 inclusive. With a view to
bringing all the medical colleges and institutions subject to the scheme
D to one common discipline and for admissions beginning from 1993, the
Court indicated that there should be only one pattern, namely, the
three year· degree course without any housemanship. After having
done so the Court proceeded to fix uniform schedule for inviting appli-
cations for having the selection examination, declaration of the result,
· admission of students to the post graduate courses and commencement
E of the sessional teaching. The Court then desired that the discipline
regarding holding of the selection examination, admission and com-
mencement of courses should be effective from 1988. In the penulti-
mate paragraph of that order, it was said:

, . "All necessary directions for post graduate course are now
F ·complete. We direct the Union of India, the Medical
Council of India, the State Governments, Universities,
Medical Institutions and all other authorities that may be
involved in implementation of the scheme to give full effect
I . to the orders and directions made by this Court in the
'· · proper spirit so that the scheme may become operative as
G ; · directed. We make it clear that no application for any
modification of matters already covered by our order
henceforth shall ordinarily be entertained.

A copy of this order shall be communicated forthwith
to the Chief Secretary of every State and Union Territory
H '· for compliance. A copy of it be also sent to the Director
DINESH KUMAR v. MEDICAL COLLEGE [MISRA. J.] 139

Generals, All India Radio and Doordarshan for appro- A
priate publicity of the order in general interest."

We have ascertained from the Registry that the.re was due compliance
of the direction contained in the last paragraph of the order.

A matter from Bihar forming subject of Civil Appeal No. 3589 of B
1989 relating to admission in post graduate medical courses came be-
fore this Court. This Civil Appeal was disposed of by this Court on
15. 11.89 (AIR 1990 SC 749). Dealing with the lapses on the part of the
State of Bihar in the matter of compliance with the directions of 1987
which we have already referred to, this Court said:

"Obviously the relevant directions have not been followed
c
by the examining body for the current year. Similarly, the
State of Bihar did not follow the directions of this Court
while drawing up its prospectus. If the courses of study are
to commence from May 2, the last qualifying date could not
have been fixed as May 31, 1989. It has been reiterated D
before us that several States have not been following. the
directions. Instead of issuing notice to the States and Union
Territories for examining the correctness of the allegations
of delay and non-compliance of the directions, we have
thought it appropriate to indicate that every one including
the States, Union Territories and other authorities running E
Medical Colleges with Post~Graduate Courses are bound
by our order and must strictly follow the time schedule
indicated in paragraph 6 of the order. We have not pro-
ceeded against the defaulting authorities for violation of
this Court's order, hoping that there would be no recur-
rence of it but we would like to administer a warning to F
everyone that if it is brought to our notice at any time in
future that there has been violation, a serious view of such
default shall be taken. We hope and trust that everyone
cbncemed shall comply with the time-frame strictly and
there would be no lapse in this regard in future."
G
This application is grounded upon the default which this Court
has been anxiou~ to eliminate and apprehensive of non-compliance of
d!fect10ns wherem a senous threat of punishment had been held out.
Both the State of Uttar Pradesh and the seven medical colleges run by
It ar.e. bound to implement the scheme in the main judgment as
mod1f1ed from time to time and were covered by the orders of 1987 and H
140 SUPREME COURT REPORTS (1990) Supp. I S.C.R.

A 1989. We have read our order of 1987 again and find no scope for the
stand of the respondents in the present petition for the position that
there was scope for confusion relating to the directions in regard to
uniform pattern of the courses and the time scheduled for the various
aspects concerned with the selection examination, admission of
students into the Post Graduate and commencement of sessional
B teaching. These were two different matters and while in regard to
items referred to in the order of 1987 a clear five year period was
allowed to evolve the system of uniformity, time-frame for every
purpose like admission and teaching was intended to be brought into
force from the year 1988. Two distinct sets of directions were made-
one in regard to the requirement of change of the regulations and rules
C and the procedural aspects in operating the scheme, and the other for
regulating admission and commencement of teaching. We reject the
plea of the Uttar Pradesh Government and the other respondents that
there was scope for confusion and non-compliance with the directions
was relatable to a /Jona fide mistake. This is a clear instance of either
wilful default or total callous indifference to binding and lawful orders
D made by this Court. Where the direction is clear and arising out of
default of compliance, a further direction is made clarifying the posi-
tion and warning defaulting parties of serious consequences we find no
scope for any justification for continued default. More so when the
State Government and its officers obliged to give effect to our direc-
tions fail to take notice of the same and exhibit a conduct of non-
E cooperation and callousness.

lt was the obligation of the State of Uttar Pradesh in terms of the
two orders referred to above to initiate action for admission in
appropriate time so as to allow the commencement of the course for
the year 1990 with effect from May 2, 1990. lt is the respondents' stand
F that for the year 1990 the Entrance Examination for the remaining
seats (besides 25% controlled by the AJIMS) was to be conducted by
the University of Lucknow on 27th May, 1990. This itself was contrary
to the scheme and exhibited the san1e pattern of conduct as appeared
in the Bihar case referred to above. In fact on looking at the matter
from every possible angle we have not beep able to appreciate the
G submissions of Mrs. Dixit and are of the view that the performance of
the State ofU.P. and its public authorities is anything short of contu-
macy. At one stage we were thinking of initiating contempt action
against the State and the Principals of the seven medical colleges. Such
steps for disciplining the State and the public authorities concenred "'-.
would result in multiplicity of proceedings; therefore, instead of
H undertaking such an exercise we have thought it appropriate to impose
DINESH KUMAR "· MEDICAL COLLEGE [MISRA, J.] 141

exemplary costs against the State of Uttar Pradesh as also the principal A
·of each of the seven medical colleges. We direct that the State of U .P.
shall pay costs of Rs.20,000 (twenty thousand) while each of the
Principals shall pay Rs.500 (five hundred) by way of costs. So far as the
State of Uttar Pradesh is concerned it has of course to come from the·
public fund of the State. In regard to the principals of each of tile seven
medical colleges located at Lucknow, Agra, Kanpur, Jhansi, Meerut, B
Gorkhpur and Allahabad, the amount of costs sh;ill be recovered
personally from their salary and they would not be entitled to reim-
bursement of the same from the State exchequer. These payments be
made with the Registry of this Court by 30th of September, 1990. A
copy of this order shall be made available to each of the principals of
the seven medical colleges for compliance. c
The State of U.P. is directed to hold the Selection Examination
stipulated by it for May 27, 1990, by 30th of September, 1990 and the
University of Lucknow is authorised to conduct it. The result of the
examination should be published within one week, that is, by 8th of
October, 1990 and admissions should be completed on or before 26th D
of October, 1990, and classes shall commence on !st of November,
1990. The classes shall be deemed to have commenced from 2nd May,
1990, and each of the medical colleges shall undertake to provide
additional teaching in course of the session so as to compensate the
~tudents for the days lost on the basis that the course begun on 2nd
May, 1990. Each of the principals of the medical colleges shall certify E
to the Registry of this Court by 15th November, 1990, that this part of
order has been implemented.

Before we part with the case we would like to again administer a
warning to everyone associated with the scheme for implementing the
directions contained in the main judgment and the subsequent orders
that a future default by anyone in any part of the country shall indeed
be seriously viewed and drastically dealt with. This Court has stated in
the past and we would like now to reiterate that the directions of this
Court are not intended to be brushed aside and overlooked or ignored.
Meticulous compliance is the only way to respond to directions of this
Court. G

P.S.S. Application disposed of.