STATE OF BIHAR Vs. DRSANJAY KUMAR SINHA

JUDGEMENT

(1.) - Special leave granted.

(2.) Challenge in this appeal is to the order dated 30th of March, 1989 made by the Ranchi Bench of the Patna High Court in a Writ Petition under Article 226 of the Constitution. The High Court was moved by a set of medical graduates who are respondents before us challenging the prospectus for admission into the post-graduate medical admission published by the Controller of Examination-cum-Additional Director, Health Services Department of Bihar for the year 1989 on the allegation that the prescription that a candidate for the purpose of getting admitted to the Post-Graduate Course must complete his or her house-job of 12 months on or before 31st May, 1989, was contrary to the directions of this Court in the case of Dr. Dinesh Kumar v. Motilal Nehru Medical College, Allahabad (1987) 4 SCC 459. The High Court found that the time-frame set by this Court in the reported order was not adhered to in the prospectus and, therefore, allowed the writ petition by mandamus directing the State and its officers not to permit any candidate to take the Post-Graduate Medical Test if he had not the requisite qualification of completing 12 months' house-job on 1st May, 1989. It further quashed the prospectus to the extent that the cut-off date of eligibility was fixed as 31-5-1989.

(3.) The State of Bihar and its Officers who were respondents in the High Court are in appeal and their main contention is that the All India Entrance Examination for Post-Graduate Medical Courses 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. It was further argued before us that several States have also not been complying with the time-frame indicated by this Court in the reported order and as such the scheme formulated by the Court is not being implemented properly. In view of such specific allegations, particularly against the examining body which has been entrusted with the work by this Court, notice was issued to the All India Institute of Medical Sciences and the Institute has entered appearance through counsel and has filed its affidavit.