DNA EXCLUSIVE: Allahabad High Court judge who changed order under SC scanner

On Thursday, the bench of Chief Justice of India (CJI) Dipak Misra, along with Justices AM Khanwilkar and DY Chandrachud, took serious note of the action of a Division Bench of the Allahabad High Court (AHC) that went out of its way to give relief to a medical college that was debarred by the Medical Council of India (MCI).

It now transpires that the SC is already seized of the issue of initiating action against one of the judges who constituted the bench – Justice Shri Narayan Shukla. Sources told DNA that the CJI, who has already received "relevant information" about the conduct of the judge from "reliable sources", including government agencies, is likely to order an in-house inquiry against the judge.

"Prima facie, it seems to be a case of judicial misconduct. Since it is a matter concerning a sitting judge of the AHC, the only course of action is to constitute an in-house inquiry. In fact, the order may already have been issued," said a source.

If found guilty, the judge may be recommended for impeachment by the CJI, something that happened in the case of former Calcutta HC judge Soumitra Sen.

Apart from the fact that the bench headed by him went out its way to give relief to at least two medical colleges, which had been debarred by the Centre on the recommendation of the MCI, from admitting students for two years (2017-18 and 2018-19), Justice Shukla had also made unilateral changes to an order passed by his bench.So much so that he made the changes in his own handwriting.

Incidentally, the entire issue also pertains to the medical colleges' scam, for fixing whose cases the CBI had last month arrested several people, including former Odisha High Court Judge IM Quddusi, for conspiring to buy relief from judicial fora, including the top court.

The case had rocked the apex court, with senior lawyers even dragging the name of CJI Misra in it. Last week, the Enforcement Directorate (ED) had also registered a case of money-laundering against Justice Quddusi and other middlemen.

According to information, what has caught attention is the fact that, as a source observed, there are "too many coincidences" around the case.

Here are some facts: On September 1, the bench headed by Justice Shukla, which also had Justice Virendra Kumar-II, in its detailed order in the case of GCRG Memorial Trust quashed the orders of the MCI and the Health Ministry. It also asked the respondents to "make available students willing to take admission in petitioner college" within the prescribed time-frame.

However, the court order didn't help the Trust since the last date for admission had been fixed for August 31 by the Supreme Court.

This is where the case takes a curious turn. Four days after passing the order, in complete violation of the August 28 order of the Supreme Court, the HC extended the date of admission to September 5, thereby allowing the Trust to continue admitting students.

In its judgment in the case passed on Thursday, the bench of CJI Misra also took note of this, observing that the HC had "...for some unfathomable and inscrutable reason, referred to certain judgments of this Court and allowed the prayer".

"It is beyond our comprehension as to how the High Court could have even remotely thought of passing an order granting the Letter of Permission for the Academic Session 2016-2017 and renewal for 2017-2018," the Supreme Court judgment notes.

It also notes that the HC bench had rejected the prayer of the Union of India and the MCI to be granted time to file written counter-affidavits. "The same was denied and the contesting parties were deprived of the opportunity to contest," the judgment of the Supreme Court notes.