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2015 Supreme(SC) 889
SUPREME COURT OF INDIA
ANIL R. DAVE, ADARSH KUMAR GOEL, JJ.
MEDICAL COUNCIL OF INDIA – APPELLANT
VS.
AKASH EDUCATION & DEVELOPMENT TRUST & ORS. – RESPONDENT
CIVIL APPEAL NOS.6813-6814 OF 2015 Arising out of SLP(C)Nos.16258-16259 of 2015)WITH Civil Appeal No.6815/2015 @ SLP(C)No.14173/2015
Decided on : 02-09-2015
Headnote:Medical Education – High Court directing Medical Council of India to carry out inspection within a particular time – Such direction at a belated stage, contrary to provisions of the Medical Council of India Establishment of Medical College Regulations, 1999 – Further, such direction not justified in view of Priya Gupta v. State of Chhattisgarh, and Royal Medical Trust (Regd.) v. Union of India – Impugned judgment set aside – Appeal disposed of. (Para 4, 5)
(2012) 7 SCC 433; (2015) 9 Scale 68 – Relied upon
Judgment
Anil R. Dave, J.
1. Leave granted.
2. We have heard the learned counsel appearing for the parties and considered the facts of the case.
3. Upon perusal of the impugned judgment delivered by the High Court, we find that the High Court has given direction to the appellant-Medical Council of India to carry out inspection of the respondent-institution within a particular time.
4. In our opinion, such a direction could not have been given in view of the fact that the inspection at a belated stage is against the provisions of the Medical Council of India Establishment of Medical College Regulations, 1999. Moreover, in view of the law laid down by this Court in Priya Gupta Vs. State of Chhattisgarh & Ors. [(2012) 7 SCC 433] and Royal Medical Trust (Regd.) & Anr. Vs. Union of India & Anr. [(2015) 9 Scale 68] such a direction is not justifiable.
5. In the circumstances, we quash the direction and set aside the impugned judgment delivered by the High Court. The appeals stand disposed of as allowed with no order as to costs.
6. Pending application, if any, stands disposed of.
