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SUPREME COURT OF INDIA
ANIL R. DAVE, ADARSH KUMAR GOEL, JJ.
Medical Council of India – Appellant
Vs.
Kalinga Institute of Medical Scinces (KIMS) & Ors. – Respondents
Civil Appeal No. 14686 of 2015 (Arising out of SLP(C) No. 34856/2015)
Decided on : 16-12-2015
Inspection - Directorate of Medical Education and Training (DMET), Odisha - The court directed that there shall not be any participation of DMET in the inspection process and extended the time for carrying out the inspection by four weeks. The appeal was disposed of as partly allowed and the impugned order was modified to the above extent.
Fact of the Case:
The court heard the submissions of the parties and granted leave. The appellant's counsel stated that only a batch of additional 50 students are not undergoing studies, and the inspection to be carried out is for the academic year 2016-2017. The respondents' counsel opposed the recording of any such statement.
Finding of the Court:
The court partly allowed the appeal and modified the impugned order to exclude the participation of DMET in the inspection process and extend the time for carrying out the inspection.
Issues:
Ratio Decidendi:
Final Decision: The appeal was disposed of as partly allowed and the impugned order was modified to exclude the participation of DMET in the inspection process and extend the time for carrying out the inspection.
JUDGMENT :
Anil R.Dave, J.
1. The respondents have instructions to appear on caveat.
2. Heard the learned counsel for the parties.
3. Leave granted.
4. At the time of hearing of this appeal, it has been submitted by Shri Kapil Sibbal, learned senior counsel that only a batch of additional 50 students are not undergoing studies.
5. It is directed that there shall not be any participation of Directorate of Medical Education and Training (DMET), Odisha, in the process of inspection. Time for carrying out inspection is extended by four weeks from today.
6. The learned senior counsel appearing for the appellant has submitted that according to him, the inspection which is to be carried out is for the academic year 2016-2017.
7. The learned senior counsel appearing for the respondents opposes the recording of any such statement.
8. In view of the above, the appeal is disposed of as partly allowed and the impugned order is modified to the above extent.
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