MEDICAL COUNCIL OF INDIA vs. AL MILLAT FOUNDATION TRUST .

Case Type: Civil Appeal

Date of Judgment: 02-09-2015

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Full Judgment Text

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION CIVIL APPEAL NO.6812 OF 2015 (Arising out of SLP(C)NO.14880 of 2015) MEDICAL COUNCIL OF INDIA ... APPELLANT(S) VS. AL MILLAT FOUNDATION TRUST & ORS. ... RESPONDENT(S) J U D G M E N T ANIL R. DAVE, J. 1. Leave granted. JUDGMENT th 2. Being aggrieved by the order dated 28 April, 2015, in W.P.(C)No.7207/2014 passed by the High Court of Judicature at Allahabad, Lucknow Bench at Lucknow, the appellant has approached this Court. 3. We have heard the learned counsel and have perused the impugned order as well as the relevant record. 4. We find that the respondents had been aggrieved by an order dated 11.07.2014 passed by the appellant-Council and Page 1 therefore, the said order was challenged before the High Court. The High Court has quashed the said order by virtue of the impugned order. 5. It has been submitted by the learned counsel appearing for the appellant-Council that the respondents'
had been r<br>the date p
application for grant of permission h<br>13th June, 2014, which was much after t<br>the schedule prescribed in the case<br>State of Chhattisgarh & Ors. [(2012) 7<br>Dhar & Anr. Vs. Union of India & Ors.<br>In view of the said fact, by virtue<br>11.07.2014 permission was rejected by th<br>6. The learned counsel has submitt<br>taken by the appellant was consistent<br>regulations framed by the Council andh<br>t
order ought not to have been quashed. JUDGMENT 7. Upon hearing the learned counsel for the respondents and looking at the provisions of the Medical Council of India Establishment of Medical College Regulations, 1999, as well as the judgments referred to hereinabove, in our opinion it was not proper on the part of the High Court to quash the just and legal order dated 11.07.2014 passed by the appellant. Page 2 8. The appeal is allowed and the impugned order and the directions given therein are set aside with no order as to costs. ..............J. [ANIL R. DAVE] ..............J. [ADARSH KUMAR GOEL] New Delhi; nd 2 September, 2015. JUDGMENT Page 3