Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.6813-6814 OF 2015
(Arising out of SLP(C)Nos.16258-16259 of 2015)
MEDICAL COUNCIL OF INDIA ... APPELLANT(S)
VS.
AKASH EDUCATION & DEVELOPMENT TRUST
& ORS. ... RESPONDENT(S)
WITH
Civil Appeal No.6815/2015 @ SLP(C)No.14173/2015
J U D G M E N T
ANIL R. DAVE, J.
1. Leave granted.
2. We have heard the learned counsel appearing for the
JUDGMENT
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
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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.
..............J.
[ANIL R. DAVE]
..............J.
[ADARSH KUMAR GOEL]
New Delhi;
nd
2 September, 2015.
JUDGMENT
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