MEDICAL COUNCIL OF INDIA Vs. AKASH EDUCATION & DEVELOPMENT TRUST AND ORS

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 6814 of 2015, Judgment Date: Sep 02, 2015

                                                              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  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.




                                                            ..............J.
                                                              [ANIL R. DAVE]



                                                            ..............J.
                                                         [ADARSH KUMAR GOEL]
New Delhi;
2nd September, 2015.