MEDICAL COUNCIL OF INDIA Vs. AL MILLAT FOUNDATION TRUST AND ORS.

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

Appeal (Civil), 6812 of 2015, Judgment Date: Sep 02, 2015

                                                              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.

2.     Being  aggrieved  by  the  order   dated   28th   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  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' application for grant of  permission
had been received on  13th  June,  2014,  which  was  much  after  the  date
provided in the schedule prescribed in the case of Priya Gupta Vs. State  of
Chhattisgarh & Ors. [(2012) 7 SCC 433] and Mridul Dhar & Anr. Vs.  Union  of
India & Ors. [(2005) 2 SCC 65].  In view of the said fact, by virtue of  the
order dated 11.07.2014 permission was rejected by the appellant.

6.    The learned counsel  has  submitted  that  the  action  taken  by  the
appellant was consistent with the  policy  and  regulations  framed  by  the
Council and therefore, the said order ought not to have been quashed.

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.





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;
2nd September, 2015.