Medical Council Of India vs Akash Education & Development Trust

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

Signature Not Verifiedparticular time. Digitally signed by Sarita Purohit Date: 2015.09.09 17:27:27 IST Reason: 4. In our opinion, such a direction could not have been

given in view of the fact that the inspection at a belated

1 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.

2 ITEM NO.5 COURT NO.3 SECTION IVA

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).16258-16259/2015

(Arising out of impugned final judgment and order dated 12/05/2015 in WP No.15518 & 15519 of 2015 passed by the High Court of Karnataka At Bangalore)

MEDICAL COUNCIL OF INDIA Petitioner(s)

VERSUS

AKASH EDUCATION & DEVELOPMENT TRUST AND ORS Respondent(s) (With appln.(s) for exemption from filing c/c of the impugned judgment and interim relief and office report)

WITH SLP(C)No.14173/2015 (With Interim Relief and Office Report)

Date : 02/09/2015 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

For Petitioner(s) Mr. Vikas Singh,Sr.Adv.

Mr. Gaurav Sharma,Adv.

Mr. Prateek Bhatia,Adv.

For Respondent(s) Mr. Ranjit Kumar,SG Ms. Rekha Pandey,Adv.

Mr. Ajay Sharma,Adv.

Mr. Ajay Kumar Singh,Adv. Mr. R.S. Nagar,Adv.

Mr. Ashwin Vaish,Adv.

Mr. Vinod Pandey,Adv.

For Mr. Nitin Kumar Thakur,Adv.

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeals are disposed of as allowed with no order as to costs in terms of the signed Non-reportable judgment

3 Pending application, if any, stands disposed of.

(Sarita Purohit) (Mala Kumari Sharma) Court Master Court Master

(Signed Non-reportable judgment is placed on the file)

4