Medical Council of India vs Akash Education and Development Trust and Others

Anil R. Dave, J—Leave granted.

We have heard the learned Counsel appearing for the parties and considered the facts of the case.

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.

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 Chhatishgarh and Others, AIR 2012 SC 2413 : (2012) 5 SCALE 328 : (2012) 7 SCC 433 : (2012) AIRSCW 3354 and Royal Medical Trust (Regd.) and Others Vs. Union of India and Others such a direction is not justifiable.

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.

Pending application, if any, stands disposed of.