IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 244  OF 2012 (@ SPECIAL LEAVE PETITION(C)NO.23350 OF 2011)

DEPARTMENT OF AYUSH & ORS. ... APPELLANTS

VERSUS

ACHARYA GYAN AYURVED COLLEGE TALAWALI ... RESPONDENT

O R D E R

1. Leave granted. 2. This appeal is directed against the judgment and order of  

the High Court of Delhi at New Delhi dated 20.12.2010 in LPA No.899  

of 2010.

3. While disposing of the appeal, the Division Bench of the  

Delhi High Court has observed as under :

“The inspecting team, shall intimate the appellant- college the date of inspection one week in advance so  that they will be in readiness to demonstrate that  the college is ready from all aspects.  The report  shall be forwarded within two weeks from the date of  inspection.”

4. We  have  heard  learned  counsel  for  the  parties.  In  our  

considered view, in the facts and circumstances that was decided by  

the High Court, the aforesaid  observation was wholly unnecessary in

: 2 :

the  facts  and  circumstances  of  the  case.   In  that  view  of  the  

matter,  while  allowing  this  appeal  partly,  we  set  aside  the  

aforesaid direction issued by the High Court.

Ordered accordingly.

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

NEW DELHI; JANUARY 09, 2012