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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

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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.

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