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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

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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.

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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.