LORD BUDDHA EDUCATIONAL SOCIETY & ANR. Vs. UNION OF INDIA AND ANR.
LAWS(SC)-2014-9-196
SUPREME COURT OF INDIA
Decided on September 10,2014

Lord Buddha Educational Society And Anr. Appellant
VERSUS
Union Of India And Anr. Respondents

JUDGEMENT

- (1.)W.P.(C) No. 688 of 2014 Heard learned counsel for the petitioners, Medical Council of India (MCI) and Central Government.
(2.)From the record it appears that inspection of the petitioner's Institute was conducted on 3rd and 4th June, 2014. The MCI recommended for disapproval in respect of Scheme of the petitioner-institute to the Central Government. The Central Government by letter dated 20th June, 2014 issued notice under Sec. 10(A)(4)(1) of Indian Medical Council Act, 1956 granting herring to the petitioners. Pursuant to the same, the petitioners appeared and filed reply vide letter dated 27th June, 2014 and submitted that there is no deficiency. The petitioners relied on Assessor's report in support of the claim. On receipt of such reply, the Central Government by letter dated 1st July, 2014 asked the MCI for further scrutiny with regard to 43 institutes including the petitioners. The MCI giving reference to the decision of the Executive Committee dated 8th July, 2014 by letter dated 10th July, 2014 informed the Central Government that in view of the binding direction of this Court and advise of Solisitor General, it is not physically possible to undertake fresh inspection after 15th June, 2014.
(3.)According to learned counsel for the petitioners, they submitted that Scheme in Sept., 2013 and in spite of direction of this Court dated 22nd Jan., 2014, the matter was delayed by MCI to ensure that the Scheme is not approved within the period. Such submission is opposed by learned counsel for MCI. However, at this stage, we are not inclined to decide the aforesaid question but we are of the view that in the interest of justice it is desirable that the MCI should act as per Central Government's letter dated 1st July, 2014 and after taking in to consideration the reply submitted by the petitioners vide their letter and if required get necessary inspection and submit report to the Central Government with a copy to this Court within 10 days. Copy of the Report be also served on the other parties. The petitioners are directed to co-operate the inspection team and shall provide all such in-formations as required.


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