- (1.) Heard learned counsel for the parties.
(2.) The High Court has kept the matter pending before it, directed interim inspection to be made and to submit a report within seven days. It was also submitted before the High Court that the Medical Council of India (MCI) would inspect as per interim order. However, learned senior counsel appearing for the petitioner-MCI has stated that they have issued a show cause to the counsel for making such a statement before the Court. Be that as it may.
(3.) After hearing learned counsel for the parties, we are of the opinion that the High Court should have taken a call on a question whether further inspection was required or not, only after hearing the matter at the time of deciding the case finally and not before that. It was not appropriate to direct interim inspection and to submit the report to the High Court after inspection, as the report has to be considered by the concerned authority. If the High Court is of the opinion that there has to be a fresh inspection, it may order but not before final decision. We leave the question open to be agitated and decided at the time of final hearing. We have not commented on the merits of the case. The impugned order is not to be given effect. Let the matter be heard and decided finally as expeditiously as possible.;