Department of Ayush v. Acharya Gyan Ayurved College Talawali

Supreme Court of India · 09 Jan 2012
H. L. Dattu; Chandramauli Kr. Prasad
Civil Appeal No. 244 of 2012 @ Special Leave Petition (C) No. 23350 of 2011
administrative appeal_allowed

AI Summary

The Supreme Court set aside the High Court's direction requiring one week advance notice before inspection of an Ayurvedic college, emphasizing limited judicial interference in administrative inspection procedures.

Full Text
Translation output
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
ORDER

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 appellantcollege 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