HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL No. - 303 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J. Heard Sri Chandra Shekhar Singh, learned for the opposite party- petitioner as also Sri Anand Dwivedi, learned counsel for opposite party No. 1, Sri Gyanendra Kumar Srivastava, learned counsel for opposite party No. 2 and Sri Akhilkesh Kumar Srivastava, learned counsel for opposite party No. 5. The order passed by the learned Single Judge is beyond scope of the writ petition, as there was no such relief claimed for any inquiry into the affairs of the College, specially its accounts. This of course does not mean that if any authority, who may have the jurisdiction to undertake such inspection or inquiry on its own, cannot do so, specially keeping in mind the earlier report, if any submitted in this regard, as claimed by counsel for the private opposite party-petitioner in pursuance to some directions by the National Medical Council, however, so far as the writ petition out of which this appeal arises, the same needs to be decided finally, strictly within parameters of scope of the said writ petition, and not beyond it. We accordingly set aside the direction contained in the impugned order dated 28.08.2025 for constituting a Committee and the inquiry which it requires to be conducted, specially as while constituting such committee Versus Counsel for Appellant(s) : Mudit Agarwal, Mrityunjay Pratap Singh Counsel for Respondent(s) : A.S.G.I., Akhilesh Kumar Srivastava, C.S.C., Gyanendra Kumar Srivastava, Shobhit Singh Dr. Kns Memorial Institute Of Medical Sciences Lko Thru. Registrar Ranjit Kumar Singh .....Appellant(s) Union Of India Thru. Secy. Ministry Of Health And Family Welfare New Delhi And 5 Others .....Respondent(s) for inquiry, no reasons have been mentioned which may have persuaded the writ court to do so, except a casual reference to violation of Article 14 of the Constitution of India, nor the submissions of the petitioner have been taken into consideration However, the writ court is at liberty to look into the relevant Regulations as to what are the pre-conditions which should be satisfied by a student pursuing the MBBS course, that too, since 2012-13, to appear in the 3rd year examination and whether the said conditions are satisfied in the case of the respondent-petitioner or not ? In this context it can also consider as to whether others who did not satisfy such condition, were allowed to appear in the said examination, if so, under what circumstances? But, in doing so it will have to keep in mind that two wrongs do not make a right. With the above observations/directions this appeal is allowed. However, our order shall not be understood as nullifying any report or recommendation which may have been submitted by any Authority or the National Medical Council against the petitioner, and if there is any such report and any action is required to be taken against the petitioner as per law, our order shall not come in the way, especially as the directions dated 05.12.2023 issued by the National Medical Counsel have not been challenged by the petitioner. September 9, 2025 A.Nigam SPLA No. 303 of 2025 2 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench