IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 20273 of 2008(L) -------------------------- PETITIONER: ------------ DR.SEIOS.J., AGED 26 YEARS, W/O.SALEEM.P.K., SALEEM MANZHIL, PALLISSERY KUZHIYIL HOUSE, ANAKKARA P.O., PALAKKAD DISTRICT. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM. 4. MEDICAL COUNCIL OF INDIA, POCKET 14, SECTOR 8, DWARAKA PHASE I, NEW DELHI-110007, REPRESENTED BY THE SECRETARY. BY SRI.I.V PRAMOD, GP. SRI. ALEXANDER THOMAS, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ============== W.P.(C).No. 20273 OF 2008 ==================== Dated this the 7th day of July, 2008. J U D G M E N T The petitioner is an aspirant for admission to Post Graduate Medical Courses in Kerala. According to the petitioner, the petitioner initially filed options for DMRT and then DCP courses in that order. Being informed that no seat is available for DMRT, the petitioner scored off DMRT and availed a seat in DCP in which she was admitted. Thereafter finding that one seat in DMRT course is vacant, the petitioner staked a claim for admission to that course. Having failed in her attempt, she has filed this writ petition seeking the following reliefs: i) Issue a writ in the nature of mandamus or any such other writ direction or orders commanding the respondents to allot to the petitioner the seat lying vacant in DMRT (Diploma in Radiotherapy) in the Thiruvananthapuram Medical College on the basis of Ext.P4 and admit the petitioner to DMRT (Diploma in Radiotherapy in the Thiruvananthapuram Medical College. ii) Decalre that the petitioner is eligible to be admitted to the DMRT course in the Thiruvananthapuram Medical College. iii) Issue a writ in the nature of mandamus or any such other writ, order or direction, commanding the respondents 1 to 3 to consider the claim of the petitioner for being allotted the vacant lying seat of DMRT in Thiruvananthapuram Medical College on the basis of W.P.(C).No. 20273 OF 2008 2 Ext.P4, within a time frame to be fixed by this Hon'ble Court. 2. Learned standing counsel appearing for the Medical Council submits that in view of the regulations applicable and the Supreme Court's decision in Mridhul Dhar (Minor) and Another v. Union of India and others (2005 (2) SCC 65), after the cut off date prescribed for completing admission for Post Graduate Courses in Medical Colleges, no kind of admission whatsoever either by higher option or by transfer or by change of subject can be made. 3. I have considered the rival contentions in detail. 4. In Ext.P3 itself, which is the prospectus issued by the Government for admission to Post Graduate Medical Courses this year, there is a specific condition to the following effect: “No allotment/transfer to PG Medical courses will be done under any circumstance after the last date of admission prescribed by the Government of India/Supreme Court.” 5. The contention of the petitioner is that this is not a transfer or a new allotment. According to her, this is only a change of allotment, which is not prohibited by the prospectus or the Medical Council regulations. W.P.(C).No. 20273 OF 2008 3 6. In Mridhul Dhar's case, Supreme Court had definitely laid down the time schedule for completion of admission process in Medical Courses, wherein 31st May of each year has been stipulated as the last date up to which students can be admitted due to any reason. Reading the above clause with the judgment of the Supreme Court there cannot be any doubt whatsoever that after the cut off date fixed for completing admission in any year, no kind of admission whatsoever can be made. For the present year, as per the Supreme Court decision on the subject, instead of May 31st the last date was fixed as 10.6.2008 for Kerala State, which is long over. That being so, the petitioner cannot seek allotment to DMRT course instead of DCP which in fact is a new allotment itself. In that view, I do not find any merit in the writ petition and accordingly the same is dismissed. S.SIRI JAGAN, JUDGE bkn/-