IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 RP.No. 1018 of 2007(G) ---------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.25897/2007 Dated 26/09/2007 .................... REVIEW PETITIONERS/RESPONDENTS 1 & 2 IN WP(C): ----------------------------------------------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HEALTH, NEW DELHI. 2. THE DIRECTOR GENERAL OF HEALTH SERVICES, MEDICAL EXAMINATION CELL, NIRMAN BHAVAN, NEW DELHI BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR RESPONDENTS/ PETITIONER & RESPONDENTS 3 TO 5: --------------------------------------------------------------- 1. RASHMA MOHAMMED P., D/O. P.A. MOHAMMED KUNJU (MINOR)- (NOT COMPLETED 18 YEARS), MYTHRI GARDENS, P.T. CHACKO NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - REP. BY HER FATHER AND NATURAL GUARDIAN, DR.P.A. MOHAMMED KUNJU. 2. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH SERVICES, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF ENTRANCE EXAMINATIONS, THIRUVANANTHAPURAM. 4. THE PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA GOVT.PLEADER SRI.I.V.PRAMOD THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ANTONY DOMINIC, J. =============== R.P.No.1018 OF 2007 IN W.P.(C) NO. 25897 OF 2007 ==================== Dated this the 10th day of March, 2008 O R D E R This writ petition was disposed of by judgment dated 26th September, 2007 with a direction to respondents 2 and 4 in the writ petition to examine whether vacancy which arose on 27/7/07 on account of discontinuance of Sri.Cijin P.Jose was included in the second round of counselling and whether that seat in the All India quota was allotted to Smt.Poornima Nair. It was directed that if that was allowed, petitioner will also be entitled to similar relief. 2. Subsequently, this review petition was filed by respondents 1 and 2 in the writ petition. In paragraph 4 of the review petition, it has been averred that there is a factual error in the judgment. According to the respondents, it was not the vacancy of a student discontinuing, which was reallotted to Smt.Poornima Nair. According to them, the vacancy arose on account of the higher option exercised by a candidate by name RP 1018/07 :2 : Sri.Anthony Roy. C and that the said vacancy was reallotted to Smt.Poornima Nair on 27/7/2007. According to them, this procedure has been approved by the Supreme Court and the reallocation of seats is done at the site of counselling by the Counselling Committee. It is also contended that the vacancy which arose after 17/7/2007 following discontinuance of course has already been reverted to state quota. 3. A reading of the judgment shows that this court while rendering the judgment proceeded on the basis that the vacancy that was allotted to Smt.Poornima Nair was one arose on account of discontinuance of course by Sri.Cijin P.Jose, which is now proved to be incorrect. If that be so, the basis on which the direction to give the petitioner similar relief is incorrect. 4. Accordingly, the judgment is modified and the direction in Paragraph 7 of the judgment to grant the petitioner relief similar to what is granted to Smt.Poornima Nair will stand vacated. Review petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp