IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 30146 of 2010 ( P) -------------------------- PETITIONERS: --------------------- 1. FATHIMA, AGED 19 YEARS, D/O.ABDUL SALAM, KANJIRATHINKAL HOUSE, THAIKKATTUKARA PO, DARUL SALAM JUNCTION, ALUVA-6. 2. SHAMEENA, AGED 19 YEARS, D/O.MOHAMMED KUNJU, VEERALIMUKKIL PADEETTATHIL, PORUVAZHY, AMBALATHUMBHAGOM PO, SASTHAMCOTTA, KOTTAYAM DISTRICT. BY ADV. SRI.SIVAN MADATHIL RESPONDENTS: ----------------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA KENDRA-2,COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301, REP.BY ITS SECRETARY. 2. DIRECTOR GENERAL OF HEALTH SERVICE, MINISTRY OF HEALTH & FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI-110 001. 3. THE SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, GOVERNMENT OF INDIA, NEW DELHI-110 001. 4. THE MEDICAL COUNCIL OF INDIA, NEW DELHI, REP. BY ITS SECRETARY – 110001. R1 BY SRI.DEVAN RAMACHANDRA, SC , CBSC. R3 BY ASSISTANT SOLICITOR GENERAL OF INDIA, SRI.T.P.M.IBRAHIM KHAN R4 BY SRI.ALEXANDER THOMAS , SC. MCI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 30146 of 2010 P ``````````````````````````````````````````````````````` Dated this the 30th day of September, 2010 J U D G M E N T Petitioners appeared in the All India Pre- Medical/Dental Entrance Examination, 2010. They were included in the ranked list also. According to the petitioners, even after the second round of counselling, there are seats vacant in the All India Quota and, therefore, they should be considered for allotment to those seats. 2. In my view, the prayer sought is impermissible in view of the time schedule prescribed by the Apex Court in its judgment in Mridul Dhar (Minor) and Others Vs. Union of India and Others [2005 92) SCC 65]. In terms of the said judgment, the second round of counselling is to be over by 08-08-2010 and the students are to join within fifteen days. Going by the said schedule, even if there are vacancies after the second round of counselling, the seats will stand reverted to the respective State quota and no further allotment is WPC.30146/10 : 2 : permissible. This Court is bound by the directions of the Apex Court and, therefore, the prayer sought for in the writ petition cannot be granted. True, the counsel for the petitioner has a contention that the schedule prescribed by the Apex Court is not complied with. In my view, if it is so, it is a matter for the aggrieved to approach the Apex Court and seek appropriate reliefs. The writ petition is accordingly dismissed. (ANTONY DOMINIC, JUDGE) aks