IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WA.No. 1334 of 2011() --------------------- (AGAINST THE JUDGEMENT IN WPC.24139/2011 Dated 06/09/2011) .................... APPELLANT/ PETITIONER ------------------------ REMYA RAJ.K.R, D/O. RAJAN PILLAI, AGED 27, KANAKKATH HOUSE, AROOR VILLAGE, AROOR.P.O, CHERTHALA TALUK, ALAPPUZHA DISTRICT - 688 534. BY ADV. DR.V.N.SANKARJEE RESPONDENT(S): RESPONDENTS -------------------------- 1. THE ADMISSION SUPERVISORY COMMITTEE, MANMOHAN PALACE, OLD HIGH COURT BUILDING, KOCHI -35, REPRESENTED BY ITS MEMBER SECRETARY. 2. KERALA PRIVATE MEDICAL COLLEGE MANAGEMENT ASSOCIATION, REPRESENTED BY ITS SECRETARY, INTERNATIONAL STUDENTS CENTRE, L.M.S COMPOUND, THIRUVANANTHAPURAM-695 033. 3. COMMISSIONER OF ENTRANCE EXAMINATION, OFFICE OF THE COMMISSIONER OF ENTRANCE EXAMINATION, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. WA.No. 1334 of 2011() *ADDL.R5. THE PRINCIPAL, MALABAR MEDICAL COLLEGE, MUDAKKALLOOR P.O, KOZHIKODE -673 321. *ADDL.R6 V. ANILKUMAR, CHAIRMAN, SREE ANJANEYA MEDICAL TRUST, 4TH FLOOR, KANCHAS COMPLEX, OPP. INDOOR STADIUM, KOZHIKODE -673 004. (*ADDITIONAL RESPONDENTS 5 AND 6 ARE IMPLEADED IN THE PARTY ARRAY AS PER ORDER DATED 10.10.2011 IN I.A.NO.717 OF 2011 ) **ADDL.R7 TO R16: R7. THE PRINCIAPL KANNUR MEDICAL COLLEG, ANCHARAKANDY, MAMBA P.O. KANNUR - 670 611. R8. THE PRINCIPAL, K.M.C.T. MEDICAL COLLEGE, MUKKOM, KOZHIKODE. R9. THE PRINCIPAL, M.E.S. MEDICAL COLLEGE, PERINTHALMANNA, MALAPPURAM. R10. THE PRINCIPAL, SREE NARAYANA INSTITUTE OF MEDICAL SCIENCES, CHALAKKA, NORTH KUTHIYATHODE P.O., ERNAKULAM R11. THE PRINCIPAL, AZEEZIA INSTITUTE OF MEDICAL SCIENCES & RESEARCH, MEEYYANNOOR P.O., KOLLAM - 691 537. R12. THE PRINCIPAL, SREE GOKULAM MEDICAL COLLEGE AND RESEARCH FOUNDATION , VENJARAMOODU, THIRUVANATHAPURAM R13. THE PRINCIPAL, DR. SOMERVELL MEMORIAL C.S.I. MEDICAL COLLEGE, KARAKONAM, THIRUVANANTHAPURAM R14. THE PRINCIPAL, SRI KANCHI KAMAKODI PEETAM CHARITABLE TRUST SUT ACADEMY OF MEDICAL SCIENCES, VATTAPPARA. THIRUVANANTHAPURAM - 695 028 R15. THE PRINCIPAL TRAVANCORE MEDICAL COLLEGE, MYLAPORE, UMAYANALLOOR P.O., KOLLAM 691 589 R16. THE PRINCIPAL, KARUNA MEDICAL COLLEGE, KARUNA MEDICAL INSTITUTE OF MEDICAL SCIENCES CAMPUS, VILAYODI, CHITTUR, PALAKKAD 678103. (**ADDL.RESPONDENTS 7 TO 16 ARE IMPLEADED IN THE PARTY ARRAY AS PER ORDER DATED 28.11.2011 IN I.A.NO.778 OF 2011. ) WA.No. 1334 of 2011() R2 BY ADV. MR. .A.MOHAMED MUSTAQUE AND BY ADV. SRI.K.R.AVINASH (KUNNATH) R3 AND R4 BY SR. GOVERNMENT PLEADER ADV. SMT. K. MEERAADV. R13 BY ADV. SRI.R.T.PRADEEP BY ADV. SRI.SREEKANTH S.NAIR R12 AND R15 BY ADV. SRI.M.SREEKUMAR BY ADV. SRI.A.ABDUL KHARIM THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MANJULA CHELLUR, Ag. CJ & P.R. RAMACHANDRA MENON, J. .............................................................................. W.A.No. 1334 OF 2011 ......................................................................... Dated this the 28th November, 2011 J U D G M E N T MANJULA CHELLUR, Ag. CJ. Heard the learned Counsel for the appellant and also the learned Counsel for the respondents. 2. It is not in dispute that the appellant herein secured rank No.221 in the Management Quota in the Common Entrance Examination conducted by the second respondent. The allotment process was completed by 28.08.2011. According to the appellant, she could not register her option before the expiry of the last date of completing the process on account of bereavement in the family, i.e. the death of her father. 3. As on today, the entire process is completed by 31.08.2011 and in the light of the decision of the Apex Court in Mridul Dhar and another vs. Union of India and others W.A.No. 1334 OF 2011 2 [(2005) 2 SCC 65 ), there cannot be any admission to the Medical Colleges beyond 30th September of the Academic year. In that view of the matter, we are of the opinion that even if the second respondent were to say that certain seats are unfilled, as there cannot be any admission beyond September, 2011, no relief can be given to the appellant. In that view of the matter, the appeal is dismissed. MANJULA CHELLUR, ACTING CHIEF JUSTICE. P.R. RAMACHANDRA MENON, JUDGE. lk