IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21333 of 2008(M)
1. DR. VIMAL.V.V, VIPASANA,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY ITS
... Respondent
2. THE DIRECTOR OF MEDICAL EDUCATION,
3. THE COMMISIONER FOR ENTRANCE
For Petitioner :SRI.PIRAPPANCODE V.S.SUDHIR
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :15/07/2008
O R D E R
S.SIRI JAGAN, J
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W.P.(C).No. 21333 OF 2008
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Dated this the 15th day of July, 2008.
J U D G M E N T
The petitioner is an applicant for admission to the Post
Graduate Medical Courses in Kerala for the year 2008. Petitioner
obtained admission to the course, Diploma in Anaesthesia.
Petitioner’s higher option was M.D. Anaesthesia. The petitioner’s
contention now is that since a seat has become vacant in M.D.
Anaesthesia on account of an admitted student having left the
course, the petitioner may be admitted to that vacant seat.
2. Learned Government Pleader opposes the prayer.
According to him, it is settled law that no admission can be made
after the last date prescribed for admission is over. According to
him, the last date fixed for Post Graduate Medical Admission in
Kerala this year as fixed by the Supreme Court was 10.06.2008
and at this point of time no further admission even to a vacancy
which has arisen can be made.
3. I find that in Ext.P5 prospectus itself it is specifically
stated that no allotment/transfer to PG Medical courses will be
W.P.(C).No. 21333 OF 2008 2
done under any circumstance after the last date of admission
prescribed by the Government of India/Supreme Court. Supreme
Court has also categorically prohibited admissions of any kind
after the last date is over. In accordance with the Supreme Court
judgment on the subject, a specific regulation has also been
included by the Medical Council of India to that effect. That being
so, the petitioner cannot now aspire for admission to the vacant
seat even if the petitioner is eligible. I, therefore, do not think
that I can give the reliefs sought for in this writ petition and
accordingly the writ petition is dismissed.
S.SIRI JAGAN, JUDGE
bkn/-