----------------------- The petitioner sought admission in P.G. Super Speciality in M.Ch Cardiothoracic surgery and joined at Govt. Medical College, Kottayam. Thereafter based on subsequent counselling held on 27.9.2014, the petitioner was allotted a seat in M.ch.Neuro Surgey at Govt.T.D.Medical College, Alappuzha. The petitioner has paid necessary fees and joined the above college. However based on the judgment of this Court in W.A.No.1370 of 2014, the counselling held on 27.9.2014 was redone. This is on account of the fact that the Division Bench of this Court sustained the challenge regarding the prospectus prescribing 50% quota for the Kerala origin students. Therefore, based on the challenge, the counselling was redone on 27.9.2014. On account of redoing a counselling, the petitioner has lost his admission in M.Ch Neurosurgery. The counselling was held on 30.9.2014 based on the direction of this Court, the petitioner opted for M.Ch Neurosurgery. There were other candidates who are W.P.(C).No.29501 of 2014
2
having higher rank than the petitioner. Therefore the petitioner could not get admission in M.Ch Neurosurgery. The petitioner understood that there were seats in M.Ch Cardiothoracic Surgery even the seat which became vacant on account of the petitioner opting for M.Ch Neruosurgery is also remained unfilled. Therefore, the petitioner approached the 2nd respondent with Ext.P1 for allotment of the seats in M.Ch. Cardiothoracic surgery. It is on account of the non-consideration of the above, the petitioner has approached this Court.
2. A statement has been filed by the 2nd respondent in this matter. It is submitted that the petitioner did not opt for M.Ch Cardiothoracic surgery during the counselling held on 30.9.2014. The petitioner has only opted for M.Ch.Neuro Surgery. Therefore, the petitioner’s request cannot be considered.
3. It is admitted that seats in M.Ch Cardiothoracic surgery is vacant. The petitioner had an opportunity to exercise option for M.Ch Cardiothoracic surgery during the counselling held on 30.9.2014. However, the petitioner did not opt for the M.Ch W.P.(C).No.29501 of 2014
3
Cardiothoracic surgery. Therefore, there is nothing wrong with the respondents in not allotting any seats to the petitioner. Any seats that is vacant in super speciality is a loss for the nation. However it has to be noted this Court has no power under Article 226 of the Constitution of India to extend deadline for admission as 30.9.2014 was the last date for admission. Going by the rank obtained by the petitioner, he would have been entitled for seat in M.Ch.Cardiothoracic surgery, but the fact remains that authorities cannot extent the dead line for the admission which fell on 30.9.2014. There is no arbitrariness on the part of the authorities in declining the petitioner’s request. This Court cannot invoke power under 226 of the Constitution of India to the aid of the petitioner by extending deadline for admission. Therefore, declining jurisdiction, to interfere with this matter, this writ petition is disposed of as above. No costs A.MUHAMED MUSTAQUE, JUDGE jm/