The petitioner has approached this Court based on Ext.P9 notification for allotment of seats in MBBS and BDS courses. According to the petitioner, she is entitled for exercise option. However, in the website the exercise of option is not permitted as she has already been allotted a seat. As per Ext.P9 notification she is entitled to exercise option and also by respective prospectus. The learned Government Pleader submits that the petitioner is not entitled to such option after the allotment made under special clause 2.1.1(b) of the prospectus, which reads as follows:
“2.1.1(b). The availability of Government seats in Self-financing Colleges run by institutions under Govt. control and other Private Self-financing colleges will be notified separately. Those candidates who seek admission in Private Self-financing colleges are bound to accept the conditions stipulated in the agreement between Government and Self-
WP(C).No.26256/2014-F.
2 financing College Management(s) and deemed to have accepted such conditions.”
2. The learned Government Pleader relied on the conditions stipulated in the Government Order dated 17.7.2014 wherein it is stated as follows:
“4. The Commissioner for Entrance Examinations shall make a maximum of three allotments only. The Commissioner for Entrance Examinations will assign only such students for admission to a College who are allotted to that College. The CEE shall furnish the final allotment list of the students to be admitted to the Member Colleges on or before the 20th day of September, 2014. The CEE will not re-allot students already allotted to a College and admitted in the College either by the CEE or the Member Colleges, after this final allotment.”
3. It is also pointed out by the learned Government Pleader a decision of this Court reported in Hanna Thasnim K.V. v. State of Kerala (2014(2) ILR 388). I am of the view that once an allotment in the BDS course is over no further allotment is possible for the Commissioner for Entrance Examination to allot any seat to a vacant seat on account of exercise of option made by the petitioner. As per WP(C).No.26256/2014-F.
3 Ext.P9 notification the petitioner has already alloted a seat based on the rank list in respect of the course which she had opted. In view of the above, I do not find any merit in this writ petition, it is accordingly dismissed.
Sd/-
A.MUHAMED MUSTAQUE, (Judge) Kvs/-
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