K.T.Sankaran, J.
The petitioner secured Rank No.5637 in the general merit in the Kerala Engineering Agriculture Medical Entrance Examinations, 2014. The petitioner was allotted a seat for BDS course at Azeezia College of Dental Science and Research, Kollam, which is a Private Self Financing College. The petitioner joined in that college and she is continuing her studies there.
2. Some of the Private Self Financing Colleges approached the Supreme Court in W.P.(C) No.469 of 2014 in which the Supreme Court passed an interim order dated 18.9.2014, directing those managements to file undertakings to the Medical Council of India and to the Ministry of Health & Family Welfare, Government of India, New Delhi to the effect that there would be no defect in respect of the Medical Colleges run by them and also to the effect that if any of the statements made in the undertaking is found to be incorrect, the deposit made by them would be forfeited. The Supreme Court held thus :
“Notwithstanding any direction given in the case of Priya Gupta (supra), if undertakings as stated hereinabove are filed by the institutions managing medical colleges for the academic hear 2014-15, admissions shall be given to the students from the merit list prepared by the States and they shall be charged fees prescribed by the Government Medical Colleges of their respective States. The State Authorities, i.e., the Directorate of Medical Education & Research, of the respective States shall send students, in order of their merit, to the medical colleges run by the petitioners, which are situated within their States, within one week from the date of receipt of a copy of this order and the said students shall be admitted to the MBBS Course in accordance with the rules and regulations of the MCI and also regulations dated 16.04.2010 framed by the Medical Council of India, provided undertakings as mentioned above are filed on behalf of the concerned institutions.
It is also clarified that there would be no further counselling in respect of the students who are to be given admission, even if it might result into some heart burning among other students, but in the peculiar facts of the case, we give this direction.
In no case, the admission shall be given after 30th September, 2014. ... ”
3. After the Supreme Court passed the order dated 18.9.2014, the Government issued Exhibit P6 notification pursuant to G.O.(Rt.)No.3094/2014/H&FWD dated 19.9.2014 inviting fresh option from candidates included in the rank list for MBBS/BDS Course, 2014 except those who have been allotted to the Government/Government Controlled Self Financing/Private Self Financing Medical Colleges and Government Controlled Self Financing/Private Self Financing Dental Colleges through the website from 25.9.2014 to 5 P.M.
on 26.9.2014. It was also made clear in Exhibit P6 that the vacancies, if any, in Government Dental Colleges will be filled up by that allotment.
4. The grievance of the petitioner is that a candidate in the category of Backward Hindu (BH) with rank No.7862 had secured admission in the Government Dental College, Alappuzha, though she has placed much below the rank of the petitioner, namely, 5637.
5. The learned Government Pleader was directed to get instructions as to whether the candidate with rank No.7862 had opted only for Government Dental Colleges or whether she had also opted for Private Self Financing Colleges. The learned Government Pleader submitted that the candidate who secured rank No.7862 had opted only for Government Colleges while the petitioner had opted for Government Colleges as well as Private Self Financing Colleges. It is submitted that the petitioner having got allotment in the Private Self Financing College in the option exercised by her, she is not entitled to change that option and aspire for admission in Government Dental Colleges.
6. It is contended by the petitioner that persons like the petitioner should have been given opportunity for further option as per Exhibit P6 notification, so that meritorious candidate could get admission in Government Colleges and the situation of candidates having lesser qualification getting admission in Government Colleges could be avoided. The Writ Petition was filed on 6th November, 2014. The learned Government Pleader submitted that as directed by the Supreme Court, no further counselling was done. If the contentions raised by the petitioner were to be accepted, all the candidates who had applied for admission should be allowed to exercise further option which would result in utter chaos in the matter of admission to professional colleges. The Government had also issued orders restricting that candidates who had got admission in Private Self Financing Colleges would not be entitled to make further option. The petitioner having got admission in a Private Self Financing College and she having joined in that college, going by the Government Order in force, she cannot aspire for further option particularly in the colleges where option was allowed to be exercised only for two days with specific directions from the Supreme Court.
7. In the facts and circumstances mentioned above, the reliefs prayed for in the Writ Petition cannot be granted. One of the reliefs prayed for is to issue a writ of mandamus to the Commissioner for Entrance Examinations to issue orders for allotment to the petitioner for BDS in a Government Dental College. The cut off date for admission prescribed by the Supreme Court having been over even before the filing of the Writ Petition and in view of the specific directions issued by the Supreme Court in the order dated 18.9.2014 mentioned above, the petitioner is not entitled to the said reliefs prayed for in the Writ Petition.
The Writ Petition lacks merit and it is accordingly dismissed.
K.T.SANKARAN JUDGE csl P.D.RAJAN JUDGE