Arun Tandon, J.
1. Heard Sri R.J. Singh, learned Counsel for the petitioner, Sri Anurag Khanna, learned Counsel for the respondent No. 1, Sri M.P. Singh, learned Counsel for the respondent No. 4, and Sri Piyush Shukla, learned Standing Counsel for the respondent Nos. 2 and 3. Nobody is present on behalf of the respondent No. 5.
2. The petitioner, Kumari Hina Negi, was one of the candidate in the entrance examinations conducted for admission to M.B.B.S. Degree Course by Chaudhari Charan Singh University, Meerut, U.P. for the year 2004-2005 with Roll No. 2006455. The said entrance examination is commonly known as 'Combined Medical Test (C.P.M.T.)-2004', The petitioner claims to be a candidate covered by the category of dependent of freedom fighter quota for the State of Uttranchal. The result of the said entrance examination, which was conducted in the month of May, 2004 was declared on 12th June, 2004. The petitioner's name was admittedly at Serial No. 2 of the merit list prepared in respect of the candidates covered by the category of dependent of freedom fighters (Uttaranchal). Respondent No. 5, namely, Anand Samar Singh was impaneled at Serial No. 1 in the aforesaid select list. Since the respondent No. 5 was impaneled at Serial No. 1 of the select list, he was allotted and was admitted as a student of M.B.B.S. Course for the year 2004-05 in Moti Lal Nehru Medical College, Allahabad. It is further alleged that the domicile certificate, which was obtained by the respondent No. 5 was subsequently found to be incorrect and based on false facts. The said domicile certificate of the respondent No. 5 was cancelled on 26th August, 2004. According to the petitioner, in view of the cancellation of the admission of the respondent No. 5, the petitioner became entitled to be admitted against the said vacancy of freedom fighter quota for the State of Uttranchal and accordingly an application was filed by the petitioner through her father for the purpose of admission to said M.B.B.S. Course for the year 2004-05 before the Director General of Medical Education and Training, Jawahar Bhawan, Lucknow, respondent No. 2 on 28th August, 2004. Since the application of the petitioner was no considered, the petitioner has approached this Court by means of the present writ petition.
3. Counter and rejoinder affidavit have been exchanged. I have heard learned Counsel for the parties and have gone through the records.
4. From the records of the present writ petition it is established beyond doubt that respondent No. 5 obtained admission in M.B.B.S. Course for the year 2004-05 on the basis of forged domicile certificate claiming himself to be dependent of freedom fighter of the State of Uttaranchal, subsequently the said domicile certificate has been cancelled.
5. From the counter-affidavit filed on behalf of the Principal, Moti Lal Nehru Medical College, Allahabad, respondent No. 4, it is an undisputed fact that Sri Anand Samar Singh, respondent No. 5 himself moved an application for his name being struck of from the rolls of the Medical College. On 29th October, 2004 the Director General of Medical Education and Training, Jawahar Bhawan, Lucknow, respondent No. 2 after obtaining knowledge of the cencellation of the domicile certificate of respondent No. 5, Anand Samar Singh forwarded a letter to the Principal, Moti Lal Nehru Medical College, Allahabad, respondent No. 4 for taking appropriate action, including the cancellation of the admission granted to respondent No. 5, Anand Samar Singh, accordingly. The Principal of the college by means of the order dated 27th October, 2004 cancelled the admission of Anand Samar Singh, respondent No. 5. The said order had become final and has not been challenged by Anand Samar Singh, respondent No.5 before any Court of Law.
Thus, a seat became available within the quota of dependent of freedom fighter of the State of Uttaranchal for admission to the M.B.B.S. Course for the year 2004-05 in Moti Lal Nehru Degree College, Allahabad, on 27th October, 2004 i.e. subsequent to the cancellation of the admission of respondent No. 5. It is against the aforesaid vacant seat that the petitioner claims admission on the ground that her name was included at Serial No. 2 of the merit list prepared in respect of the said category which in the changed circumstances as aforesaid be treated at Serial No. 2 and admission granted accordingly.
6. On behalf of the respondent-authorities, it has been contended that in view of the circular of the Medical Council of India dated 15th September, 2004, no admission can be granted against any vacancy arising due to any reason subsequent to 30th September, 2004 and in that regard the respondents have placed reliance upon the Circular of Medical Council of India dated 15th September, 2004, which has been issued in compliance of the order of the Hon'ble Supreme Court dated 1st September, 2004, passed in Writ Petition (Civil) No. 306 of 2004, Mridul Dhar (Minor) and Anr. v. Union of India and Ors., as well as the order dated 8th September, 2004 passed by the Hon'ble Supreme Court in Writ Petition (Civil) No. 469 of 2004, Maharishi Markendeshwar Education Trust and Anr. v. Union of India and Ors. It would be worst while to reproduced the direction issued by the Hon'ble Supreme Court in the cases of Mridul Dhar (Minor) (supra), which reads as follows :
'The States shall also take timely action so that the seats to a great extent may not lapse and all the admission and joining by students are over by 30th September, 2004.
We may it clear that under no circumstances, we are inclined to extend the date beyond 30th September, 2004. The order shall not be treated as a precedent so as to open flood-gates of litigation in other case in the country.
To consider the issue of further directions for the next academic year, list the matter on 5th October, 2004.'
7. Directions issued by the Hon'ble Supreme Court in the case of Maharishi Markendeshwar Education Trust and another (supra), which read as follow :
'4. Admission and joining by the students latest by 30th September, 2004.'
8. Reference may also be had to the Statutory regulations framed by the Medical Council of India known as Graduate Medical Education Regulations, 1997 as amended by the Gazette Notification dated 25th February, 2004, the relevant portion whereof reads as follows :
'(6-A) There shall be no admission of students in respect of any academic session beyond 30th September under any circumstances. The Universities shall not register any student admitted beyond the said date.'
9. Reference may also be had to the Time Schedule for completion of the admission process for the first MBBS Course as per Appendix-E attached to the aforesaid regulations. The relevant portion whereof reads as follows :
'APPENDIX-E
THE SCHEDULE FOR COMPLETION OF THE ADMISSION
PROCESS FOR FIRST MBBS COURSE
Last date upto which students can 30th September
be admitted against vacancies arising due
to any reason
10. From the orders of the Hon'ble Supreme Court quoted here in above as well as from the Statutory Regulations framed by the Medical Council of India, it is apparent clear that in no case admission can be granted to any student in first year of MBBS Course subsequent to 30th September.
11. In the facts and circumstances of the case it cannot be said that he vacancy which has been caused due to cancellation of the admission of respondent No. 5, Anand Samar Singh is not covered by the aforesaid Time Schedule (Appendix-E). The vacancy is as such cannot be permitted to be filled by granting admission to the petitioner subsequent to 30th September, 2004.
12. Although this Court has full sympathy with the petitioner for being denied her claim to be admitted in the M.B.B.S. Course because of the fraudulent acts of respondent No. 5, however, this Court cannot issue directions contrary to the orders of the Hon'ble Supreme Court or Statutory regulations framed by the Medical Council of India. In such circumstances, no effective relief can be granted to the petitioner. Writ petition is accordingly dismissed; No order as to cost.