Neutral Citation No. - 2025:AHC-LKO:3740 Court No. - 19 Case :- WRIT - C No. - 588 of 2025 Petitioner :- Sabia Fatima Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Medical Edu. Govt. Of U.P. Lko. And 2 Others Counsel for Petitioner :- Syed Muzammil Hasan,Brijesh Kumar Srivastava Counsel for Respondent :- C.S.C.,Sanjai Srivastava,Syed Mohammad Haider Rizv Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner, learned State Counsel for opposite party no. 1, Mr. S.M. Haider Rizv, learned counsel for opposite party no. 2 and Mr. Sanjai Srivastava, learned counsel for opposite party no. 3. 2. Petition has been filed seeking a direction to authorities concerned, particularly Director General of Medical Education to permit petitioner to take admission in the M.B.B.S. Course in a Medical College of her choice and eligibility and to publish the name of petitiner as an eligible candidate to be admitted in the M.B.B.S. Course. Prayer has also been made for a direction to the issue to college concerned to disclose exact number seats vacant and to admit petitioner in the M.B.B.S. Course. 3. Learned counsel for petitioner has placed reliance on order passed by Hon'ble Supreme Court on 20.12.2024 in Writ Petition (Civil) No. 833 of 2024 and other connected petitions to submit that despite the fact that earlier counselling process had ended on 05.12.2024, a chance for holding fresh stray/special counselling for remaining vacant seats was issued particularly in view of the fact that precious medical seats should not go waste when the country is facing acute shortage of doctors. 4. It is submitted that Hon'ble Supreme Court by means of said order extended the last date for holding of stray/special counselling to 30.12.2024. He further submits that in pursuance of such directions, the list of eligible candidates was thereafter uploaded on the website 23.12.2024 and petitioner not finding her name included therein, made a representation online on 25.12.2024 but has been excluded from the aforesaid counselling process. It is submitted that even after 30.12.2024, various medical seats are still lying vacant in which petitioner can be accommodated. 5. He has placed reliance on judgment render by High Court at Calcutta in WPA No. 2386 of 2023 and connected matter decided vide order dated 13.10.2023 that in similar circumstances, liberty was granted to hold fresh counselling even after the date fixed for last counselling by Hon'ble Supreme Court had expired. 6. Learned counsel for opposite parties have refuted submissions advanced by learned counsel for petitioner with the submission that once the Hon'ble Supreme Court has already fixed a particular date being 30.12.2024 as the last date for holding stray/special counselling, the opposite parties and even this Court is bound by such directions and no fresh stray/special counselling for remaining vacant seats can be done by the opposite parties until and unless such fresh directions are issued by the Hon'ble Supreme Court. It is also submitted that the judgment relied upon by learned counsel for petitioner is inapplicable in the facts and circumstances of the case. 7. Upon considerations of submissions advanced by learned counsel for parties and perusal of material on record, it is quite evident that Hon'ble Supreme Court vide order dated 20.12.2024 had directed for holding fresh stray/special counselling for remaining vacant medical seats prior to 30.12.2024 in any eventuality. 8. The relevant portion of the order is as follows:- "6. The admission Authorities are, therefore, directed to hold a fresh stray/special counselling for the seats remaining vacant and complete the admission process prior to 30.12.2024 in any eventuality. 7. It is further directed that no college would be permitted to admit the students directly and admission should be conducted only through the State Admission Authorities." 9. It is evident that a specific cut-off date of 30.12.2024 has been indicated by Hon'ble Supreme Court for holding of fresh stray/special counselling for remaining vacant medical seats. 10. The tenor of the order dated 20.12.2024 clearly indicates that the said counselling is to take place prior to 30.12.2024 in any eventuality. 11. Therefore, in the considered opinion of this Court, once a specific cut-off date has been indicated by Hon'ble Supreme Court, the same is binding not only upon the opposite party but upon this Court as well. 12. In the judgment relied upon by learned counsel for petitioner, the aforesaid cut-off date was extended only in view of the fact that despite the said directions made by Hon'ble Supreme Court, the institution concerned did not take steps to upload the vacancy on its website and therefore the High Court at Calcutta had interfered in the matter only since the non notifying of vacant seats would indicate that there is a chance of seats remaining vacant for the rest of session and would be a waste of resources and particularly since the students therein were not at fault for non compliance of the cut-off date indicated by Hon'ble Supreme Court. 13. In the considered opinion of this Court, the aforesaid judgment is inapplicable in the facts and circumstances of the case wherein in pursuance of directions issued by Hon'ble Supreme Court on 20.12.2024, admittedly the list of vacant seats were already uploaded on the website on 23.12.2024 in which petitioner's name was not included. 14. Even thereafter, petitioner had an option of approaching this Court within one week but has chosen not to do so for which she alone can be at fault. This Court does not find any fault on the part of opposite parties for non-compliance of direction issued by Hon'ble Supreme Court dated 20.12.2024. 15. In view thereof, no effective relief can be granted to petitioner particularly in view of the fact that the last stray/special counselling for remaining vacant seats has already ended prior to 30.12.2024. Such an extension of counselling can be directed only by the Hon'ble Supreme Court in case petitioner approaches for the same. 16. Resultantly, the petition fails and is dismissed. Parties to bear their own cost. Order Date :- 21.1.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench