JUDGMENT Devendra Kumar Upadhyaya,J. Heard learned counsel for the petitioner, Shri Gyanendra Srivastava, learned counsel representing the Medical Council of India and Shri Vinayak Saxena, learned counsel appearing for Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow, in short 'SGPGIMS'. The petitioner has approached this Court under Article 226 of the Constitution of India seeking a direction to be issued to the respondents to admit him against one vacant seat of D.M. Cardiology Course, a Super Speciality Course at SGPGIMS, Lucknow on the ground that he, having been empanelled in the wait list, is entitled to be given admission for the reason that a candidate, who had taken admission, had submitted his resignation expressing his unwillingness to pursue the course. SGPGIMS conducted an entrance test for making admission to various Super Speciality Courses leading to award of D.M., MCh degree and other Post-Doctoral Certificate. The petitioner appeared in the said examination and was placed at serial no.10 in the overall merit prepared for the purposes of giving admission to D.M. (Cardiology) at the Institution. There are six seats of D.M. (Cardiology), out of which initially only four candidates took admission leaving two seats vacant. On these two vacant seats, the candidates short listed at serial nos.1 and 2 in the wait list initially took admission, however, the candidate who was placed at serial no.2 in the wait list submitted his resignation which resulted in one vacant seat on which the candidate listed at serial no.3 of wait list did not seek admission, rather he told the authorities of the Institute that he was not desirous of seeking admission, thus, the petitioner, who was placed at serial no.4 in the wait list and serial no.10 in the overall merit list, made an application seeking admission against the available vacant seat. The said admission has been denied by the Institute on the ground that as per the Schedule announced by the Medical Council of India, admission in Super Speciality Medical Course can be made in any circumstance only up to 31st of August, 2016. The candidate, who resigned leaving the seat vacant against which the petitioner has submitted his application, had left the seat on 01.10.2016. On 04.10.2016 the petitioner is said to have made application to the authorities of the Institute for admission against the seat which became vacant on account of resignation. The candidate, who resigned leaving the seat vacant against which the petitioner has submitted his application, had left the seat on 01.10.2016. On 04.10.2016 the petitioner is said to have made application to the authorities of the Institute for admission against the seat which became vacant on account of resignation. It has been submitted by the learned counsel appearing for the Medical Council of India that the Medical Council of India Postgraduate Medical Education Regulations, 2000 have been amended and as per the amended Appendix-III appended to the said Regulations, last date up to which the students seeking admission in Super Speciality Course can be admitted is 31st of August of every year and the said amendment made in the Regulations, 2000 have been approved by Hon'ble Supreme Court by means of the judgment and order dated 18.01.2016, passed in Writ Petition (Civil) No.76 of 2015 connected with Writ Petition Nos.314 and 328 of 2015. Hon'ble Supreme Court in the said order passed on 18.01.2016, after noticing the amendments in the Regulations, 2000, has given the stamp of approval to the Schedule as framed by the Medical Council of India. At this juncture, learned counsel for the petitioner has submitted that the instant case is a case where if the petitioner is not given admission in the Super Speciality Course of D.M. (Cardiology), the same ultimately would result in loss to the general public, inasmuch as there is already paucity of well equipped and qualified cardiologist in the State of U.P. He has further stated that the Schedule as framed by the Medical Council of India for the purposes of conducting the examination, entrance test and admission etc. is applicable in case of admissions to these courses in normal circumstances, whereas in the instant case a situation has emerged that the petitioner, though fully qualified and meritorious, is being denied admission despite availability of seat and facility of education for the reason of the said Schedule and as such appropriate direction may be issued permitting the petitioner's admission and allowing him to pursue his studies. It is no doubt true that well qualified Cardiologists in the State of U.P. are not available in adequate number. It is no doubt true that well qualified Cardiologists in the State of U.P. are not available in adequate number. Though there is no data available before the Court to make such an observation, however, it is common knowledge that so far as the medical facilities are concerned, including adequate and sufficient number of medical doctors, performance of the State of U.P. is not at par with the performance of rest of the country. Availability of adequate number of doctors is call of the hour. There is no denial of the fact that a seat in the Super Speciality Course is also vacant, that too, in a primer Institute, Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow which is rated almost at par with All India Medical Institute of Medical Sciences, Delhi and other such Post Graduate Institutes of Medical Sciences in the country such as Post Graduate Institute of Medical Sciences, Chandigarh and Jawarharlal Institute of Postgraduate Medical Education and Research, Pondicherry. Instructions and teaching in D.M. Course in Cardiology at Sanajy Gandhi Post Graduate Institute of Medical Sciences at Lucknow is said to have started from 01.07.2016. It is informed that it is a three years' course and the petitioner if admitted may make up the gap and the course which by now could have been taught to the students. Submission of learned counsel for the petitioner appears to be very attractive, however, in view of the schedule as declared by the Medical Council of India, no such admission in any Super Speciality Courses is permissible after 31st August of every year. It is also noticeable that Hon'ble Supreme Court has approved the said Schedule vide its order dated 18.01.2016, passed in Writ Petition (Civil) No.76 of 2015, Ashish Ranjan and others vs. Union of India and others. In the aforesaid view of the matter, it would not be possible and permissible for this Court to grant relief which has been prayed for by the petitioner in this writ petition. The writ petition is, thus, dismissed.