l.,,':'«it iIGH COURT OF CHHATTISGARH AT BILASPIJR TITIONER RESPONDENTS WRFT PBTITION No. 1329 of2Qu2 : I..KU. Varsha Tiwari D/o Shri Ashok Tiwari, -aged about 18 years, R'o In front ofHanuma" Maadir, Karbaia Road, Biiaspur, Tahsil and District Bilaspur (C.C-.) 2. Ashok Tiwari s/o Late Shri R.A.Tiwari, aged about 45 vears, R/o In fi'ont of Haauma!i Mandir, Karbala Road, Bilaspur, Tahsil and iJistrict i3ii3.spur (L/.U".) VERSUS 1. Stats of Chhattisgarh, Throush the Secretan', Medical Education Department, DKS Bhawan- 73 "^-n"" /r^^ j^^-ui^ur \ ^\j i 2. Chhattisgarh Institute of Medical Sciences, Throush: Tlie Officer on Special Dutv- Gurj Ghasidas Umversity, Bilaspur (C.G.) 3. Guru Ghasidas University, Bilaspur, Through: The Registrar, Bilaspur (C.G.) 4. The Vice Chaiicellor, cum ChainnaK, Chhattisgarh Institute of Medieal Scienees, Gum Ghasidas University, Bilaspur (C.G.) 5. Thc Adhishthata, Chhattisgarii Ayurvigyan Sai'iStha.n. Sils.snur (C.O.) 6, State of Madhya Pradesh, Through the Secretarv. Public Health and Fami!v Wel&re Deoartmeiit. Vallabh Bhawan. Bhopal. M.P. 'RIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITirTION OF IA ihri t rressnt Siiri Rakesh Pandev. Advocate forthe petrtioner. Shi-i Alok Bakshi, Govermnent Advocate fbr the State/respondeEts 1, 2,and5. Shri Ashish Shrivastava. Advocate &r the resoonuent No.3 aiid 4. (< (Passed on 19th day of August, 2009) The petitioner No. 1 was admitted to M.B.B.S. course fbr the academic session 2001-2002- pursuant to pre-medical test held in fhe year 2001. The petitioner claims exemption from niaking payment of fee oaths basis ofelause 4 ofthe sreen card annexed at Annexure P/3. The fhen Deaa. Chhattisgarh Institute of Medical Sciences, Bilaspur vide communication dated 05 February,2002 (Armexure P,/l) rejected the applicazion ofthe petitioner No.l on the ground ihal the s}'ie was .^s' -•"•»•< ''•'"••^^^^ -^ o. admitted against the paymertt seat and as such, slie was not entitled to anv exeinption from paviiient offee. It appsars that the petitioner has completed her studies as the course was for a period of five vears. The petttioner impusais Uie order dated 05 February.2002 (Annexure P/l) on the grounds as afbrestated that ths petitioner is eHtitled to exemption from pavment of fee in case of medical/ensineering education. Shri Bakshi, leamed Govemment Advocate appearina fbr the respondeiits 1, 2 and 5 submits thal clause 4 of the green card is applicable onlv to ths eovemment mn medical'ensineerine iastitutions and not to an autonomous or private college/institution. At that point oftime- Chhattissam Institute ofMedical Science, was aa autonomous mstitute affiliated to the ITaiversitv and the State Govenaiertt had no coHtrol over it. Apart from that, ths petitioner No.l was admitted aeainst the DavmeHt seat and as such. she was 'aot entitled to a;iv exemption from pavment offes. Shri Shrivastava, leamed counsei appearins fbr the Uaiversity/Tespondem No. 3 aiid 4 supports ths conterrtion of Smi Bakslii. Having heard leamed counsel appearirss fbr the parties, perused the pleadings and documents appended thereto, it appears that there was no such condition as to grant exemptioti of fee ia any college or institution. Secondlv, since the petitioner No. 1 was admitted asainst the pavment seat, tliere was no question of sxemption or reimbursement of the fee from the State Govermnent. Now ths oetitioner No. 1 misht have completed her course and slie must liave eneased herselfin iiiedical profession. At tiiis staee, no relief can be grasied to the petitioner. Thus, this petition is dismissed. Sdf- Satish K.Agnihotn Judge