IN THE HIGH COURT OF JUDICATURE BILASPUR (C.G.) 1‘ WritPetionionNo.?—9—?:f3-/2002 Sidheshwar Patanwar Sh Lake;Wmm; q gym! %5 Sarkanda, Bilaspur (C.G.) ¢ j 2. Arvind Smt. Mina Nagar Patanwar Behind W/o Satbhaniya Siddheshwar Mandir Patanwa3 qg/QJ 2§ J Arvind Nagar Behind Satbhaniya Mandir Sarkanda, Bilaspur (C.G.) PETITIONgERs : 1. Vs. RESPONDENT : 1. The Secretary ofChhattisgarh Govt.,Raipur(C X3.) Principal Secretary of Chhattisgarh, Technical ' ag/r ‘ e . V. 3. dustrialDepartment,Raipur(C.G.) Principal,Kirodimallnstitute ofTechnology, : . g "‘fEducation and Janshakti Niyogan Vigayan & In ‘ 4M Raigarh(C.G.) Kwf L nder Articles 226 and 227 ofthe constitution o l‘ Petition u lndia.’ #A",I_/_r‘# ff l i : ‘ " SPUR R Writ Petition No. 2099 of2002 Post for prounceent of order on Qtzfaay of September, 2010. Sdl—w ’ ud Satish K. Agnihotri Jge HIGH COURT OF CHHATTISGARH AT BILA onm j PETITIONERS Sidheshwar Patanwar & another. ,VERSUS RESPONDENTS The Secretary of Chhattisgarh Govt. & Others. @ HIGH COURT OF CHI-IATTISGARH AT BILASPUR Writ Petition N0. 2099 of 2002 PETITIONERS : Sidheshwar Patanwar & another. VERSUS The Secretary of Chhattisgarh Govt. & Others. ETITION UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agnihotri, J. Present; Shri Sanj ay Patel, Advocate for the petitioner. Shri Shashank Thakur, Panel Lawyer for the State/respondent N0. 1 and 2 None for the respondent No. 3. RESPONDENTS O R D E R (Delivered on .21.; day of September, 2010) l. By this petition, the petitioners seek to challenge the legality and validity of the letter No. 1052/KIT/Shulk/2002, dated 20.07.2002 (Annexure P/9), the letter No. lll7/KIT/Fee/2002 dated 20.08.2002 (Annexure P/10) and further a writ in the nature of prohibition restraining the respondent No. 2 to recover the fee for the session 2002-2003. 2. The indisputable facts, in nutshell, are that the petitioners are the parents of Saket Patanwar, who was a student of Bachelor of Engineering, Information Technology in the respondent No. 3— institute. He got admission in the said institute in the year 2001. The petitioner No. 1, on account of undergoing family planning operation, was granted green card. Thus, his son became entitled to exemption from payment of fee in medical/engineering course. The grant of exemption from payment of tuition fee for medical/engineering colleges was also provided clearly in the green card (Annexure P/l). The petitioner No. l made various representations to the respondent No. 3 for grant of exemption from P payment of tuition fee. But the same were not replied to. However, the letter dated 18.07.2002 (Annexure P/6) written by the petitioner No. 1 was replied by the respondent N0. 3 on 20.07.2002 (Annexure P/7) stating therein that his son cannot be granted any exemption from payment of tuition fee. The said reply was accompanied by a memo dated 08.053001 (Annexure P/8) issued by the Govemment of Chhattisgarh, Higher Education, Technical Education & Manpower, Science & Technology Department, addressed to the Additional Director, Directorate of Technical Education, Raipur, wherein it was stated that no such exemption can be granted to a green card holder. Thereafter, the petitioners served the respondent No. 3 with a legal notice for granting exemption from payment of tuition fee and for refund of the fee already paid with interest at the rate of 12.5%. However, the respondent No. 3 again sent letter dated 20.08.2002 (Annexure P/lO) demanding payment of fee for the second year also. Thus, this petition. Shri Sanjay Patel, learned counsel appearing for the petitioners would submit that the State of Madhya Pradesh, vide memo dated 10.04.2001, addressed to the Director, Technical Education, has clarified that no tuition fee shall be charged from the children of the green card holders, which is applicable to the State of Chhattisgarh also. The said memo has not been amended or cancelled by the State of Chhattisgarh. 4. On the other hand, learned counsel appearing for the State/respondent No. l and 2 would submit that the son of the petitioner is not entitled for any such facility as averred by the petitioners. Further, the Government of Chhattisgarh, by its memo dated 08.05.2001 (Annexure R/l) and memo dated 05.07.2001 (Annexure R/2) had denied to grant any exemption from payment of tuition fee to the green card holders. . Heard leamed counsel for the parties, perused the pleadings and documents appended thereto. In the case on hand,, the State Government, by circular dated 08.05.2001 (Annexure R/l) has decided that all the engineering colleges of the State are the autonomous bodies and as such, the children of the green card holders are not entitled to any exemption, if any. Thus, in respect of Engineering Colleges, which was subsequently intimated to the Government Engineering Colleges Vide communication dated 05.07.2001 (Annexure R/2). The petitioner is not entitled to exemption of fee. Further, this Court, in the matter ofAshok Kumar Gulhare v. State of Chhattisgarh & Others], r has declined to direct refund of the concession fee as the petitioners’ son had already completed the course without raising any obj ection. In View of the foregoing, the writ petition fails and is accordingly dismissed. There shall be no order asto costs. ' W.P. No. 1867 of2001, decided on 22.10.2001