IN_THE HISH GOURT OF GHHATTISGARH AT BILASPUR (C.G. ) Writ Petitlon No3cs^_ /2004 Ka-fclyapar Dayalband Bilaspur Bilaspur ^ESPONDEHTS Chhattisgarh Secretary Department Mantralay Chhattisgarh Edueation secondary Chhattisgarh Universifcy Reglstrar Ghha-t-ti sgarh Bi-Laspur PETITION P^^TICtJLARS Off THE PETITIONSt • As -mentxoned atasve . .edntd.... HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition No.2482 of 2004 PETITIONER: Rajesh KumarAgrawal RESPONDENTS: Versus State ofChhattisgarh and others And other connected matters ORDER FOR CONSIDERATION HON'BLE SHRI R.N. CHANDRAKAR, J JUDGE 4 M/2Q10 Sdl- Judge -°> ^^- _<-£- JUDGE ^ /4/2010 POST FOR ORDER ON 0^4-2010 JUDGE o£:/4/2010 HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition No.2482 of 2004 PETITIONER: RESPONDENTS: Rajesh Kumar Agrawal, aged about 21 years, S/o Shri Subhashchand Agrawal, R/o New Bus Stand Road, Ratanpur, District Bilaspur (CG) Versys 3. 4. State of Chhattisgarh, Through the Secretary, Department of t-1ealth Family Planning & Medical Education, DKS Bhawan, Mantralaya, Raipur (Chhattisgarh) Director of Medical Education, Government of Chhattisgarh, Raipur (Chhattisgarh) Board of Secondary Education, State of Chhattisgarh, Raipur (Chhattisgarh) Guru Ghasidas Vishwavidyalaya, through the Registrar, Bilaspur (Chhattisgarh) Chhattisgarh Institute of Medical Science (CIMS), Bilaspur (Chhattisgarh) Medical Council of India, Aiwan-E- Galib Marg, Kotla Road, New Delhi - 110002 Writ Petition No.2476 of 2005 PETITIONERS: 1. 4. Smita, D/o Shri Uma Maheshswar, aged 20 years, R/o Q. No.2/c, St. No.16, Sector-6, Bhilai Nagar(CG) Deepa Patel, D/o Shri P.S. Patel, aged 21, R/o Forest Ranger, Dhimrapur, Raigarh (CG) Kshma Chandrakar, D/o Shri Vijay Kumar Chandrakar, aged 20 years, R/o Hotel Vijay International Opposite Railway Station, Durg (CG) Sampreeti Sendur, D/o V.K. Sendur, aged 20 years, R/o New Adarsh Nagar, St. - 2/c, Zone 1, Durg (CG) Versus RESPONDENTS: 1. State of Chhattisgarh, Through the Secretary, Department of Higher Education (Technical), DKS Bhawan, 2. 3. 4. 5. 6. Mantralaya, Raipur (Chhattisgarh) Director of Medical Education, Government of Chhattisgarh, Distt. Raipur (Chhattisgarh) Board of Secondary Education, State of Chhattisgarh, Pension Bada, Raipur (Chhattisgarh) Guru Ghasidas University, Through The Registrar, Bilaspur (Chhattisgarh) Chhattisgarh Institute of Medical Science, through its in-charge Bilaspur (Chhattisgarh) Medical Council of India, Aiwan-E- Galib Marg, Kotla Road, New Delhi 110002 Writ Petition No.2545 of 2004 PET1TIONER: Anand Bhattar, aged about 19 years, S/o Dr. Ashok Bhattar, R/o Near Mahila Police Station Raipur, District Raipur (Chhattisgarh) Versus RESPONDENTS: 3. 4. State of Chhatti'sgarh, Through the Secretary, Department of Health Family Planning & Medical Education, DKS Bhawan, Mantralaya, Raipur (Chhattisgarh) Director of Medical Education, Government of Chhattisgarh, Raipur (Chhattisgarh) Board of Secondary Education, State of Chhattisgarh, Raipur (Chhattisgarh) Guru Ghasidas Vishwavidyalaya, through the Registrar, Bilaspur (Chhattisgarh) Chhattisgarh Institute of Medical Science (CIMS), Bilaspur (Chhattisgarh) Medical Council of India.Aiwan-E- Galib Marg, Kotla Road, New Delhi - 110002 li Writ Petition No.2889 of 2005 PETITIONER: Ku. Vinshi Naaz Khan, D/o Shri M.S. Khan, aged about 18 years, R/o 44 Santi Nagar, Link Road-2, Bilaspur (CG) Versus RESPONDENTS: 1. 2. 3. 4. 5. State of Chhattisgarh, Through the Secretary, Department of Medical & Health Education, Mantralaya, DKS Bhawan, Raipur The Director, Medical Education, State ofChhattisgarh, Raipur The Dean, Chhattisgarh Institute of Medical Science, Guru Ghasi Das University, Bilaspur (CG) Chhattisgarh Institute of Medical Science, Guru Ghasi Das University, Through Registrar, Koni, Bilaspur Medical Council of India, Through its Director, Aiwan-E-Galib Marg, Kotla Road, New Delhi Writ Petition No.2546 of 2004 PETITIONER: Rimpal Bachu, aged about 19 years, S/o Dr. G.S. Bachu, R/o L-12 Sector 1 Extension Avanti Vihar, Raipur, District Raipur (Chhattisgarh) V^rsus RESPONDENTS: 3. 4. State of Chhattisgarh, Through the Secretary, Department of Health Family Planning & Medical Education, DKS Bhawan, Mantralaya, Raipur (Chhattisgarh) Director of Medical Education, Government of Chhattisgarh, Raipur (Chhattisgarh) Board of Secondary Education, State ofChhattisgarh, Raipur (Chhattisgarh) Guru Ghasidas Vishwavidyalaya, through the Registrar, Bilaspur (Chhattisgarh) Chhattisgarh Institute of Medical Science (CIMS), Bilaspur (Chhattisgarh) Medical Council of India, Aiwan-E- Galib Marg, Kotla Road, New Delhi - 110002 Writ Petition No.3033 of 2004 PETLTIONER: Satya Prakash Singh, S/o Shri M.S. Singh, aged about 20 years, R/o near Sai Mandir, Katiyapara Road, Dayalband, Bilaspur, District Bilaspur (CG) Versus RESPQNDENTS: 1. L 2. 3. 4. 5. 6. State of Chhattisgarh, Through the Secretary, Department of Higher Education (Technical), DKS Bhawan, Mantralaya, Raipur (Chhattisgarh) Director of Medical Education, Government of Chhattisgarh, District Raipur (Chhattisgarh) Board of Secondary Education, State of Chhattisgarh, Pension Bada, Raipur (Chhattisgarh) Guru Ghasidas University, through the Registrar, Bilaspur (CG) Chhattisgarh Institute of Medical Sciences through its tn-charge Bilaspur (CG) Medical Council of India, Aiwan-E- Galib Marg, Kotla Road, New Delhi - 110002 Writ Petition No.244 of 2006 PETITIONER: Urvashi Fulzele, D/o Mr. K.N. Fulzele, aged 20 years, R/o House No.5B, Sector-9, Street-1, Bhilai (CG) Versus RESPQNDENTS: 1. 2. 3. 4. 5. State of Chhattisgarh, Through the Secretary, Department of Higher Education (Technical), DKS Bhawan, Mantralaya, Raipur (Chhattisgarh) Director of Medical Education, Government of Chhattisgarh, Distt. Raipur (Chhattisgarh) Board of Secondary Education, State of Chhattisgarh, Pension Bada, Raipur (Chhattisgarh) Guru Ghasidas University, through the Registrar, Bilaspur (Chhattisgarh) Chhattisgarh Institute of Medical Science through Its In-charge, Bilaspur (Chhattisgarh) r m ^NlUt"" ^.sSg^-ss.-s". ^S^iE^L'S'KSS: 6. Medical Council of India, Aiwan-E- Galib Marg, Kotla Road, New Delhi 110002 Writ Petition (C) No.7372 of 2009 PETITIONER: Ashish Baghel, aged about 26 years, S/o Shri Vijay Baghel, R/o Ameri Road, Nehru Nagar, Bilaspur (CG) Versus RESPONDENTS: 1. / 'G- 2. 3. 4. State of Chhattisgarh, Through the Secretary, Department of Health and Family Welfare, DKS Bhawan, Mantralaya, Raipur (Chhattisgarh) Director of Medical Education, Old Nurses Hostel, DKS Bhawan Premises, Raipur (Chhattisgarh) Guru Ghasidas Vishwavidyalaya, through the Registrar, Bilaspur (Chhattisgarh) Chhattisgarh Institute of Medical Science (CIMS), Bilaspur (Chhattisgarh) AND Writ Petition No.2706 of 2005 ^. PETITIONER: Somendra Dhariwal, S/o S.R. Dhariwal, age 20 years, C/o Tilochan Balmandir Kela Badi, Durg (CG) Versus RESPONDENTS: 1. (=• 2. 3. 4. 5. State of Chhattisgarh, Through the Secretary, Department of Higher Education (Technical), DKS Bhawan, Mantralaya, Raipur (Chhattisgarh) Director of Medical Education, Government of Chhattisgarh, Raipur (Chhattisgarh) Board of Secondary Education, State of Chhattisgarh, Pension Bada, Raipur (Chhattisgarh) Guru Ghasidas University, through the Registrar, Bilaspur (Chhattisgarh) Chhattisgarh Institute of Medical Science through its In-charge, Bilaspur (Chhattisgarh) 6. Medical Council of India, Aiwan-E- Galib Marg, Kotla Road, New Delhi - 110002 •<»1 ^ Present: Shri Kishore Bhaduri, Shri Manoj Paranjpe, Shri Jitendra Pali, Ms. Madhu Nisha Singh and Shri Roop Naik, counsel for the respective petitioners. , Shri Sumesh Bajaj, Govt. Advocate for the State. Shri Ashish Shrivastava with Shri Akhilesh Dalpati, counsel for Guru Ghasidas University and CIMS. Division Bench: Hon'ble Shri Dhirendra Mishra & Hon'ble Shri R.N. Chandrakar, JJ. ORDER (Passed on _<^.April, 2010) The following order of the Court was passed by Dhirendra Mishra, J. 1. Application on behalf of respondent No.4/Guru Ghasidas University for taking additional submissions and document on record, is allowed and the documents are taken on record. 2. This batch of writ petitions are being disposed of by this common order as the petitioners are seeking issuance of writ of mandamus against the respondents to treat their admission against free seat available in the respondent Chhattisgarh Institute ofMedical Sciences (for short 'CIMS')from the date of fheir admission and to quash direction/decision/communication of fte respondent CIMS directing the petitioners to deposit fee at the rate of Rs.2,50,000/- every year. 3. The petitioners have raised a dispute in these petitions that admissions in CIMS were made by conducting Pre-Medical Test Entrance Examination by respondent No.1. The entrance examination was conducted under the Chhattisgarh Chikitsa Tatha Dant Chikitsa Snatak Pravesh Pariksha Niyam, 2003 (for short 'the Rules'). Rute 4 of the aforesaid rules provides that 15% seats in the Government Medical and Dental Colleges shall be kept apart for 9 ^ -^ centrat quota and the same would be filled in by All India Entrance Examination whereas 3% seats would be reserved for nominees of the central pool. Thus, out oftotal 100 seats available in CIMS, 82 seats could be allotted in accordance with the applicable rules. However, at the time of admission only 8 seats were allotted for All India Quota & Central Pool Quota and 42 seats as free seats ignoring directions of the respondent/State dated 22-4-2005 (Annexure-P/9). The petitioners were entitled for admission against free seats, however, they were compelled to seek admission against the management quota on account of admissions made contrary to the rules. 4. ilndisputably, the CIMS has since been taken over by the State Government vide order dated 27-6-2007 of the General Administration Department of the State and the order dated 11-7-2007 of the Health and Family Welfare Department of the State Government viz. Memorandum of Understanding between the Registrar, Guru Ghasidas U.niversity and the Director, Medical Education, Health and Family Welfare, Government of Chhattisgarh, as per additional submissions and documents filed by the State on 26-2-2010. 5. The State in its return filed on 3rd August, 2009 has clearly stated that at the time of admission only 8 seats were allotted for All India Quota and remaining •10 seats wliich should have been under the category ofAII India Quota were allotted as payment seats. It has been further stated in paragraph 5 that 'the State has carefully scrutinized the entire merit list of the students, for each category and after careful examination it has prepared a list of the students, who would be entitled for refund on account of conversion of 10 seats as free seats, as aforesaid. This sorting of seats has been done strictly according to the merits of the candidates in the Pre Medical Test of the respective years.' Copy of the letter dated 30th July, 2009 sent by the Director, Medical Education to CIMS containing details of the students is filed as Annexure- R/1. 6. The respondent/State is disputing only refund which is related to the academic years 2003-04 and 2004-05 when the CIMS was under the control of Guru Ghasidas University and the entire fee was recovered by the University and, therefore, liability of refund of the fees for the aforesaid period would be that of the University as CIMS was taken over by the State Government w.e.f. 1 December, 2007. 7. Leamed counsel for the petitioners argued that it is the bounden duty of the State Government to refund excess fee recovered by the CIMS from the petitioners as CIMS is under its control w.e.f. 1 December, 2007. The State Government has submitted in affidavit before the Supreme Court and has underi:aken that they will adjust.extra amount paid by the students. 8. On the other hand, learned counsel for the State and CIMS would submit that the liability of refund of fees for the academic year when the CIMS was under the control of Guru Ghasidas University cannot be fastened on them as financial liability prior to 1-12-2007 when the management of CIMS was taken otcr from the University by the State Government would be that of the University. 9. We have heard learned counsel for the parties. 10. There is no dispute with respect to the claim of the petitioners that they were entitled for admission in CIMS against free seats as the names of the petitioners find place in the document of Annexure-R/1 which is the list of the students who were entitled for admission against free seat, as per respondenVState's own admission. 11. So far as contention of the respondent/State and CIMS that liability of refund of fee for the aforesaid academic sessions prior to 1-12-2007 cannot be fastened on the State Government as the same was realized by Guru Ghasidas University is concerned, it is for the State and Guru Ghasidas University to settle any dispute with respect to the assets and liabilities of the institution as existing on 1-12-2007 when CIMS was taken over by the State Government by signing MoU for that purpose with the University. The State, which has taken over the management of CIMS cannot disown its responsibility to refund excess fee realized by the University at the time of fmission from the petitioners, to them. 12. We also take note of the fact that the Supreme Court, while disposing of Civil Appeal No.2856/2009 and other connected appeals vide order dated 27 April, 2009, had observed that "the State Government has, in its affidavit at para 6 has stated that out of them, 39 students who got admission against payment seats and since now they have been treated as students for free seats, they are liable to pay only Rs.34,500/-. We record the said statement. The excess fee, if any, paid by these students may be adjusted." 13. F"r the aforesaid reasons, we allow the writ petitions and direct the respondent/State and CIMS to refund excess amount already paid by the petitioners by treating their admissions in CIMS against free seat. Sdf- Dhirendra Mishra Judge Sd/- R.N. Chandrakar Judge Barve