IBi» HIGH COURT OF CHHATTISGARH AT BILASPUR Coram: Hon' ble Shri Dhirendra Mishra, & Hon' ble Shri R.N. Chandrakar, JJ Petitioners Respondents WritPetition (C) No. 738 of 2011 1) Dr. Aditi Gupta, daughter of Dr. Vinay Gupta, aged about 23 years, residence of behind Sales Tax Office, Ware House Road, Bilaspur, Chhattisgarh. 2) Dr. Prateek Shah, son of Dr. Dilip Shah, aged about 24 years, Shah Nursing Home, Sadar Road, Nawapara (Rajim), District Raipur, Chhattisgarh. Vs. 1. State of Chhattisgarh through Secretary, Department of Health and Family Welfare, D.K.S. Bhawan, Raipur, Chhattisgarh. 2. Director of Medical Education, Old Nurses Hostel, D.K.S. Bhawan, Premises, Raipur, Chhattisgarh. 3. Guru Ghasidas Vishwavidyalaya through the Registrar, Bilaspur, Chhattisgarh. 4. Chhattisgarh Institute of Medical Science (CIMS), Bilaspur, Chhattisgarh. (Writ petition underArticle 226 ofthe Constitution of India). Present: Ms. Madhu Nisha Singh, counsel forthe petitioners. Shri M.P.S. Bhatia, Deputy Govt. Advocate forthe State. ORAL ORDER (Passedon 08-02-2011) Per_Dhirendra Mishra, J. 1. Learned counsel appearing or the petitioners submits that by this petition the petitioners have prayed for direction to the respondents to treat the petitioners as free seat candidates and to further direct the respondents to refund the excess fee paid by the petitioners since admission of the petitioners in Ist year MBBS course at respondent -CIMS with interest ^s:. • -•-"—<. t^^ V'^!-,"WVs-. 1 y / .•< v'-ff,sy ^t^ '^-. '• '•;" ^''y "'-.^.^£-;^'' rt'- '^ at the prevailing market rate. She further submits that the petitioners' admission in the year 2004-2005 in first year MBBS course has been converted from payment seat to free seat against conyerted seat of all India quota and Central quota. The issue involved in this writ petition is squarely covered by the decision of this court in the matter of Rajesh Kumar Agrawal vs. State of Chhattisgarh (Writ Petition No.2482 of 2004) and other connected writ petitions which were disposed of by a common order dated 5-4-2010 and the present petition may also be disposed of in similar terms. Learned Deputy Govt. Advocate appearing for the respondents/State submits that he has no objection if the writ petition is disposed of in terms of the order dated 5-4-2010 passed by this court in the matter of Rajesh Kumar Agrawal (supra), subject'to verification of the facts pleaded in the writ petition. Iri view of the above submissions made by learned counsel for the parties, the instant petition, is also disposed of iri terms of the order dated 5-4-2010 (Annexure P/3) passed in Rajesh Kumar Agrawal (supra) and the petitioners are also entitled to refund of excess amount already paid by them by treating their admission in CIMS against free seat, subject to verification of the facts pleaded in the writ petition. Sd/- Raju Sd/- R.N. Chandrakar Judge