1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 5985 OF 2007 (Krupal Ashok Pardhi .v. Director of Medical Education and another) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : D.D. SINHA AND PRASANNA B. VARALE, JJ. 15TH SEPTEMBER, 2008 Heard Shri Anand Parchure, the learned Counsel for the petitioner, Shri N.W. Sambre, the learned GP for the respondent No.1 and Shri Shashank Manohar, the learned Counsel for the respondent No.2. The grievance of the petitioner in the present writ petition is in respect of refund of fees for academic session 2007-2008 insofar as the BDS first year is concerned. The learned Counsel for the petitioner states that the petitioner was given admission in the first year of BDS in respondent No.2/College with effect from 27.09.2007. At the later point of time, the petitioner made a request for transfer of his seat from respondent No.2/College to another College at Pune. The request was granted and the admission of the petitioner was cancelled on 17.10.2007. It is submitted that since 2 the petitioner's admission was cancelled in respondent No.2/College, the petitioner is seeking the refund of fees paid to respondent No.2/College for BDS first year for academic session 2007-2008. Shri Shashank Manohar, the learned Counsel for the respondent No.2/College submitted that since admission of the petitioner was cancelled after 30.09.2007, in view of the judgment of the Supreme Court, the respondent No.2/College is not entitled to fill up the said seat and in such a situation, the petitioner, therefore, is not entitled for refund of fees paid to the respondent No.2/College since the said seat shall remain vacant throughout the academic session. In the backdrop of the above referred facts, the contention canvassed by the learned Counsel for the petitioner, in our view, is devoid of substance. However, the learned Counsel for the petitioner states that the respondent No.2/College has admitted a student in the vacancy created because of shifting of his seat after 30.09.2007. In that view of the matter, it is open for the petitioner to approach Pravesh Niyantran Committee for redressal of his grievance provided the respondent No.2/College has filled up the vacancy created because of shifting of the seat of the petitioner after 30.09.2007. With these observations, writ petition is 3 disposed of accordingly. JUDGE JUDGE *rrg.