SUSHIL KUMAR BANCHHOR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioners seek a direction to the respondents to exempt the petitioner No. 3, who is the son of petitioner No. 1 and 2, from payment of tuition fee and further to refund the entire amount of tuition fee paid by the petitioner No. 1 in respect of petitioner No. 3 with interest at the rate of 17% per annum.

(2.) The facts, in brief are that the petitioner No. 1 and 2 are the parents of petitioner No. 3, who was admitted to Government Engineering College, RAipur. The petitioner No. 1 and 2, on account of undergoing family planning operation were granted green card. Thus, the petitioner No. 3 became entitled to exemption from payment of tuition fee in engineering course, under the circular dated 30.11.1989. The grant of exemption from payment of tuition fee for medical/engineering colleges is also provided clearly in the green card (Annexure P/1). The petitioner No. 3 made a representation to the respondent No. 3 on 16.6.2011 (Annexure P/2) for exemption from payment of tuition fee and to refund the amount paid earlier. The said representation was forwarded to the Commissioner-cum-Director, Directorate, Technical Education, Raipur on 22.06.2011 (Annexure P/4). The petitioner No. 3 also sought certain information from the Public Information Officer, of the respondent No. 2 on 15.07.2011 upon which it was informed that order dated 27.09.2010 passed in W.P.(C) No. 7222 of 2009, was in respect of the MBBS course, thus, it was applicable for that case only.

(3.) Shri Sahu, learned counsel appearing for the petitioners submit that the petitioner No. 3 is entitled to exemption from payment of tuition fee under the provisions of green card, the benefit of which is not being extended to the petitioner No. 3. He further submits that in an identical case, i.e. Dr. (Major) Thakur Ajit Singh & Others v. State of Chhattisgarh & Others. Thus, this petition may also be allowed in the same terms.