High Court Of ChhattisgarhWPC/1997/2012allowed

Narendra Kumar Shrivwas And ORS v. State Of C.G. And ORS

2018-07-24Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1997 of 2012

1. Narendra Kumar Shriwas S/o Janak Ram Shriwas, Aged About 47 Years R/o. Qtr. No. LIG 109, Devarikhurd, Police Station Torwa, Bilaspur, District Bilaspur, Chhattisgarh

2. Smt. Sangeeta W/o Narendra Kumar Shriwas, Aged About 41 Years, R/o. Qtr. No. LIG 109, Devarikhurd, Police Station Torwa, Bilaspur, District Bilaspur, Chhattisgarh

3. Devendra Kumar Shriwas S/o Narendra Kumar Shriwas, Aged About 19 Years, R/o. Qtr. No. LIG 109, Devarikhurd, Police Station Torwa, Bilaspur, District Bilaspur, Chhattisgarh ---- Petitioners

Versus

1. State of Chhattisgarh, through the Secretary, Department of Technical Education, D.K.S. Bhawan, Mantralaya, Raipur, District Raipur, Chhattisgarh

2. The Director/Commissioner of Technical Education, Directorate of Technical Education, Govt. Girls Polytechnic Premises, Bairan Bazar, Raipur, Chhattisgarh

3. Principal, Vindhya Institute of Technology & Science, Parastarai, Dharsiwa, Raipur, District : Raipur, Chhattisgarh ----Respondents For Petitioner :

Mr. Dharmesh Shrivastava, Advocate For State :

Mr. Shashank Thakur, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 24/07/2018

1. The relief sought for by the petitioner in the present writ petition is for a direction to the respondents to consider the case of the petitioner for refund of the entire amount of Tuition Fees paid by the petitioners No.1 & 2 so far as the education of the petitioner No.3 is concerned on account of the petitioners No. 1 & 2 having under taken the family planning.

2. The counsel appearing for either side submits that the issue involved in the present case stands squarely covered by the decision of this Court

in WPC No. 1996/2012 decided on 20.07.2018 and since the facts are identical, the present petition also can be disposed of in similar terms.

3. Considering the submissions made by the counsel for the petitioner, the present petition also deserves to be and is accordingly allowed in similar terms as has been passed in WPC No. 1996/2012 on 20.07.2018. As a consequence, the petitioner shall be entitled for refund of the Tuition Fees incurred by the petitioners No.1 & 2 for the education of the petitioner No.3 subject to the petitioner No.3 having under taken his education from a Government Institution.

4. The writ petition accordingly stands allowed and disposed off. Sd/- (P. Sam Koshy) Judge Ved