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SAROJ SHARMA, ARUN KUMAR GOEL
Prem Seth – Appellant
Versus
Indira Gandhi Medical College and Hospital, Shimla – Respondent


Advocates:
Counsel for the Parties:
For the Appellants:Mr. Sanjay Judge, Advocate.
For the Respondents: Mr. S.D. Vasudeva, ADA.

ORDER

Arun Kumar Goel(Retd.) President—We have taken up these appeals together since identical questions of law and fact are involved therein.

2. Facts are by and large admitted and are being briefly noted which are relevant for the disposal of these appeals. Admittedly, appellant No. 2 in all the three cases applied for the MBBS course under NRI quota during the year 2004-05 in response to the prospectus issued by the Himachal Pradesh University, Shimla. Appellant No. 1 in all these appeals are the parent of respective appellant No. 2 in each appeal.

3. It is further admitted case of the parties that NRI seats are filled in on payment in foreign currency or its equivalent amount in Indian currency. All the three appellants were admitted after they had paid the amount in question.

4. It appears that these appellants got admission against free seats elsewhere, as such they left the college mid-way and requested the Authorities that they want to discontinue their studies to MBBS course against the NRI seats against which seats they were admitted on payment of the amount as aforesaid. Since appellants were leaving the college, they also applied for the amount which was deposited by the

































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