Hon'ble AMBWANI, ACTG. C.J.—We have heard learned counsel appearing for the parties.

2. This intra-court appeal is directed against the judgment and order of learned Single Judge dated 16.09.2013, by which he has allowed the writ petition, and has held that the seat could not have been given to Kumari Urvashi Gochar-respondent No.4, a female Special Backward Class (for short, 'SBC') candidate, pursuing her studies on a free seat in Government Medical College, Kota, as Mukesh Kumar-the petitioner was higher in merit, and was entitled to the free seat in Government Medical College, Kota. In the second round of counselling, he was given admission on a paid seat in Jhalawar Medical College. A direction was issued to refund the differential amount, between the paid seat and the free seat, to Shri Mukesh Kumar-the petitioner.

3. The facts, giving rise to the writ petition, were that, for admission in the Government and private Medical Colleges in the State of Rajasthan for the year 2011, for which the Rajasthan University of Health & Sciences had conducted the examination and counsellings, a total number of 936 seats were available, out of which 689 seats were free seats in the Government

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