JUDGMENT :

Ravi Nath Tilhari, J.

1. Heard Sri Birendra Pratap Singh, learned counsel for the petitioner, learned Standing Counsel for respondents-1 and 3 and Sri Mahendra Pratap, learned counsel for respondent-2.

2. The present writ petition has been filed by the petitioner for the following reliefs:

"(a) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to take admission in 1st year M.B.B.S. Course 2017-18 in the allotted college of respondent No. 3 namely T.S. Mishra Medical College and Hospital Lucknow (Private) Co-Education which is allotted in second counseling held by respondent No. 2.

(c) Issue a writ order or direction in the nature of mandamus for refunding the counseling fees of Rs. 2 lakh to the petitioner deposited to the D.G.M.E.&T, Lucknow through D/D.

(b) Issue any other appropriate writ, order or direction which this Hon'ble Court may deems fit and proper in the demand of justice.

(c) Allow the writ petition with cost."

3. The facts of the present case are that the petitioner appeared in National Eligibility cum Entrance