JUDGMENT :

Kshitij Shailendra, J.

Heard Shri Anurag Sharma, learned Advocate, holding brief of Shri Avanish Mishra, learned counsel for the petitioner, learned Standing Counsel appearing for State-respondent and Shri Nipun Singh, learned counsel appearing on behalf of respondents 2 and 3.

2. The petitioner took admission in the M.B.B.S. Course run by the respondent-college in the academic year 2002-03 and deposited the fees as per the structure laid down by the college. It appears that 64 students, identically placed as that of the petitioner, claimed refund of excess fees deposited by them in reference to the certain Government orders, etc. When the fees was not refunded by the college, the said 64 students filed Writ-C No. 12333 of 2004 (Abhishek Kadian and others v. State of U.P. and others). Learned Single Judge of this Court, by a very detailed judgment, allowed the writ petition alongwith connected matter with following directions:

''Both the writ petitions are consequently allowed. The Subharti KKB Charitable Trust Meerut and Subharti Medical College, Meerut are held entitled to charge the college fees of payment seats of the student admitted in 2002-03 academic session and for