1 CGHC010091422020 2026:CGHC:35699 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1086 of 2020 Dr. Prashant Jagat S/o Shri Marut Mahendra Singh Jagat Aged About 28 Years Chhattisgarh Institute Of Medical Sciences, Bilaspur R/o Village Polmi, Darrapara, Post Office Silli, Parsada, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ... Petitioner versus 1 - The State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Mantralaya, Atal Nagar Nawa Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Director Of Medical Education Old Nurses Hostel, Dks Bhawan Premises, Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Dean Chhattisgarh Institute Of Medical Sciences, C. G. Govt. Bilaspur District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ... Respondents For Petitioner : Ms. Madhunisha Singh, Advocate For State : Mr. Dharmesh Shrivastava, Dy. Govt. Advocate 2 Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 12.08.2026 1. Petitioner has filed this writ petition seeking following reliefs:- “10.1 The Hon’ble High Court may kindly be pleased to direct the Respondents to produce all the relevant records for its perusal. 10.2 The Hon’ble High court may kindly be pleased to direct the Respondent authorities to refund the entire tuition fee with 18% interest pa to the petitioner. 10.3 Any other relief, as the Hon’ble High Court just thinks fit and proper, may also be granted with cost of the petitioner no. 2 to the limited extend they are sought to be applied retrospectively so as to deprive the petitioner of the benefit of exemption/refund of tuition fee under the Government Circular dated 30.11.1989, and consequently direct the respondents to extend the said benefit to the petitioner along with all consequential monetary benefits including refund of tuition fee with applicable interest. 10.5 Any other relief or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also kindly be granted in favour of the petitioner.” 2. Learned counsel for the petitioner submits that the parents of petitioner has under gone sterilization, pursuant thereto Green Card was issued to them on 22.09.1993 by the Public Health and Family Welfare Department, State of Madhya Pradesh. Under the Green Card scheme the family including the husband, wife and children are being provided free medicines and medical facilities along with other benefits which have been provided under the Green Card. It is also mentioned of free medical and engineering education benefits under the Green Card is 3 also published on the last page of Green Card itself. Copy of which is filed as Annexure P-1. 3. She further submits that petitioner took admission in the MBBS Course in the academic session of 2011-12 and have completed the same in the year 2017. Petitioner when was not provided the benefit of the free education and respondent authority have not refunded the fees charged, petitioner has filed writ petition. She also submits that earlier this Court in many writ petitions have passed an order directing the State Government to extend the benefit as provided under the Green Card and to refund the amount of tuition fee as mentioned in the Green Card. Some of the orders passed in writ petition was put to challenge in writ appeal which too was dismissed and the SLP filed by the State against the order passed in writ appeals also came to be dismissed. The case of petitioner is covered with the decision in case of State of Chhattisgarh and Ors. Vs. Dr. (Major) Thakur Ajit Singh and Others in Writ Appeal No. 42/2011 decided on 04.04.2014. 4. Learned counsel for the State opposes the submission made by learned counsel for the petitioner and would submit that in return, stand is taken that the scheme of Green Card has been closed vide circular dated 30.07.2014(Annexure R/1) and thereafter the benefits to be given under the Green Card is also stopped vide circular dated 14.07.2017 (Annexure R-2). The writ petition is filed only on 13.03.2020 therefore, the petitioner is not entitled for the benefit as mentioned in the Green Card. He also submits that the writ petition is filed with delay and therefore, no relief as prayed for can be granted. 4 5. I have heard learned counsel for the parties and also perused the documents enclosed along with this writ petition along with the pleadings made in the writ petition as also the reply. 6. The issuance of the Green Card to parents of the petitioner is not specifically disputed in reply filed by the respondent – State. The only objection raised by the respondent – State is that the scheme itself has been closed vide circular dated 30.07.2014 and further the benefits pursuant to the Green Card as mentioned therein as also been stopped vide circular dated 14.07.2017. 7. It is not in dispute that the petitioner took admission in MBBS course in the academic year 2011-2012. On the said date there was no circular either of stopping the scheme of Green Card or stopping of the benefits which are mentioned in Green Card issued to the parents of petitioner. 8. Division Bench of the High Court while considering the writ appeal filed by the State challenging the order passed in writ petition extending benefit of Green Card to the petitioner therein had dismissed the writ appeal observing as under:- “13.The writ Court has relied on earlier decision of Suraj Prasad Gupta Vs. The State of Chhattisgarh and others reported in 2012 (4) CGBCLJ 152 wherein it was held as under in paras -15 and 16. “15. In the circular dated 30.11.1989, it is clearly provided that if a woman has performed sterilization operation after two children, she would be given the green card. The fact that the wives of the petitioners have undergone sterilization operation after two children is not in dispute. Thus, even if the green card was not 5 given, which she was entitled to, the petitioners are equally entitled to the reliefs as provided under the aforesaid circular. Out of several reliefs, one is two years age relaxation, preference in reservation and 5% concession in interview. The petitioners are claiming age relaxation on account of the above-stated facts, which they are entitled to. 16. In view of the above-stated facts and circumstances of the case, if the petitioners, after granting two years age relaxation, come within the prescribed age limit, the petitioners are to be allowed for participation in the selection process for appointment, thereon, in accordance with law and on its own merits.”” 9. The order passed in the writ appeal is put to challenge by the State in Special Leave to Appeal which was dismissed vide order dated 28.09.2015 in Special Leave to Appeal (c) bearing CC No. 17596/2015. Copy of which is filed as Annexure P-8. 10. In the aforementioned facts of the case, where the parents of the petitioner after undergoing the sterilization, the Green Card was issued to them in the year 1993 and under the Green Card, benefits to be provided is mentioned, which clearly mentions about the benefit of free medical and engineering education. 11. It is not in dispute that the petitioner has completed his MBBS course in the year 2017. Therefore, I am of the considered view that the petitioner’s case is also covered with the decision passed in Writ Appeal No. 42/2011. 6 12. Accordingly, the writ petition is allowed. Respondent-State is directed to refund the tuition fees of the petitioner after verifying the facts of issuance of the Green Card. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Alfiza JUDGE ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.08.13 18:11:53 +0530