Disposed

Vandana Harish Kharat v. the Principal, Bhandup People Education Society Bhandup

Bombay HC6 Jul 2012CONPP/1/2017

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay directed an educational society to release mark-sheets and School Leaving Certificates. For two other students, the court allowed continuation of studies on reduced fees. The court mandated instructions for junior college admissions within two days and fixed a future hearing date.

What did the court decide?

Release of mark-sheets and School Leaving Certificate; continuation for two students on Rs.350/month fee; admission instructions to DHE within two days; listing for further hearing on 6 August 2012.

Vandana Harish Kharat Vs the Principal, Bhandup… — Education and Admissions | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

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ORDINARY ORIGINAL CIVIL JURISDICTION

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CONTEMPT PETITION (LODGING) NO.60 OF 2012 IN PUBLIC INTEREST LITIGATION NO. 26 OF 2011

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Mrs. Vandana Harish Kharat ...Petitioner v/s. The Principal Bhandup People Education Society, Bhandup, Pratap Nagar, Mumbai. ...Respondent

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Ms.Gayatri Singh with Mr.Kranti L.C. for the petitioner & review petitioner.

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Mr. C.K. Thomas for respondent Nos.1 and 2 in Review Petition and for respondent Nos.1 and 4 in PIL.

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Mr. Deepak Chitnis for Respondent No.2 in PIL. Mr.Sagar Batavia i/b Mr.A.G.Kothari for Respondent No.3 in PIL. Mr.D.V.Sutar for Respondent No.5.

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Mr.B.Mohidin for Respondent No.6.

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Ms. Geeta Shastri, Assistant Government Pleader with Mr.D.A.Nalawade, Government Pleader for State.

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CORAM: MOHIT S. SHAH, C.J. & N.M. JAMDAR, J.

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Friday, July 6, 2012

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P.C.

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Having heard Ms.Gayatri Singh, the learned counsel for the petitioners and the learned counsel for respondent-the Principal, Bhandup People Education Society, we direct that the respondent-school shall release the mark-sheets and School Leaving Certificate of Aparna

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Harish Kharat. The mark-sheets and School Leaving Certificate shall be released by tomorrow. This order is passed without prejudice to the rights and contentions of the school management.

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As regards the grievance being made on behalf of 2 other students Priyanka Kamble and Sanket Kamble by the learned counsel for the petitioners, the learned counsel for the school-management submits that if these students are ready to pay the school fees of the current academic year onward, the school management is ready to consider to give them concession for payment of arrears for the years 2007-08 till 2011-12.

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Since the question is linked with the liability of the State Government to reimburse the fees of the students belonging to Scheduled Castes, Schedule Tribes, Vimukt Jati and Nomadic Tribes categories as well as the liability under the interim order dated 28 April 2011, the matter will require further hearing.

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As regards the 2 students Priyanka Kamble and Sanket Kamble, the learned counsel for the petitioners has placed on record a statement indicating the occupation of the parents of the 2 students. As per the said statement, the occupations of the parent of the students is a labourer.

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It is the case of the petitioner that looking to the occupation of the parent, parents of these two students are not in a position to pay tuition fees at the rate of Rs.650/- per month per student. If appropriate

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interim arrangement is not made, the school-management is not ready and willing to continue these students in their school. Having regard to the options which were recommended by the committee constituted under the Government Resolution dated 18-2-2010, which report has not been accepted by the State Government, in the peculiar facts and circumstances of this case and particularly in order to ensure that these students are permitted to continue their studies, we are of the view that these 2 students, whose names are given in the statement produced today by the learned counsel for the petitioner, shall be permitted to continue their studies in respondent No.1-school on payment of Rs.350/per month per student till further orders. This direction is given without prejudice to the rights and contentions of the parties and subject to the adjustment against payment which 2 students may be required to pay in future.

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As far as one student, whose mark-sheet and School Leaving Certificate are to be released by tomorrow as per the above direction, are concerned, the Director of Higher Education shall issue suitable instructions to the Centralized Admission Committee for admission to junior colleges and also to the concerned junior colleges where the students would have been admitted if the mark-sheets and School Leaving Certificate had been released in time, being Upadhyay Vidyamandir Junior College, Vikroli. Such instructions shall be issued by the Director of Higher Education within two days of receipt of this order.

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This petition as well as the contempt petition against the State Government and the main Writ Petition shall be listed for hearing on 6 August 2012.

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All parties to act on an ordinary copy of this order duly authenticated by the Associate of this Court as a true copy.

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CHIEF JUSTICE

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(N.M. JAMDAR, J.)

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Vandana Harish Kharat v. the Principal, Bhandup People Education Society Bhandup

Case brief

What is this about?

What did the court decide?

Vandana Harish Kharat v. the Principal, Bhandup People Education Society Bhandup

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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