Disposed

Ms. Rutvi Dinanath Chaudhari, through Father, Dinanath Raghunath Chaudhari and Anr. v. Ashoka Universal School, through Principal and Ors.

Bombay HC2 May 2014WP/6654/2013

Case brief

AI extract

What is this about?

Court disposed of petition for transfer certificate endorsement without deciding merits. Respondent offered clean transfer certificate, but petitioner refused to accept it. Petition disposed keeping grievance open for fresh proceedings.

What did the court decide?

Petition dismissed keeping all points open for fresh proceedings. Directions for withdrawal of endorsed certificate obtained.

Ms. Rutvi Dinanath Chaudhari, through Father, Dinanath… — Service and Employment | Bombay HC (2014)

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903-WP-6654-13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 6654 OF 2013

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Ms. Rutvi Dinanath Chaudhari & Anr. .. Petitioners vs. Ashoka Universal School & Ors. .. Respondents

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Mr. Vikas Mahangare with Ms. Bhakti A. Sutar for Petitioners. Mr. R. S. Apte – Senior Advocate with Mr. A. A. Garge for Respondent Nos. 1, 8 and 9. Mr. H. Gursahani I/b. M/s. J. Shekhar & Co. for Respondent No. 4.

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CORAM : ANOOP V. MOHTA AND M. S. SONAK, JJ.

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DATE: May 02, 2014

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P.C . :-

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1] Heard finally in view of urgency and in the interest of Petitioner No. 1, child of Petitioner No. 2, without deciding anything on merits, we are inclined to dispose off the present petition.

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2] Matter was heard on various occasions. Time was granted to

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file consent terms / minutes of order so that the Petitioner's daughter gets clear transfer certificate without any endorsement. The objectionable endorsements for fresh admission in school are as under :

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“22. Reason for leaving the School : TERMINATED

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BECAUSE OF PARENTS.

Any other remarks : INDECENT & ILLEGAL BEHAVIOUR.”

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3] Consent terms are prepared and tendered by the learned counsel appearing for Respondent No. 1, the same are reproduced herein below:

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“1. The Respondent No. 1 hereby withdraws the transfer certificate and termination letter dated 21/6/2013 and shall issue fresh transfer certificate dated 30.4.2014 in favour of Miss Rutvi Dinanath Choudhari without any adverse remark.

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The Petitioner shall take admission in any

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other school and shall not take admission in Respondent No. 1 School for the education of Rutvi Dinanath Choudhari any time hereafter.”

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The Petitioner is at liberty to file appropriate proceedings before appropriate fora for rest of the issues raised in the Petition. All rights and contentions of the parties are kept open in such case.

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The petition stands disposed of in view of

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above consent / minutes of order with no Orders as

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to costs.”

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It is necessary to note that the consent terms are signed by the Respondent No. 1 and its Advocate only. The Petitioner for unknown reasons is not willing to sign the above consent terms / minutes of order.

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4] Respondent No. 1 has produced a new, without any endorsement, original transfer certificate, the same is taken on record and marked 'X'. The Petitioner is not willing to accept the said transfer certificate.

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5] Learned counsel appearing for the Petitioner, on instructions of the Petitioner No. 2, who is present in Court, wants further time even to accept this transfer certificate without endorsement.

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6] In view of this, at this stage, we are not inclined to grant any time to the Petitioner.

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7] Therefore, in the interest of justice and especially considering

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the interest of child, we are inclined to dispose of the present writ

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petition by keeping all points open for the parties including to reagitate in appropriate forum / court / proceedings dealing with the referring to compensation / defamation and / or other related issues including by filing a fresh petition in the High Court, if so advised.

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8] Petitioner to take steps for admission of his daughter in any other school at any time. The Petitioner by an appropriate application at any time apply / withdraw original transfer certificate, which is placed on record of this Court.

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9] The Petition is disposed of with liberty, as recorded above. No

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costs.

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(M. S. SONAK, J.) (ANOOP V. MOHTA, J.)

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Chandka

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Ms. Rutvi Dinanath Chaudhari, through Father, Dinanath Raghunath Chaudhari and Anr. v. Ashoka Universal School, through Principal and Ors.

Case brief

What is this about?

What did the court decide?

Ms. Rutvi Dinanath Chaudhari, through Father, Dinanath Raghunath Chaudhari and Anr. v. Ashoka Universal School, through Principal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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