An interlocutory order in an admission dispute where the court disposed of a civil application after the management extended the fee instalment deadline for two weeks, subject to the final hearing of the writ petition, citing a prior judgment on discontinuing students for non-payment.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION No. 2025 OF 2015
IN
WRIT PETITION NO.5004 OF 2015
Mahesh Sidram Hankare
… Applicant/ (Original Petitioner No.12)
In the matter between: Vijay S. Dhavale & ors. .... Petitioners vs The Headmistress, PM’s International School (ICSE) and ors .... Respondents
Mr. Vinamra Kopariha for the Applicant.
Mr. Vijay M. Thorat with Ms. Pooja Thorat for respondents 1 and 2. Ms.S.S. Bhende, AGP for respondents 4, 6 and 8. Adv A.S. Kaningdhraj I/by Mr. S.V. Marne for respondent No.5.
CORAM: ANOOP V. MOHTA AND
A. A. SAYED, JJ.
DATE : September 29, 2015
ORDER:
The learned counsel appearing for the
Petitioners/Applicants, on instructions from the parents who are present in Court, makes statement that all 42 students/children
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have been permitted to attend the classes from today. They also make statement that they will continue to make the payment of fee as per the instalment already provided. They require further two weeks time for payment of this instalment. The learned counsel appearing for the management, on instructions, makes statement that considering the submission and in the interest of students/parents, they are extending the time for two weeks for the payment of the instalment in question. It is made clear that the parents, without prejudice to their rights and contentions, require to make the payment/instalment regularly to avoid further complication in the matter. It is made clear that this arrangement will be subject to final hearing of the Petition and adjustment, if any.
2 The Respondents/Statement Government to file reply, if
not already filed with details and mechanism/procedure they have adopted to control and/or to check the fixation of the fees by the management, including minority institutions.
3 There is no question of discontinuing the students for want of instalments/balance of fees in view of our judgment in Writ
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Petition No.5378/2013-Jayashree Vijay Mundaware v. The Principal/Head Mistress of Ashoka Universal Schol,
Chandsi/Wadala, Nashik and ors. dated 21.07.2015.
No costs.
this order.
(A. A. SAYED, J.) (ANOOP V. MOHTA, J.)
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CERTIFICATE
Certified to be true and correct copy of the original signed Judgement/Order.
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Colour shows how this judgement treated each authority
Writ Petition No.5378/2013-Jayashree Vijay Mundaware v. The Principal/Head Mistress of Ashoka Universal Schol, Chandsi/Wadala, Nashik and ors. dated 21.07.2015Referred¶26
Vijay S. Dhavale & ors.
Mahesh Sidram Hankare
The Headmistress, PM’s International School (ICSE) and ors.
A. A. Sayed
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
