Master Sushant Sarawgi v. Chairman Central Board Of Secondary And ANR.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No.809 of 2013 Master Sushant Sarawgi, aged about 15 years, through natural guardian (Father) Satish Kumar Sarawgi, son of Shyam Sunder Sarawgi, aged about 48 years, resident of Shanti Nagar, Champa, District-Janjgir-Champa, Chhattisgarh, P.S. Civil & Revenue Distt. Janjgir-Champa ---Petitioner

Versus

1. Chairman Central Board of Secondary Education, Divisional Office, Central Board of Secondary Education, 6th Floor, Alok Bharti Building, Shaheed Nagar, Bhuneshwar (Orissa)

2. Hasdeo Public School, through its Principal Hasdeo Public School, Lachhanpur, Champa, District Janjgir-Champa, Chhattisgarh ---Respondents For Petitioner :

Mr.Shobhit Koshta, Advocate For Respondent No.2 :

Mr.Sunil Otwani, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 28/06/2018

1. Learned counsel for the petitioner would submit that the petitioner was denied for admission on 10th standard by respondent No.2 and as such, his rights have been violated, therefore, he is entitled for damages.

2. I have heard learned counsel for the petitioner.

3. Question of damages cannot be decided by the writ Court and it can appropriately be considered by the jurisdictional civil Court. Therefore, the petitioner is at liberty to claim damages in the competent jurisdictional civil Court and as such, the relief claimed in clause 10.1 cannot be granted in

this writ petition. Even otherwise, damages have not been claimed in this writ petition.

4. Accordingly, the writ petition is disposed of. No cost(s). Sd/- (Sanjay K. Agrawal) JUDGE B/-