Svojas Sameer Bhosale Since Minor Thr Father Sameer Bhosaleand ORS v. State Of Maharashtra And ORS

by HEMANT CHANDERSEN SHIV Date:

2022.07.13 13:09:23 +0530 HEMANT CHANDERSEN SHIV 902.aw4849.21.doc Shiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4849 OF 2021 Svojas Sameer Bhosle, Since Minor Through father Sameer Bhosle & Ors.

... Petitioners

Versus

The State of Maharashtra & Ors.

... Respondents Ms. Pooja Thorat with Mr. Amar Bodke for the Petitioners. Mr. S.B. Kalel AGP for the Respondent-State.

Mr. Mayur Khandeparkar with Swathi Agrawal i/b Ms. Ketki Gadkari for Respondent Nos.2 and 3.

Mr. Mihir Joshi for Respondent No.4 - CBSE.

CORAM : S. V. GANGAPURWALA & S. M. MODAK, JJ.

DATED : 7TH JULY 2022 P.C. :

1.

We have heard learned counsel for the Petitioners, learned AGP for the State and learned counsel for the Respondents. 2.

The dispute appears about payment of the tuition fees and AMC. The learned counsel for the Respondents have submitted a chart about respective fees payable.

3.

It is submitted that many of the Petitioners have left the school. The grievance of the Respondent-school is that many of the Petitioners, who have left the school have left it without paying tuition fees so also AMC. The Petitioners who have paid the tuition fees are permitted to join the school and they have to pay tuition fees for the current year. According to 1/2

902.aw4849.21.doc the Petitioners, the Petitioner Nos. 6 to 11 have paid fees for current year and for the second quarter they have to pay fees by 10th July 2022 which the Petitioners will comply.

4.

Forum is provided for redressal of grievance, namely, Grievance Redressal Forum.The Petitioners may approach said forum as may be permissible under the law. It is submitted that the examination is schedule and one paper is finished i.e. unit test.

5.

The Petitioners have remedy before the Grievance Redressal Forum and the Petitioners to approach that forum within 15 days from today. By way of equity we pass the following order :

(a) The Petitioners are required to deposit tuition fees for the year 202122 and current fees as may be applicable. (b) The Petitioners attending the school shall also deposit 50% of the amount towards AMC. Upon deposit of the said amount the Respondent shall allow the said Petitioners to attend the school and appear for the exams subject to further grievance before the Grievance Redressal Forum. 6.

With these observations the Writ Petition is disposed of accordingly. No costs.

(S. M. MODAK, J.) (S. V. GANGAPURWALA, J.) 2/2