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Bombay High CourtWP/1287/2018disposed off

Latha D. Hegde v. The Secretary, Maharashtra State Commission For Protection Of Child Rights

2018-04-13Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Shri Justice B.R. Gavai2 pages

(8)-WPL-1166-18.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1166 OF 2018 Latha D. Hegde ..Petitioner

Versus

The Secretary, Maharashtra State Commission for Protection of Child Rights ..Respondent Ms. Radhika Samant, Advocate for the Petitioner. None for the Respondent.

CORAM : B. R. GAVAI & SMT. BHARATI H. DANGRE, JJ.

DATE : 13th APRIL, 2018 P.C.

1] By the present Petition, the Petitioner seeks direction to the sole Respondent - Maharashtra State Commission for Protection of Child, Mumbai, to take a final decision in respect of recommendation that was made in its order passed on 29th January 2018. The grievance raised by the Petitioner is that a period of almost two months have lapsed, but the Commission has not passed any order and though the application was filed by the Petitioner under the Right to Information Act, a reply is received intimating the Petitioner that the said application is pending and would be adjudicated.

The specific contention of the Petitioner is that her son was BGP.

(8)-WPL-1166-18.doc.

studying in Vasant Vihar High School & Junior College, Thane (W) since 2006 when he was admitted in Nursery class. All of sudden in 2014, the school disallowed Master Dravith from attending the classes. Being aggrieved by the said action, the Petitioner had approached the Commission. The Commission had called for reply from the school and on receipt of the reply, placed the matter for final recommendation. The matter is kept pending by the Commission for last two months and hence the Petitioner has filed present Writ Petition. Since stand of the school is on record, there is no legal impediment for the Commission taking a decision on the said application. In view of the peculiar facts and circumstances, the RespondentCommission is directed to decide the said application finally and adjudicate the claim in respect of the son of the Petitioner within a period of four weeks from today. With these directions, Writ Petition is disposed of.

[SMT. BHARATI H. DANGRE, J.] [B. R. GAVAI, J.] BGP.