The Principal The Alexandra Girls English Institution And ANR. v. The Presiding Officer School Tribunal At Mumbai And 7 ORS.

bsb 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2745 OF 2015 The Principal, The Alexandra Girls Institution & anr.

... Petitioners v/s The Presiding Officer, School Tribunal at Mumbai & ors.

... Respondents Ms.Rashmi Salien along with Abhishek Sawant i/by Vigil Juris for the petitioners.

CORAM: N.M. JAMDAR, J.

DATED : 23 SEPTEMBER 2015 P.C.:

Not on board. Taken on production board by way of a praecipe.

2.

By order dated 30 June 2015, the School Tribunal, Mumbai has rejected the application filed by the Petitioners taking objection to the jurisdiction to the jurisdiction of the School Tribunal. The objection is taken on the ground that the Petitioner is a Minority Institution and the provisions of Right of Children to Free and Compulsory Education Act, 2009, is not applicable to the Minority Institutions and other grounds.

bsb 2 3.

Learned counsel for the Petitioners submits that the Tribunal has posted the matter on 12 October 2015 for passing a judgment. Considering the stage at which the matter is posed, at present I am not inclined to entertain the petition. It will be appropriate to leave the issue raised by the Petitioners open to be considered, if the petitioner choose to challenge the final order passed by the School Tribunal.

4.

Accordingly, the writ petition is disposed of by keeping the issue regarding the jurisdiction open.

( N. M. JAMDAR, J. )

bsb 3 CERTIFICATE Certified to be true and correct copy of the original signed order.