Jeevika Jayesh Pawar Nee Dipti Ashok Taral v. Principal Of Poddar Brio International School Cbse And ORS

PALLAVI MAHENDRA WARGAONKAR 1 904-WP-17474-2025 (C).doc PALLAVI MAHENDRA WARGAONKAR Date: 2026.02.06 10:31:28 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17474 OF 2025 Jeevika Jayesh Pawar Nee Dipti Ashok Taral

...Petitioner

Versus

Principal of Poddar Brio International School CBSE And Ors.

...Respondents

----------------- Mr. Paramvir G. Narula for the Petitioner.

Mr. A.I. Patel, Addl. G.P. a/w Smt. T.N. Bhatia, AGP for the Respondent - State.

----------------- CORAM : R. I. CHAGLA AND ADVAIT M. SETHNA, JJ.

DATED : 4th FEBRUARY, 2026 P.C.:- 1.

The learned counsel for the Petitioner has tendered an affidavit of service dated 2 February 2026 which shows that the Respondent Nos.1 and 2 have been served by Hamdast and Summons/Notice via bailiff as well as by hand delivery on 29 January 2026, at their respective addresses as set out in the cause title. The bailiff has also submitted report/service of summons to all Respondents via email. The learned AGP appears for the Respondent No.3 - State. The affidavit of service dated 2 February 2026 is taken on record. In spite of service, none appears for the Respondent Nos.1, 2 and 4.

2.

The learned counsel appearing for the Petitioner states that the 1/3

2 904-WP-17474-2025 (C).doc Petitioner's child Pratham Jayesh Pawar has obtained admission to Dayanand Anglo Vedic School (D.A.V. School) in New Panvel. The D.A.V. School's requirement is for school transfer certificate for which the present Petition has been filed seeking direction to the Respondent No.2 viz. Poddar Brio International School CBSE to issue school leaving/school transfer certificate of the Petitioner's child Pratham Jayesh Pawar. 3.

The learned counsel appearing for the Petitioner has referred to an email dated 2 July 2025 addressed by the Respondent No.2 - School which states that the email addressed by the Petitioner regarding issuing school leaving certificate of Petitioner's child Pratham Jayesh Pawar had been received. The Respondent No.4 - father of Pratham Jayesh Pawar had emailed to School requesting the school not to issue the school leaving certificate to the Petitioner.

4.

The Respondent No.2 has accordingly stated that school leaving certificate of the Petitioner's child may be released subject to the following conditions:- 1) Upon receiving the claim of the child custody by any of the parents; 2) Upon mutual agreement regarding issuance of a school leaving certificate.

5.

Considering that the Petitioner's child had obtained admission in D.A.V. School, it would be necessary to implead D.A.V. School as party Respondent in the present Petition.

6.

The Petitioner is permitted to amend the cause title of the Writ 2/3

3 904-WP-17474-2025 (C).doc Petition by joining D.A.V. School, New Panvel as party Respondent No.5. Such amendment shall be carried out forthwith. Re-verification is dispensed with.

7.

The Petitioner upon carrying out amendment shall serve the newly joined Respondent No.5 with the papers and proceedings in the present matter.

8.

As a last chance to the Respondent Nos.1, 2 and 4 who have been served, the Writ petition is being stood over. 9.

It is made clear that if the Respondent Nos.1, 2 and 4 do not make an appearance on the next date, the present Writ Petition shall be heard in their absence and appropriate orders shall be passed. It is noted that there is no prayer which is against the newly joined Respondent No.5. 10.

Stand over to 10 February 2026 High on Board. [ADVAIT M. SETHNA, J.] [R.I. CHAGLA, J.] 3/3