JAYSHREE VIJAY MUNDAWARE Vs. THE PRINCIPAL/HEAD MISTRESS OF ASHOKA UNIVERSAL SCHOOL CHANDSI/WADALA AND ORS.

JUDGEMENT

(1.) Main punctum is maintainability of the writ petition against an unaided private minority educational institution/school, at the instance of parents, whose children are expelled/debarred from the school/college of such institution, because of stated misbehaviour and/or bad behaviour of the mother/father/child's relative and/or for nonpayment of disputed enhanced fee/payment. If yes, entitlement of reliefs on merit.

(2.) The Petitioner's son Master Pavan, aged about 12 years, was admitted to Respondent No.1School ("the school") in June 2010 in Grade II. Her daughter Ms. Rutuja, aged about 16 years, was admitted to the Respondent School in June 2012 in Standard IX. The School terminated the admission of both the children unilaterally by issuing them Transfer Certificates'/'Leaving Certificates' on 03/06/2013 with an accompanied letter also to Respondent Nos. 2, 3 and 4 respectively. On this certificate the reason for leaving the school was mentioned as "terminated because of parents indecent & illegal behaviour". The conduct of the children was expressly stated to be "Satisfactory".

(3.) Prior to this, the Petitioner, as stated, had along with other parents, objected to the stated unreasonable and illegal hike in fees by the School. That had resulted into nonpayment of fees also. The Petitioner requested the Management and staff of the School to provide the structure of fees so proposed to be charged.