Bombay High Court
Miss. Sharvari Bagde, (Minor) ... vs State Of Maharashtra, Ministry Of ... on 16 September, 2021
Bench: S.B. Shukre, Anil S. Kilor
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.3385 OF 2021
Miss Sharvari Bagde (Minor)
Aged about 15 years, Occ. Student,
Represented by Babarao S/o Santoshrao
Bagde (Father & Guardian of
Miss. Sharvari Bagde)
Occu- Artist, Aged about 52 years,
R/o C/o Sudhakar Joge, Plot No.19,
Sheshnagar, Kharbi Road,
Nagpur 440 024 ..... PETITIONER
// VERSUS //
1. State of Maharashtra,
Ministry of School Education,
through its Secretary, Mantralaya,
Churchgate, Mumbai 400 020.
2. Education Office (Secondary)
Nagpur Division, Zilla Parishad,
Nagpur
3. Central Board of Secondary
Education (CBSE), through its
Chairman, Shiksha Kendra-2
Community Centre, Preet Vihar,
Delhi-110 092
4. Ryan International Group of
Institution, through its Chairman,
Ryan International Central Office,
1st Floor, 90 feet road, Opp. Kanakia
Sanskruti, Thakur Complex, Asha
Nagar, Kandivili (East),
Mumbai 400 101
5. St. Xavier's High School,
Through its Principal
Plot No. 3372/A Vyenkatesh Nagar,
Hiwri Nagar, Nagpur 440 035 ...RESPONDENTS
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Ms. Gauri Venkatraman, Advocate for petitioner
Ms. K.S. Joshi, GP for respondent Nos.1 and 2
Mr. P. S. Chawhan, Advocate for respondent No.3
Mr. W.T. Mathew, Advocate for respondent Nos.4 and 5
________________________________________________________________
CORAM : SUNIL B. SHUKRE AND
ANIL S. KILOR, JJ.
DATE : 16th SEPTEMBER, 2021.
ORAL JUDGMENT: [PER:SUNIL B. SHUKRE, J.]
Heard.
2. Rule. Rule made returnable forthwith. The matter is heard
finally with the consent of the learned counsel for the parties.
3. The learned counsel for the petitioner, on instructions,
submits that the petitioner has undertaken to pay the entire fee in
installments out of which, the petitioner would be depositing the
amount of Rs.11,000/- towards payment of the outstanding fee and
the remaining amount would be deposited by the petitioner in
another six months with the expectation that the amount of
Rs.18,000/-, which the petitioner has paid to the school at the time
of securing admission of his child, would be allowed to be adjusted
by the school management against the outstanding balance of the
fee.
2wp3385.2021(JUD).odt
4. Learned counsel for the respondent Nos.4 and 5 submits that
on depositing amount of Rs.11,000/- tomorrow, the school would
be issuing transfer certificate to the petitioner's child and would also
deliver the Mark-list once the Mark-list is received from the CBSC
Board. He informs this Court that as of now the CBSC Board has
not sent the Mark-list of the petitioner's child to the school. He also
assures that the school management would give appropriate
discount to the petitioner considering the fact that the petitioner is a
'flute artist'.
5. In view of above, we allow the petition on the following
terms:
i. The amount of Rs.11,000/- shall be deposited by the
petitioner with the school latest by 17.09.2021.
ii. The remaining amount of the balance fee shall be
deposited by the petitioner in next six months from the date
of the order.
iii. The school management shall give appropriate discount
to the petitioner from the outstanding amount of the fee
payable by the petitioner to the school and this discount, in
our view, may not be less than 40% of the outstanding
balance of fee, as a special case, considering the facts and
2wp3385.2021(JUD).odt
circumstances peculiar to this case, which concession shall
not be treated as precedent for the future cases.
iv. Transfer certificate shall be issued to the child of the
petitioner immediately on depositing the amount of
Rs.11,000/- by the petitioner with the school.
v. The Mark-list shall be delivered immediately to the
child of the petitioner on its receipt by the school
management from the CBSC Board.
Rule accordingly. No costs.
JUDGE JUDGE
nd.thawre
