The Dadar Parsee Youths Assembly Trust ... vs The State Of Maharashtra And Ors
2024 Latest Caselaw 2971 Bom

Bombay High Court

The Dadar Parsee Youths Assembly Trust ... vs The State Of Maharashtra And Ors on 31 January, 2024

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         ORDINARY ORIGINAL CIVIL JURISDICTION

                             WRIT PETITION NO.2329 OF 2002
The Dadar Parsee Youths Assembly and Ors.                        .. Petitioners
                   Vs.
The State of Maharashtra,
Through Department of School Education and Ors.                  .. Respondents

Mr. Piyush Raheja, with Ms. Pooja Kothari, Mr. Shamant Satiya and Mr. Tejas Popat, i/by Rashmikant & Partners, for the Petitioners. Mr. Mohit Jadhav, Addl. G.P. for Respondent Nos.1 and 2-State of Maharashtra.

Ms. Manisha Jadhav, i/by Mr. A.L. Gore, for Respondent No.3.

CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ DATE : 31ST JANUARY, 2024.

P.C. :

1. The challenge raised in the present writ petition is to the communication dated 1st August 2002 that has been issued by the 2 nd respondent - Deputy Director of Education by which the petitioners have been restrained from collecting various amounts under the heads such as admission fees, computer fees, laboratory and library fees etc. Consequentially, the petitioners have been asked to refund an amount of Rs.17,17,570/-.

2. Pursuant to the order dated 17th January 2024, an affidavit has been filed on behalf of the petitioners in which it has been stated that the impugned communication has been issued pursuant to the Government Resolution dated 22nd July 1999. The said resolution was the subject matter of challenge in Association of International Schools and Principals Foundation and Anr. Vs. State of Maharashtra and Anr., (2010) 6 Mah.L.J.

5-WP-2329-2002.doc Dixit

816. By the Judgment dated 1st September 2010, the said Government Resolution dated 22nd July 1999 as well as Government Resolution dated 15th July 2010 have been set aside. It is, therefore, stated that since the Government Resolution on the basis of which the impugned communication dated 1st August 2002 was issued has been struck down, the impugned communication is also liable to be quashed.

3. The learned AGP for respondent nos.1 and 2 to file an affidavit indicating it's stand in the light of the Judgment of this Court in Association of International Schools (supra). If the basis of issuing the impugned communication dated 1st August 2002 does not survive, then the prayers made in the writ petition are liable to be granted.

4. Put up under the caption of "Directions" on 13th February 2024 to enable the learned AGP to file such affidavit.

[ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J. ]

5-WP-2329-2002.doc Dixit