Rekha vs Guru Harikishan Public School & ...
2012 Latest Caselaw 160 Del

*          IN THE HIGH COURT OF DELHI AT NEW DELHI

+            W.P.(C) 6091/2011 and C.M. No12308/2011


                                             Decided on: 9th January, 2012
IN THE MATTER OF
REKHA                                                ..... Petitioner
                         Through : Mr. Ashok Aggarwal, Adv. with
                         petitioner in person.

                   versus

GURU HARIKISHAN PUBLIC SCHOOL & ANR              ..... Respondents
                   Through : Mr. R.S. Sasan, Adv. for R-1.
                   Ms. Reeta Kaul, Adv. for R-2.

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI


HIMA KOHLI, J. (ORAL)

1. The present petition is filed by the petitioner praying inter alia for

directions to respondent No.1/School to provide the mark sheet of Class

VII and Transfer Certificate of her ward Master Abhishek, without insisting

upon her to make payment of any amount on account of arrears of school

fee.

2. Counsel for the petitioner states that Master Abhishek appeared in

Class VII examination in the academic year 2010-11 and qualified the

same. However, the mark sheet of the ward of the petitioner was

withheld by respondent No.1/School so as to pressurize the petitioner to

pay the school fee. It is submitted that the petitioner is a widow, her

husband having expired in the year 2008, whereafter she has been facing

immense financial hardships and earning her living by stitching clothes,

which generates a limited income, insufficient for her to meet the school

fee of her ward. It is further stated that though the petitioner had

approached respondent No.1/School for full fee concession of her son,

such a concession was not granted by respondent No.1/School. The

cause of action for filing the present petition is stated to have arisen on

1.4.2011 when respondent No.1/School disallowed Master Abhishek from

attending Classes in VII standard in the academic year 2011-12 on

account of non-payment of school fees.

3. Notice was issued in the present petition, vide order dated

23.8.2011. On 12.9.2011, counsel for respondent No.1/School produced

a statement relating to the outstanding fee payable by the petitioner,

upon which counsel for the petitioner sought time to obtain necessary

instructions from his client. On 19.9.2011, it was directed that Master

Abhishek would continue attending the School till further directions from

this Court. Thereafter, a counter affidavit was filed by respondent

No.1/School, wherein it is stated that despite non-payment of tuition fee

and other charges, the result of the ward of the petitioner was declared

and he was promoted to Class VIII-D, but the student was not attending

the school on his own. It is further stated that notice for non-payment of

school fee and other charges had been issued to the petitioner.

4. Counsel for respondent No.1/School states that besides the non-

payment of school fee w.e.f. September 2011, the petitioner had not been

paying the conveyance charges of her ward which is payable @ `750/-

per month. He further submits that the petitioner was asked to apply for

full fee concession for the academic year 2011-12 in respect of her ward

so that her representation could be placed before the Management

Committee of respondent No.1/School for its consideration for favourable

action, but she had failed to turn up; nor did she submit any such

application. It is further stated that respondent No.1/School is still ready

and willing to consider the request of the petitioner for full fee concession

for her son for the academic year 2011-12 provided that she completes all

requisite formalities in this regard.

5. Counsel for the petitioner responds by stating that if this is the

stand of the school, then the petitioner does not wish to press her relief

for grant of a Transfer Certificate in favour of her ward and instead, she

shall submit an application to respondent No.1/School for grant of full fee

concession for the academic years 2011-12 and for 2012-13 within a

period of two weeks.

6. In view of the aforesaid facts and circumstances, the present writ

petition is disposed of with permission to the petitioner to submit an

appropriate application for full fee concession to respondent No.1/School

within a period of two weeks. Upon receiving such an application,

respondent No.1/School shall consider the same and pass an appropriate

order thereon, under written intimation to the petitioner in terms of the

submission made by counsel for respondent No.1/School that it is ready

and willing to consider the case of the ward of the petitioner for full fee

concession for the academic years 2011-12 the year 2012-13.

7. As regards the payment of conveyance charges of the ward of the

petitioner, counsel for the petitioner states that the petitioner has

deposited the same with the school for the period w.e.f. September 2011

to January 2012 and he assures the Court that the petitioner shall

continue paying the conveyance charges in future as well.

8. In view of the aforesaid submission made by the counsel for the

parties, no further orders are required to be passed on the issue of

conveyance charges payable by the petitioner.

The petition is disposed of, along with the pending application.

                                                       (HIMA KOHLI)
JANUARY 09, 2012                                          JUDGE
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