Bombay High Court
Shaikh Zakir Hussain vs The State Of Maharashtra 4 Ors on 24 June, 2021
Author: C. V. Bhadang
Bench: Nitin Jamdar, C. V. Bhadang
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.12216 OF 2021
Shaikh Zakir Hussain ...Petitioner
V/s.
The State of Maharashtra & Ors. ...Respondents
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Mr. R. Sathyanarayanan a/w. Mr. Neeraj Yadav for the Petitioner.
Ms. P. H. Kantharia, GP a/w. Ms. Geeta Shastri, Addl. GP for the
Respondent-State.
Ms. Nandini Menon for Respondent No.5.
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CORAM : NITIN JAMDAR AND
C. V. BHADANG, JJ.
DATE : 24 JUNE 2021.
(Through Video Conferencing) P.C. . On 10 June 2021 the following order was passed:
". Heard learned Counsel for the parties.
2. The grievance raised by the Petitioner, the father of two children who are taking education in Respondent No.5-School, is regarding the hike in the fees by the Respondent No.5.
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3. The learned Counsel for the Respondent No.5 seeks time to file reply affidavit. Time is also sought on behalf of the State to place on record the Government Resolution regarding constitution of the Committee to look into the issue of fees in the school. Stand over to 24 June 2021.
4. The learned Counsel for the Petitioner states that the Petitioner's wards have been stopped from taking online classes on the ground of non payment of fees which is the subject-matter of this Petition.
5. Considering the fact that education of the students are at stake, by way of interim order, we direct that the Petitioner, will file an undertaking on an affidavit that if the Petitioner fails in the challenge, the Petitioner will pay the fees as due within the time limit stipulated, without the Respondent No.5 needing to take steps to recover the amount. The affidavit/undertaking to be filed within a period of 4 working days in the Registry of this Court, with a copy to Respondent No.5. Thereupon the Respondent No.5 will permit the wards of the Petitioner to attend the online classes till further orders.
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6. The learned Counsel for the Petitioner seeks leave to replace Exhibit"B" to the petition, which is incorrectly annexed. Leave is granted. Amendment to be carried out before the next date."
2. Reply affidavit is filed on 22 June 2021 by the Deputy Director of Education, Mumbai. The learned Government Pleader states that a Grievance Redressal Committee is constituted for Mumbai at Navi Mumbai. The learned Government Pleader states that the Committee consists of four members to look into various grievances and disputes that arise between the School Management and the parents of the wards studying in the school and dispute such as the present one can be looked into and resolved by this Committee. The learned Counsel for the parties have no objection to approach this Grievance Reddressal Committee to resolve the dispute that is arisen in this petition.
3. The Grievance Redressal Committee will consider the Petition and the reply filed in this petition, for the purpose of redressing the inter alia grievances. The learned Government Pleader states that a copy of the petition and the reply would be furnished to the Grievance Redressal Committee. The Grievance Redressal Committee to inform the parties the date which they would fix for interaction.
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4. In the light of the above, we defer the hearing of the matter to 5 August 2021 with liberty to the parties to circulate the petition to place the outcome of the interaction before the Court.
(C. V. BHADANG, J.) (NITIN JAMDAR, J.)
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