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Legal

Updated on: Saturday, November 13, 2021, 10:51 PM IST

FPJ Legal: Bombay HC asks Pune school to take back expelled child

Bombay HC | Photo: Representative Image

Bombay HC | Photo: Representative Image

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MUMBAI: The Bombay High Court has directed a Pune school to “unconditionally” take back an expelled student after his parents refused to give an undertaking for not filing any more complaints regarding the school fees.

A division bench of justices Shahrukh Kathawalla and Madhav Jamdar came down heavily on the school for seeking an undertaking from the parents.

The judges have also observed that “the school will not only provide the study material but will also ensure that extra classes are held for the child.”

“The school will not insist that the parent will comply with any other condition save and except what is stated in the order,” said the court, adding that even “the parent must also cooperate with the school.”

The HC has asked both software engineers’ parents to pay Rs 91,000 for the current academic year.

The court was hearing a petition filed by the father of the class VI student of Orbis School at Pune for issuing a transfer certificate to his child on May 7, 2021.

“The student is suffering from chronic kidney disease. This is how you treat students? You have set up the school to behave in this manner?” said justice Kathawalla adding that the school will have to take the child back. He also termed the school as a “temple of learning”.

The school’s advocate said that they were willing to take the child back, but his father must undertake that they will not file any complaints and any litigation against the school.

“You cannot tell parents of students not to file litigation. They can file any litigation, any suit, in any court. They have a right under the law,” said justice Kathawalla.

He was particularly irked with the school’s advocate for his suggestion of settling the matter with the said condition.

“You say you have no interest to harm the student. But the student is suffering. The school is saying withdraw all complaints, then only it will take him back,” Justice Jamdar observed.

After consulting with the school authorities who were present in the court, their advocate said that they are ready to take the child back with an undertaking that the parents will pay the fees for the current academic year, 2021-2022.

“We’ll compensate him for six months of loss of studies,” added the school’s advocate.

The court even pulled up the child’s father, a software engineer, saying that he should pay the fees as school too has overhead expenses. “It is an educational institution. You must also know where to draw the line. If parents start fighting with school, the children will suffer,” said Justice Kathawalla.

Siddharthshankar Sharma, the father’s advocate, said that the fees were not paid since the Supreme Court has seized the matter concerning school fees reduction in view of the pandemic.

To this justice, Kathawalla said that whenever the SC would pass a general order, it would be binding on the school to take appropriate steps.

The court agreed with the school’s advocate when he said that the parents must “not precipitate the matter further”.

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Published on: Saturday, November 13, 2021, 10:51 PM IST
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