Court No. - 39 Case :- WRIT - C No. - 3750 of 2010 Petitioner :- Manish Kumar Pandey (Minor) Respondent :- Union Of India & Others Petitioner Counsel :- Anil Kumar Respondent Counsel :- A.S.G.I.,H.N. Pandey Hon'ble Dilip Gupta,J.
The petitioner, who claims to have been admitted to Class 12th in
the Sanskar International School, Saket Nagar, Sulem Sarai,
Allahabad, which is affiliated to the Central Board of Secondary
Education, has filed this petition for quashing the notice dated 19th
January, 2010 issued by the School requiring the petitioner to
deposit the balance amount of Rs.32,000/- as fees for Class 11th
and 12th.
It is stated in the petition that the petitioner was admitted to Class
11th in 2008. He was admitted to Class 12th in 2009 after he
passed Class 11th examination. The examinations for Class 12th
will be held by the CBSE but the practical exams will start from
28th January, 2010. According to him, the examination form and
other relevant documents have been forwarded to the CBSE but
the School is not permitting the petitioner to appear at the practical
and main examinations as, according to the School, he has not
deposited the fees. On 19th January, 2010, the petitioner deposited
Rs.10,000/- as fees but a remark was made in the receipt that he
has to deposit the balance amount of Rs.32,000/- by 31st January,
2010.
It is the contention of the learned Senior Counsel for the petitioner
that the petitioner had deposited the fees but the receipts are not
available with him. He has also filed a representation before the
Regional Officer, CBSE, at Allahabad on 22nd December, 2009
pointing out these facts but no order has been passed.
Sri Prem Nath Pandey appears for respondent No.1 and Sri H.N.
Pandey appears for respondent No.2. In view of the order that I
propose to pass it is not necessary to issue notice to respondent
No.3.
A perusal of the photostat copy of the receipts annexed as
Annexure-5 to the writ petition shows that the School has
demanded the balance fees of Rs.32,000/- by 31st January, 2010.
The petitioner has filed a representation before the Regional
Officer, CBSE, at Allahabad regarding redressal of the grievances
raised in the present petition.
Sri H.N. Pandey, learned counsel appearing for the Central Board
of Secondary Education states that the matter is engaging the
attention of the Central Board of Secondary Education.
In such circumstances, it will not be appropriate to examine the
matter on merits in this petition. However, as it has been
contended by learned Senior Counsel for the petitioner that the
practical examinations are to commence from 28th January, 2010,
the petitioner may deposit a sum of Rs.16,000/- with the
respondent-School today so that he may be permitted to appear at
the practical examinations which are to commence from tomorrow.
The issue as to whether the petitioner is required to deposit the
balance fees shall be examined by the Regional Officer, CBSE, at
Allahabad, who shall pass an appropriate order on the
representation filed by the petitioner after hearing the School. The
deposit made by the petitioner shall be subject to the order to be
passed by the Regional Officer of the Board. In case the Regional
Officer comes to the conclusion that the petitioner is required to
deposit the balance amount, the petitioner shall deposit the same in
the School but in case it is found that the petitioner is entitled for
refund of the amount, the School shall refund the amount.
Subject to the observations made above, the writ petition is
disposed of.
Order Date :- 27.1.2010
SK