“Parents should co-operate with the educational institutions and not join issues pertaining to not serious matter”-Bombay High Court on readmission of the expelled school student

“Parents should co-operate with the educational institutions and not join issues pertaining to not serious matter”-Bombay High Court on readmission of the expelled school student
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The Bombay High Court in an order dated November 13th, 2021 has order Orbis School, Pune to readmit a former pupil expelled due to non-payment of fees pertaining to facilities that could not be used during Covid-19 pandemic.

The petitioner’s son was a pupil at the Orbis School, Pune. The petitioner had protested the collection of fee heads for the academic year 2020-21 by the Orbis School, Pune which were not utilized during the Covid-19 pandemic like gymkhana fee, library fee, especially transport fee etc as no bus run at all. The petitioner had paid the fees under protest by March 2021. However, the school management asked the Petitioner to submit an undertaking that stating withdrawal of all complaints and that he will not file any before the department of education. On refusal to sign such an undertaking, the school management expelled the Petitioner’s son.

The Bombay High Court bench of S.J. Kathawalla and Justice Madhav Jamdar, ordered readmission of the pupil by the school. The Court ordered the Petitioner – parent comply with the admission formalities like all other students enrolled. The Court further ordered the petitioner parent to pay the yearly fee of Rs.91,274/-, approved by the Executive Committee of the Parents-Teachers Association, within a period of two weeks from date of order.

The Court tasked the School to provide the study material, which the pupil has missed out, and also ensure that extra classes are held for him. The school has also been ordered to conduct examination of Kartikey the student to ensure that he has not missed out on his studies despite being admitted to the School six months after commencement of the academic year 2021-2022. The School has been barred from charging any transportation fee for the academic year 2021-2022.

The Court concluded that the “parents should co-operate with the schools / educational institutions and not join issues pertaining to matters which are not very serious. Such an approach will help their children/wards to study in a peaceful and healthy atmosphere in the temple of education and also learn to respect their teachers/Principal.”

Dinesh Kumar Kharyal V. The Principal, The Orbis School and others

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