Bombay High Court Directs Parent to Submit No Complaint Undertaking for Daughter’s Admission-The parent who has filed the writ petition against the school management over expulsion of his children over non payment of allegedly illegal fees, has been directed to file undertaking for not to make complaint related to fee or educational issue in any school where his daughter would be admitted.
The Bombay High Court has made reference to the ‘failure of the parent to perform his parental and constitutionally binding duties’ & has directed the parent to file undertaking that if the Bombay High Court arranges admission of his daughter in any other school, he shall not raise issues related to fees & manner of education by such school & also that he shall not threaten the management by filing police complaints.
Brief facts of the case-
The organization had earlier published articles related to this issue, wherein the Maharashtra State Commission for Protection of Child Rights (MSCPCR) had directed the education department that if the parent pays the disputed fees, his children should be readmitted. However in spite of the under protest payment of around Rs.91000/- by the parent, the school management refused to readmit the children of the complainant parent.
The Maharashtra State Commission for Protection of Child Rights (MSCPCR) then asked the parent to get the admission in some other school in the vicinity. However none of the school admitted the children of the complainant parent Mr.Rameshvar Dakhorkar giving reference to his agitation of the fees issue in the previous school.
Thereafter Mr.Dakhorkar complained to the Ministry of Women & Child Development who came strongly against the Maharashtra State Commission for Protection of Child Rights (MSCPCR) & blamed it for the spoiling the educational career of the children. Accordingly Mr.Rameshvar Dakhorkar filed the present writ petition before the Bombay High court.
The links of the articles published by us over this issue are as follows-
Ministry Finds Maharashtra Child Rights Panel Causing Educational Loss to Students
School refuses to obey MSCPCR’s order to readmit expelled children
The important paras of the order of the Bombay High Court is as follows-
‘3. We felt that a girl child aged 11 years and sitting at home without schooling for one and half years now should not result in her being deprived of basic, fundamental and elementary education. She being a girl child between six and fourteen years, it is her constitutional right under Article 21-A of the Constitution of India and corresponding fundamental duty of the father (the petitioner) to give her an education. His grievances with the school should not harm her rights and interests. His failure to perform his parental/constitutional duties enables us to enquire with the petitioner as to whether he is ready and willing to have this girl child admitted in any school, other than the respondent No. 7, situate in close vicinity of the residence of the petitioner and the girl child. Further, the petitioner shall not precipitate the matters by raising issues concerning fees charged and the manner in which education is imparted at the school which would be assigned to this girl child by the Education Ofcer.’
‘5. In such circumstances, we demanded and justifably an undertaking in writing from this petitioner that should we make arrangement by our order and writ for education of the girl child aged eleven years, he will not inter-mrddle or interfere not only with the education, admission and conduct of the courses at school but he will not question the management and administration of such school/s and the Education Ofcer about the rate of fees charged and related matters. Further he will not threaten these managements and administrations by fling police complaints against not only the ofce bearers but the teachers and staf of the school/s.’
The order of the Bombay High Court can be downloaded from the following link-
Writ Petition No.26492/2017.Pdf
The matter is listed for next hearing on 10.10.2019.
