1
IN THE HIGH COURT OF JUDICUATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. OF 2016 DISTRICT : MUMBAI Smt. Rita Pannalal Kanojia .. Petitioner V/s Tilak Nagar Education Society & Ors. INDEX S.No Exhibits
.. Respondents.
Particuars
1
Synopsis
2
Memo of Petition
Page Nos
3
Exh”A”
Death Certificate of her late husband.
4
Exh”B-
copies
colly”
5
Exh.”Ccolly”
6
Exh.”D”
of
Birth
Certificate
of
her
surviving children. copies
of Caste Certificate of the
children. copy of the Income Certificate issued by Tahsildar Office, Mulund, Mumbai.
7
Exh”E”
Aadhar Card of the Petitioner
8
Exh.”F”
Rationing Card in respect of Petitioner
9
Exh.”G”
School
Form
No.4464
issued
to
Petitioner by Respondent No.1. 10
Exh.”H”
the copy of letter dated 9.3.2016 given by the Petitioner to Respondent No.1.
11
Exh.”I-
copies of
the latest Government
colly”
Resolutions
dated
23.7.2015
and
21.1.2015 passed by Government of Maharashtra. 12
Vakalatnama
2
IN THE HIGH COURT OF JUDICUATURE AT BOMBAY CIVIL APPELALTE JURISDICTION CIVIL WRIT PETITION NO.
OF 2016 DISTRICT : MUMBAI In the matter of Article 226 227, 14, 16, and 30 of Constitution of India ; And In the matter of Section No.3 and 11 of the Rights of Children to free and Compulsory Education Act, 2009
1.Mrs. Rita Pannalal Kanojia
)
Age : 30 years, Occ : Housewife
)
Residing at 1 / 2, Rahul Nagar Zopadpatti ) Beside Tilak Nagar Police Station, Near
)
Lokmanya Tilak Education Society School ) Tilak Nagar, Chembur,Mumbai – 400 089
)
..
Petitioner
3
V/s 1.The Principal
)
Tilak Nagar Education Society School,
)
Near Tilak Nagar Police Station, Tilak Nagar) Chembur, Mumbai – 400 089.
)
2.The Secretary,
)
School, Education and Sports department ) Government of Maharashtra,
)
Mantralaya, Mumbai – 400 032.
)
3.The Secretary,
)
Women and Child Development department ) Government of Maharashtra,
)
Mantralaya, Mumbai – 400 032.
)
4.The Union of India,
)
At the instance of Ministry of Women and
)
Child Development, Shastri Bhavan A-Wing ) Dr. Rajendra Prasad Road, New Delhi
)
110 001.
)
.. Respondents
TO: THE
HONOURABLE
CHIEF
JUSTICE
AND
OTHER
HONOURABLE PUISNE JUDGES OF THIS HIGH COURT OF JUDICATURE AT BOMBAY WRIT PETITION MOST RESPECTFULLY SHEWEETH: 1. It is respectfully submitted on behalf of Petitioner as under :-
4
2. The Petitioner is a widow having three minor children, first is Mamta 11 years old, studying in 5th Class, second Sonali 8 years old studying in 3rd Standard and third Kartik, 3-1/2 years seeking admission for Jr. K.G. in the School of Respondent No.1’s 3. The Respondent No.1 is an educational institution governed under the policies laid down by the State as well as Central Government. The Respondent No.2,3 and 4 are the authorities who from time to time laid down policies for the welfare of children of the Society. 4. The Petitioner submits that she is a widow. Her late husband Pannalal Kanojia was doing the work of Ironing the clothes, however, he died due to cancer on 3.7.2014. Hereto annexed and marked as Exhibit “A” is the copy of Death Certificate of her late husband. At the time of demise of Petitioner’s husband, they had four minor children.
However, due to poverty after
demise of husband, the Petitioner could not give proper treatment to her new born child when it was sick, therefore, the said child expired.
The Petitioner is annexing herewith and
marked as Exhibit-B-collectively” are the copies of Birth Certificate of her surviving children. 5. The Petitioner submits that she belongs to Scheduled Caster category i.e. Dhobi community.
Hereto annexed and marked
Exhibit –“C-collectively” are the copies of Caste Certificate of the children. 6. After demise of husband, the Petitioner lived in very miserable condition.
Almost for several months she remained in dark
without electricity as she had no money to pay her electricity Bill
5
and therefore, the Electricity department disconnected her electricity connection. Because of disconnection of electricity she could not iron the clothes and therefore, almost there was no source of income to feed the children, still somehow she managed to feed the children by working as a maid servant in other houses. In the said period her income was very meagre. She has also taken out Income Certificate. Hereto annexed and marked as Exhibit “D” is the copy of the Income Certificate issued by Tahsildar Office, Mulund, Mumbai. 7.
The Petitioner submits that the Petitioner is residing in Mumbai i.e. on the address mentioned in the cause title since last several years.
Annexing herewith the copy of her Aadhar Card,
Rationing Card and marked as Exhibit “E” and Exhibit “F” respectively. 8. The Petitioner’s two daughters are already studying with Respondent No.1’s school which is situated half minute distance from the house of Petitioner. The elder daughter is studying in 5th standard and the younger daughter is studying in 3rd standard. Since Petitioner’s son Kartik is crossed his age 3-1/2, the Petitioner approached the same school, i.e. Respondent No.1, for admission of her son in Jr. K.G. The Respondent No.1 duly enrolled his name in the list of prospective students in Jr. K.G. class. However, asked Petitioner to deposit Rs.30,000/- for the admission of her son Kartik. The Respondent No.1 school issued Form No.4464 to Petitioner wherein the Respondent No.1 given the bifurcation of Rs.30,000/-. They have mentioned the bifurcation of fees as under :-
6
Particulars of fees
Amount Rs.
Tuition Fees June, 2016 to May 2017
8400/700/-
Admission Fee Bldg. Development Fund
19,500/1,400/-
Term Fee I & II Total
Rs.30,000/-
9. The Petitioner states that since her financial condition was pathetic and she belongs to scheduled Caste community, she requested the Respondent No.1 to exempt her from paying Fees i.e. Rs.30,000/for the admission of her child Kartik. She has given one letter to Respondent No.1 and narrated her financial and social situation. However, the Respondent No.1 so far not given the admission to her son in their School for the Jr. K.G. The Respondent No.1 has given the admission to several children who capable to pay Rs.30,000/- in the School. Hereto annexed and marked as Exhibit “G” is copy of School Form No.4464 issued to Petitioner by Respondent No.1 and Exhibit “H” is the copy of letter dated 9.3.2016 given by the Petitioner to Respondent No.1.
The
acknowledgement of the said letter deliberately not given by the Respondent No.1 though they accepted the same. 10.
The Petitioner states that the Government of Maharashtra
as well as the Central Government laid down several policies and resolutions to encourage the children from dis-advantaged group i.e. the children from poor family or from backward class.
7
Hereto annexed and marked as Exhibit “I-collectively” are copies of the latest Government Resolutions dated 23.7.2015 and 21.1.2015 passed by Government of Maharashtra in that respect. Even Section-3 & 11 of the Rights of Children to free and Compulsory Education, 2009 clearly speak that with a view to prepare children above the age of 3 years for elementary education and to provide early childhood care and education for all children until they complete the age of six years, the appropriate Government may make necessary arrangement for providing free school education for such children. However, Respondent No.1 is not appears to follow the Government Resolution. 11.
Aggrieved by the action of Respondent No.1 the Petitioner
is approaching this Hon’ble Court for necessary direction to the Respondents to exempt the fees of her child Kartik for Jr. K.G. admission and to give the admission to her son forthwith on the following amongst other grounds :GROUNDS (a) Petitioner is a very poor lady hailing from poor family. Petitioner is not economically capable to pay Rs.30,000/- for the admission of her son in Jr. K.G. (b) Petitioner is belongs to scheduled Caste category and therefore, entitled to relaxation in the Fees for education of her children. (c) It is the right of the children of Petitioner to take free and compulsory education as per the Section 3 and 11 of the
8
Right of Children to Free and Compulsory Education Act, 2009. (d) As per Government Resolution and Policies, there are several aids provided to the School.
In such circumstances it is
undesirable to demand Building Development Funds from the children irrespective of they belong to disadvantaged group or else. (e) Even by Article-14,15 and 30 the Constitution of India guaranteed the students from weaker section and backward class communities to have a free and compulsory education. (f) The school of Respndent No.1 is very near to the house of the Petitioner less than
a half minute distance.
Hence it
would be convenient to Petitioner and her son if Respondents give admission to Petitioner’s son Kartik in their School for Jr. K.G. Petitioner states that other schools are far away from her house. (g) Great harm and loss will cause to the Petitioner and her son as far as the education and welfare of child Kartik is concerned if Respondent No.1 denied admission to Kartik for Jr. K.G.
12.
The Petitioner craves leave to add, alter, amend and/or
delete any of the aforesaid grounds, if required.
13.
The Petitioner states that the entire cause of action has
arisen within the territorial limits of this Honourable Court and hence, this Honourable Court can entertain, try and dispose off the Petition.
9
14.
The Petitioners state that except the present Petition she
has not filed any other Petition or proceedings of like nature for the same or identical reliefs either in this Court or any other Courts in India.
15.
That the Petitioner has filed the present Petition for the writ
or any other High prerogative Writ of the Court as they have no other alternative and efficacious remedy.
16.
That the Writ Petition is not governed by the Limitation Act.
Nonetheless, the Petition is filed without any undue delay or latches.
17.
That the Petitioners have paid the requisite court fees and
hereby undertake to pay the arrears thereof and/or any process fees.
Under these circumstances, the Petitioners most humbly pray that :- -
(a) This Hon’ble Court may be pleased to direct the Respondents to give admission to Petitioner’s child namely, Kartik Pannalal Kanojia in Jr. K.G. class forthwith by exempting her from paying the Fees; (b) This Hon’ble Court may be pleased to declare illegal and unconstitutional to collect Rs.19,500/- by Respondent No.1 towards Building Development Fund; (c) Pending the hearing and final disposal of the present Petition, this Honourable Court may be pleased to direct
10
the Respondents to give admission to Petitioner’s child namely, Kartik Pannalal Kanojia in Jr. K.G. class forthwith by exempting her from paying the Fees; (d) Interim Order in terms of prayers clause (c) above; (e) To grant such other and further reliefs as the nature and circumstances of the case may require. Dated, this
day of June, 2016..
Advocate for the Petitioner.
Petitioner
VERIFICATION I,
Mrs. Rita Pannalal Kanojia, aged 30 years, adult, Indian
inhabitant of Mumbai, residing at 1 / 2, Rahul Nagar Zopadpatti Beside Tilak Nagar Police Station, NearLokmanya Tilak Education Society School Tilak Nagar, Chembur,Mumbai – 400 089 .the Petitioner hereinabove, do hereby state on solemn affirmation that whatever stated in the foregoing paragraphs are true and correct to the best of my knowledge and belief and I believe the same to be true. Solemnly affirmed at Mumbai
)
This
)
day of June, 2016.
Petitioner
11
Before me,
Advocate for the Petitioner
12
IN THE HIGH COURT OF JUDICUATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.
OF 2016 DISTRICT : MUMBAI
Smt. Rita Pannalal Kanojia
..
Petitioner
V/s Tilak Nagar Education Society & Ors.
.. Respondents.
SYNOPSIS S.No. 1
Date
Particulars Petitioner is a widow hailing from poor family and backward class community having three children one daughter Mamta is 11 years age, second is daughter Sonali of 8 years and third
13
is son Kartik, 3-1/2 years. 2
March,2016
Petitioner’s daughters are already taking education in Respondent No1’s school in 5th standard as well as 3rd standard since the said school is situated less than half a minute walkable Petitioner.
distance
from
the
house
of
Therefore, Petitioner applied for
admission of her son in Jr. K.G. class in Respondent No.1’s school. 3
March,2016
Respondent No.1 demanded Rs.30,000/- from Petitioner for the admission of her son in Jr.K.G.Class being Tuition Fee from June, 2016 to May, 2017 Rs.8,400/-; plus admission fees Rs.700/-; Plus Building Development Fund Rs.19,500/- and Term Fees I & II Rs.1,400/-.
4
9.3.2016
Petitioner given letter to Respondent No.1 and prayed for exemption of fees being she is not economically capable to pay the said amount and also being she belongs to backward class. However, the Respondent No.1 not paid heed towards her and not given admission to her son in Jr. K.G. class. Very soon school may be started. Petitioner is apprehending that her son may waste one year due to denial of right
14
of education. Hence, this Petition.
Points to be urged:1. Whether it is just and proper to demand such a huge amount towards fees and Building Development Fund from the child belongs to economically poor and backward class community?
2. Whether it is just and proper to deny education to a child as he could not pay Fees and Building Development Fund to School specifically when the child is belongs to economically weaker section and socially backward class?
Acts to be referred to : 1. Constitution of India. 2. The Right of Children to Free and Compulsory Education Act, 2009. Citation : AT the time of argument..
Advocate for the Petitioner.
15
IN THE HIGH COURT OF JUDICUATURE AT BOMBAY CIVIL APPELALTE JURISDICTION CIVIL WRIT PETITION NO.
OF 2016
16
DISTRICT : MUMBAI In the matter of Article 226 227, 14, 16, and 30 of Constitution of India ; And In the matter of Section No.3 and 11 of the Rights of Children to free and Compulsory Education Act, 2009 1.Mrs. Rita Pannalal Kanojia
)
Age : 30 years, Occ : Housewife
)
Residing at 1 / 2, Rahul Nagar Zopadpatti ) Beside Tilak Nagar Police Station, Near
)
Lokmanya Tilak Education Society School ) Tilak Nagar, Chembur,Mumbai – 400 089
)
V/s 1.The Principal
)
Tilak Nagar Education Society School,
)
Near Tilak Nagar Police Station, Tilak Nagar) Chembur, Mumbai – 400 089.
)
2.The Secretary,
)
School, Education and Sports department ) Government of Maharashtra,
)
Mantralaya, Mumbai – 400 032.
)
3.The Secretary,
)
Women and Child Development department )
..
Petitioner
17
Government of Maharashtra,
)
Mantralaya, Mumbai – 400 032.
)
4.The Union of India,
)
At the instance of Ministry of Women and
)
Child Development, Shastri Bhavan A-Wing ) Dr. Rajendra Prasad Road, New Delhi
)
110 001.
)
.. Respondents
TO: THE
HONOURABLE
CHIEF
JUSTICE
AND
OTHER
HONOURABLE PUISNE JUDGES OF THIS HIGH COURT OF JUDICATURE AT BOMBAY WRIT PETITION MOST RESPECTFULLY SHEWEETH: 18.
It is respectfully submitted on behalf of Petitioner as under
:19.
The Petitioner is a widow having three minor children, first
is Mamta 11 years old, studying in 5th Class, second Sonali 8 years old studying in 3rd Standard and third Kartik, 3-1/2 years seeking admission for Jr. K.G. in the School of Respondent No.1’s 20.
The Respondent No.1 is an educational institution
governed under the policies laid down by the State as well as Central Government.
The Respondent No.2,3 and 4 are the
authorities who from time to time laid down policies for the welfare of children of the Society.
18
21.
The Petitioner submits that
she is a widow.
Her late
husband Pannalal Kanojia was doing the work of Ironing the clothes, however, he died due to cancer on 3.7.2014. Hereto annexed and marked as Exhibit “A” is the copy of Death Certificate of her late husband. At the time of demise of Petitioner’s husband, they had four minor children. However, due to poverty after demise of husband, the Petitioner could not give proper treatment to her new born child when it was sick, therefore, the said child expired.
The Petitioner is annexing
herewith and marked as Exhibit-B-collectively” are the copies of Birth Certificate of her surviving children. 22.
The Petitioner submits that she
Caster category i.e. Dhobi community.
belongs to Scheduled Hereto annexed and
marked Exhibit –“C-collectively” are the copies
of Caste
Certificate of the children. 23.
After demise of
husband, the Petitioner lived in very
miserable condition. Almost for several months she remained in dark without electricity as she had no money to electricity
Bill
disconnected
and her
therefore, electricity
the
Electricity
connection.
pay her
department Because
of
disconnection of electricity she could not iron the clothes and therefore, almost there was no source of income to feed the children, still somehow she managed to feed the children by working as a maid servant in other houses. In the said period her income was very meagre. She has also taken out Income Certificate. Hereto annexed and marked as Exhibit “D” is the
19
copy of the Income Certificate issued by Tahsildar Office, Mulund, Mumbai. 24.
The Petitioner submits that the Petitioner is residing in
Mumbai i.e. on the address mentioned in the cause title since last several years.
Annexing herewith the copy of her Aadhar
Card, Rationing Card and marked as Exhibit “E” and Exhibit “F” respectively. 25.
The Petitioner’s two daughters are already studying with
Respondent No.1’s school which is situated half minute distance from the house of Petitioner. The elder daughter is studying in 5th standard and the younger daughter is studying in 3rd standard. Since Petitioner’s son Kartik is crossed his age 3-1/2, the Petitioner approached the same school, i.e. Respondent No.1, for admission of her son in Jr. K.G. The Respondent No.1 duly enrolled his name in the list of prospective students in Jr. K.G. class. However, asked Petitioner to deposit Rs.30,000/- for the admission of her son Kartik. The Respondent No.1 school issued Form No.4464 to Petitioner wherein the Respondent No.1 given the bifurcation of Rs.30,000/-. They have mentioned the bifurcation of fees as under :Particulars of fees
Amount Rs.
Tuition Fees June, 2016 to May 2017 Admission Fee Bldg. Development Fund Term Fee I & II
8400/700/19,500/1,400/-
20
Total
26.
Rs.30,000/-
The Petitioner states that since her financial condition was
pathetic and she belongs to scheduled Caste community, she requested the Respondent No.1 to exempt her from paying Fees i.e. Rs.30,000/- for the admission of her child Kartik. She has given one letter to Respondent No.1 and narrated her financial and social situation.
However, the Respondent No.1 so far not given the
admission to her son in their School for the Jr. K.G.
The
Respondent No.1 has given the admission to several children who capable to pay Rs.30,000/- in the School.
Hereto annexed and
marked as Exhibit “G” is copy of School Form No.4464 issued to Petitioner by Respondent No.1 and Exhibit “H” is the copy of letter dated 9.3.2016 given by the Petitioner to Respondent No.1. The acknowledgement of the said letter deliberately not given by the Respondent No.1 though they accepted the same. 27.
The Petitioner states that the Government of Maharashtra
as well as the Central Government laid down several policies and resolutions to encourage the children from dis-advantaged group i.e. the children from poor family or from backward class. Hereto annexed and marked as Exhibit “I-collectively” are copies of the latest Government Resolutions dated 23.7.2015 and 21.1.2015 passed by Government of Maharashtra in that respect. Even Section-3 & 11 of the Rights of Children to free and Compulsory Education, 2009 clearly speak that with a view
21
to prepare children above the age of 3 years for elementary education and to provide early childhood care and education for all children until they complete the age of six years, the appropriate Government may make necessary arrangement for providing free school education for such children. However, Respondent No.1 is not appears to follow the Government Resolution. 28.
Aggrieved by the action of Respondent No.1 the Petitioner
is approaching this Hon’ble Court for necessary direction to the Respondents to exempt the fees of her child Kartik for Jr. K.G. admission and to give the admission to her son forthwith on the following amongst other grounds :GROUNDS (h) Petitioner is a very poor lady hailing from poor family. Petitioner is not economically capable to pay Rs.30,000/- for the admission of her son in Jr. K.G. (i) Petitioner is belongs to scheduled Caste category and therefore, entitled to relaxation in the Fees for education of her children. (j) It is the right of the children of Petitioner to take free and compulsory education as per the Section 3 and 11 of the Right of Children to Free and Compulsory Education Act, 2009. (k) As per Government Resolution and Policies, there are several aids provided to the School.
In such circumstances it is
undesirable to demand Building Development Funds from the
22
children irrespective of they belong to disadvantaged group or else. (l) Even by Article-14,15 and 30 the Constitution of India guaranteed the students from weaker section and backward class communities to have a free and compulsory education. (m)
The school of Respndent No.1 is very near to the house of
the Petitioner less than
a half minute distance.
Hence it
would be convenient to Petitioner and her son if Respondents give admission to Petitioner’s son Kartik in their School for Jr. K.G. Petitioner states that other schools are far away from her house. (n) Great harm and loss will cause to the Petitioner and her son as far as the education and welfare of child Kartik is concerned if Respondent No.1 denied admission to Kartik for Jr. K.G.
29.
The Petitioner craves leave to add, alter, amend and/or
delete any of the aforesaid grounds, if required.
30.
The Petitioner states that the entire cause of action has
arisen within the territorial limits of this Honourable Court and hence, this Honourable Court can entertain, try and dispose off the Petition.
31.
The Petitioners state that except the present Petition she
has not filed any other Petition or proceedings of like nature for the same or identical reliefs either in this Court or any other Courts in India.
23
32.
That the Petitioner has filed the present Petition for the writ
or any other High prerogative Writ of the Court as they have no other alternative and efficacious remedy.
33.
That the Writ Petition is not governed by the Limitation Act.
Nonetheless, the Petition is filed without any undue delay or latches.
34.
That the Petitioners have paid the requisite court fees and
hereby undertake to pay the arrears thereof and/or any process fees.
Under these circumstances, the Petitioners most humbly pray that :- -
(f) This Hon’ble Court may be pleased to direct the Respondents to give admission to Petitioner’s child namely, Kartik Pannalal Kanojia in Jr. K.G. class forthwith by exempting her from paying the Fees; (g) This Hon’ble Court may be pleased to declare illegal and unconstitutional to collect Rs.19,500/- by Respondent No.1 towards Building Development Fund; (h) Pending the hearing and final disposal of the present Petition, this Honourable Court may be pleased to direct the Respondents to give admission to Petitioner’s child namely, Kartik Pannalal Kanojia in Jr. K.G. class forthwith by exempting her from paying the Fees; (i) Interim Order in terms of prayers clause (c) above;
24
(j) To grant such other and further reliefs as the nature and circumstances of the case may require. Dated, this
day of June, 2016..
Advocate for the Petitioner.
Petitioner
VERIFICATION I,
Mrs. Rita Pannalal Kanojia, aged 30 years, adult, Indian
inhabitant of Mumbai, residing at 1 / 2, Rahul Nagar Zopadpatti Beside Tilak Nagar Police Station, NearLokmanya Tilak Education Society School Tilak Nagar, Chembur,Mumbai – 400 089 .the Petitioner hereinabove, do hereby state on solemn affirmation that whatever stated in the foregoing paragraphs are true and correct to the best of my knowledge and belief and I believe the same to be true. Solemnly affirmed at Mumbai
)
This
)
day of June, 2016.
Petitioner Before me,
Advocate for the Petitioner
25
IN THE HIGH COURT OF JUDICUATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
26
CIVIL WRIT PETITION NO. OF 2016 DISTRICT : MUMBAI Smt. Rita Pannalal Kanojia .. Petitioner V/s Tilak Nagar Education Society & Ors. .. Respondents.
WRIT PETITION Dated, this
day of June,
2016
Shri Prakash N. Wagh, Advocate for Petitioner, B-209, Building No.168 Tilak Nagar, Chembur, Mumbai – 400 089.
