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1999 Supreme(Bom) 435

S.H.KAPADIA, Y.K.SABHARWAL
Forum for Fairness in Education Western Suburbs, Mumbai and others – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - Y.K. SABHARWAL, C.J.:---Rule, returnable forthwith. Respondents waive service.

2. The main point, which falls for determination in this petition, is about the validity of collection of certain amounts by respondent Nos. 4 and 5 Schools at the time of granting admission to students. The challenge is also to the validity of collection of computer fee by respondent No. 4 School from students of primary section.

3. The petition has been filed as a Public Interest Litigation by a Non-Governmental organisation and its officers, besides some of the petitioners whose children are, studying in the respondent Schools. Respondent No. 1 is the State of Maharashtra and respondent No. 2 is the Deputy Director of Education. The Additional Municipal Commissioner in charge of primary education is respondent N. 3. St. Mary English School, Malad, Mumbai, and New Era School, Tardeo, Mumbai, are respondent Nos. 4 and 5.

4. Respondent No. 4 School is said to be charging Rs. 4,000/- to Rs. 5,000/- towards advertisements in Souvenirs which are never published. It is claimed that two children of petitioner No. 3 were studying in respondent No. 4 School, one in Senior K. G. and the other in Standar
































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