ANOOP V. MOHTA, J.

1. Main punctum is maintainability of the writ petition against an unaided private minority educational institution/school, at the instance of parents, whose children are expelled/debarred from the school/college of such institution, because of stated misbehaviour and/or bad behaviour of the mother/father/childs relative and/or for non-payment of disputed enhanced fee/payment. If yes, entitlement of reliefs on merit.

2. The Petitioners son – Master Pavan, aged about 12 years, was admitted to Respondent No. 1 School (“the school”) in June 2010 in Grade II. Her daughter – Ms. Rutuja, aged about 16 years, was admitted to the Respondent School in June 2012 in Standard IX. The School terminated the admission of both the children unilaterally by issuing them Transfer Certificates/Leaving Certificates on 03/06/2013 with an accompanied letter also to Respondent Nos. 2, 3 and 4 respectively. On this certificate the reason for leaving the school was mentioned as “terminated because of parents indecent & illegal behaviour.” The conduct of the children was expressly stated to be Satisfactory.

3. Prior to this, the Petitioner, as stated, had along with other parents, objected to the stated unreasonable and illegal hike in fees by the School. That had resulted into nonpayment of fees also. The Petitioner requested the Management and staff of the School to provide the structure of fees so proposed to be charged. As noted, the agitation turned into allegations and counter allegations and filing of complaints and counter complaints. All are pending. Respondent No. 3 Education Officer, also directed the School/Management to withdraw the actions, but could not carry out further, for want of specific provisions. The School/Management resisted the Education Departments directions. The Petitioner has no other alternative remedy available for effective urgent reliefs, except to file the Writ Petition.

4. This High Court (Coram A.S. Oka and G.S. Patel, JJ.) on 16 August 2013 passed the following ad interim order:-

“1. Rule. The Advocate on record for the first and second Respondents waives service. The learned AGP waives service for the Respondent Nos. 3, 4, 7 and 8. We make it clear that the preliminary objections raised by the contesting Respondents are kept open.

2. Heard learned counsel on the prayer for interim relief. This Petition concerns career in education of two minor children. The learned counsel appearing for the Petitioner on instructions of the Petitioner and her husband makes a categorical statement that the Petitioner and her husband will not give any publicity to this order of the Court either in Media or on any social networking either orally or in writing. Shri Apte, learned senior counsel appearing for the first and second Respondents on instructions gives similar assurance to the Court. We accept the statements made across the bar on instructions of the parties present in the Court. We hope and expect that media will not give publicity to this order.

3. Rule on interim relief is made returnable on 25th April 2014. By way of adinterim relief, we pass the following order:

ORDER

(a) The first and the second Respondents shall supply a duplicate copy of the mark-sheet of the IX standard examination of Ms. Rutuja to the Petitioner.

(b) The first and the second Respondents shall admit Master Pawan to the V Standard for the Academic Year 2013-2014. The first and second Respondents shall admit Ms. Rutuja to the X standard for the Academic year 2013-2014.

(c) The aforesaid adinterim relief in terms of prayer (b) is granted subject to following conditions:-

(i) The Petitioner and her husband shall abide by the assurances given to this Court which have been recorded earlier and shall file a written undertaking to this Court to that effect within a period of two weeks from today.

(ii) The Petitioner and her husband shall file written undertakings to this Court within a period of two weeks from today stating that without