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2016 Supreme(HP) 749

TARLOK SINGH CHAUHAN
Business Institute of Management Studies – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rajesh Prakash, Advocate.
For the Respondent:Ms. Meenakashi Sharma, Additional Advocate General with Ms. Parul Negi and Mr. Pankaj Negi, Deputy Advocate Generals, for respondent No. 1.
Mr. Dilip Sharma, Senior Advocate with Mr. Manish Sharma, Advocate, for respondent No. 2.
Mr. Ajit Sharma and Mr. Prashant Sharma, Advocates, for respondents No. 3 to 6.

JUDGMENT :

Tarlok Singh Chauhan, J.

1. “Mata shatru pita bairi, yena balo na pathita. Na shobhate sabha madhye hans madhye bako yatha.”

This is a Sanskrit saying espousing the importance of education. It means that “Parents who do not educate their children are their children’s enemies. Such children look as awkward in any gathering, as a Stork amongst dainty Swans.”

2. Education is an investment made by the nation in its children for harvesting future crop of responsible adults productive of a well-functioning society (Refer Rohit Singhal Vs. Jawahar Navodya Vidyalaya, (2003) 1 SCC 687).

3. Since common questions of law and fact arise for consideration, therefore, both these writ petitions were taken up together for hearing and are being disposed of by way of a common judgment.

4. These petitions are directed against the order passed in case Nos. 2 and 3 of 2012, whereby respondent No. 2 directed the petitioners to jointly and severally refund the fees taken from private respondents.

The facts in brief may be noticed.

5. The petitioner institute is a registered education society, under the Societies Registration Act, 2006 and would claim that it was recognized by the Sikkim Manipal Univer


















































































































































































































































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