[ 1 ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.695 OF 2007 Amit Mahendra Gokani ... Petitioner. Vs. The State of Maharashtra and ors. ... Respondents. Mr. O.W.Menezes i/b. Mr. chako Joseph for the petitioner. Mrs. S.M.Dandekar AGP for respondent Nos. 1 & 2. Mr. D.D.Madon Sr. Counsel alongwith Sanjay Jain i/b. L.J. Law for respondent No. 4(a). Mr. Nitin Thakkar Sr. Counsel i/b. Meghraj & Associats for rspondentNO. 4(b) CORAM CORAM CORAM : P.B.Majmudar and : P.B.Majmudar and : P.B.Majmudar and A.A.Sayed, A.A.Sayed, A.A.Sayed, JJ. JJ. JJ. DATE DATE DATE : September 12, 2008. : September 12, 2008. : September 12, 2008. [ 2 ] P.C. 1. Heard the learned Counsel for the parties. 2. A problem of a child of a tender age is to be considered by this Court in this petition, as ultimately, it is the welfare of a minor, which is of paramount interest. 3. This petition has been filed by the father of a child, namely, Master Satvik Amit Gokani praying that the respondent No.4(b) school may be directed to admit the petitioner’s son Master Satvik to the first standard for the academic year 2007-08. The child was initially enrolled in the respondent No.4(a) School for pre-primary education. Thereafter, the child was enrolled in Standard 1st in the respondent No.4(b). According to the petitioner, both the schools i.e. respondent No. 4(a) and 4(b) belong to the same management and Trust, however, the learned Counsel for the respondents disputed the same. Since this is a disputed aspect of the matter it is not necessary to go into the said controversy while deciding this petition. It is a fact that by virtue of interim order passed by this Court the child was enrolled in Standard 1st in [ 3 ] the Respondent No. 4(b). Admittedly, the child has completed his academic term of the 1st standard, however, the child has not been enrolled in 2nd standard. Therefore, a separate notice of motion being Notice of Motion No. 324 of 2007 was taken out by the petitioner with a prayer to direct the respondent to enroll his son Satvik in 2nd standard. The prayer has been seriously opposed by the learned Senior Counsel for the respondents Mr. Madon on the ground that the interim order was only in respect of enrolling the child in 1st standard. 4. During the course of hearing today, a suggestion was made to the Managing Trustee of the School as to whether it is possible for the respondent No.4(b) School Management to enrol the child in 2nd standard so that the precious academic year of the child is not lost. Learned Senior Counsel Mr. Madon, on taking instructions from the Managing Trustee, Mr. Mehta, who is present in Court today, submitted that the institution has no difficulty to admit the student in 2nd standard for the academic year March 2008 to February, 2009, however, the allegations and counter allegations made by the petitioner in petition against the respondents be directed to be withdrawn. The [ 4 ] learned Senior Counsel Mr. Madon further submitted that the institution is agreeable to the suggestion only with a view to see that the future of the child and the career as such of the student may not be affected any further. In order to see that cordial atmosphere may continue to prevail between the parents and the guardians of the student and the Management of the school, the allegations and counter allegations made by the petitioner and the respondents against each other should be allowed to be withdrawn. Mr. Menezes, the learned Counsel for the petitioner submitted that the parents and the guardians of the child are ready to withdraw whatever allegations have been made against the respondents and willing to forget whatever happened in the past so that the academic career of the petitioner’s son may not be affected. It is submitted that from March, 2009, the parents of the child would see to it that the child is enrolled in some other school. In our view both the sides have taken a very reasonable and pragmatic view of the matter with a view to see that the career of the child is not spoiled. Mr.Madon appearing for the respondent - school submitted that the child is having a bright academic career and the school is having love and affection towards the child. It is submitted that during the [ 5 ] period for which the child is in the school up to the next academic year i.e. till February, 2009, all the facilities at par with the other students will be made available to the petitioner’s son including canteen, sports, entertainment etc. and all the extra curriculum facilities as per the norms of the school, provided the applicable fees are required to be be paid by the parents of the child for such amenities and for the extra curriculum facilities. The learned Counsel for the petitioner Mr. Menezes has also submitted that whatever are the required fees and charges for such facilities and amenities provided by the school will be paid. The learned Counsel on both the sides have made these statements after taking instructions from their respective clients. 5. Mr. Madon appearing for the respondent- school submitted that at the end of academic year 2008-09 in February, 2008, the son of the petitioner will be issued with school leaving certificate as also the report card to enable the son of the petitioner to get admission in 3rd standard in some other school. Mr.Madon submitted that the child is having excellent academic career. In our view ultimately both the sides have taken such a view to protect the interest and [ 6 ] welfare of the child and that the academic career of the child is not spoilt in view of this legal battle. Accordingly we have accepted the statements of the learned Counsel appearing for both the sides. Needless to say that both, the petitioner as well as the school authorities should not raise any dispute in future in connection with the subject matter of the petition. 6. Considering all these aspects, the petition is disposed of by giving the following directions. (a) The respondent No.4 - institution shall enroll the name of the son of the petitioner in 2nd standard only for the academic year March, 2008 to February, 2009; (b) The respondent No.4- school institution to provide all the facilities to the son of the petitioner at par with the other students of the school; (c) At the end of academic year 2008-09 in February 2009, the respondent No.4 - school Management shall issue school leaving certificate to the son of the petitioner as [ 7 ] well as the Report Card for the 1st standard as well as for the 2nd standard to enable the petitioner to enrol his son in some other school; (d) The petitioner as well as the respondents shall withdraw all the complaints/ allegations made against each other and all those allegations and complaints in connection with this petition shall stand withdrawn and accordingly no allegations/ complaint should be taken in account; (e) The balance fees, if any, shall be paid by the petitioner in relation to the education etc. of his son in case any intimation in that regard is received from the respondent- School Management. The respondent- School Management shall intimate the same also to the advocate for the petitioner. (f) Whatever amount is deposited and lying in this Court vide the interim orders of this Court in this matter shall be allowed to be withdrawn by the respondent No.4- School; [ 8 ] 7. At this stage the learned Counsel for the petitioner submitted that since both the sides arrived at settlement to solve the dispute, he is not even pressing for the issue regarding travelling only by the school bus and that so long as the petitioner’s son is in the respondents school, he will abide by the rules and regulations of the school. In our view so far as this aspect of the matter is concerned, is little bit more important issue, however, in view of the stand taken by the petitioner as well as the respondent- school Management, now same is not required to be considered in this petition. However, that issue is kept open for future litigation, if any, in this behalf. 9. The learned Counsel for the respondent- school Management makes a statement that the son of the petitioner will be allowed to attend the school from Monday, the 15th September, 2008 and all the facilities will be available for him at par with the other students, the son of the petitioner to attend the school regularly from Monday, the 15th September, 2008 till the end of the academic year 2008-09 i.e. up to February, 2009. [ 9 ] 10. The Court appreciates the gestures of both the sides for taking pragmatic view of the matter in the interest, welfare and educational career of the child. 11. The petition stands disposed of in the above terms. 12. In view of disposal of the petition itself, nothing survives in the notice of motion, the same accordingly stands disposed of. [P.B.Majmudar, [P.B.Majmudar, [P.B.Majmudar, J.] J.] J.] [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.]