Gujarat High Court Dismisses Plea Seeking Implementation Of District Education Officer’s Order To School For Refund Of Additional Fees

The Gujarat High Court has dismissed a plea seeking directions for implementation of a District Education Officer's order for refund of the fees additionally charged from the students by a school

Justice Nikhil S. Kariel said though the order may have been passed upon a complaint filed by the petitioner but he is is not a person who could be stated to be aggrieved on account of non compliance of the order. It would appear that he has no lis in the matter as he is neither a parent of any child studying in the school nor it is his case that he is in any other manner connected with the activities of the school, the bench said.

“Under such circumstances, in the considered opinion of this Court, the present petitioner would not have any locus to file the present petition more particularly the parents, whose fees might not have been refunded by the respondent no.3 School, probably would be the only persons who would have any locus to be aggrieved on account of non implementation,” said the court.

The court emphasized that the exercise of powers under Article 226 of the Indian Constitution could only be invoked when a person has a legal right.

“In the instant case, essentially, what is sought for by the present petition is execution of an order passed by the District Education Officer, Kheda in the considered opinion of this Court, without delving much into much in to the issue, it would appear that such a prayer, would not be within the purview of this Court to pass nor would this Court be inclined to entertain such an application,” the court said while rejecting the petition.

Case Title: Deepakkumar Hasmukhbhai Mahida Versus State Of Gujarat R/Special Civil Application No. 12204 Of 2023

Case Citation: 2023 Livelaw (Guj) 125

Appearance:

Deepak N Khanchandani(7781) For The Petitioner(S) No. 1 For The Respondent(S) No. 2,3

Mr Jayneel Parikh Assistant Government Pleader/Pp For The Respondent(S) No. 1

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