AI Structured Summary
Not yet generated for this judgment
Judgment
Sanjaya Kumar Mishra, J
Heard Mr. Prateek Tripathi, learned counsel for the writ applicant, Mr. Atul Bahuguna, learned counsel for the Union of India, Mr. B.P.S.Mer, learned State counsel and Mr. Shiv Pandey, learned counsel for the respondent no. 7.
Petitioner being father of a student, namely, Manya, who was student of class 10th in the Mussoorie International School, Dehradun, has sought a writ of mandamus directing the respondent no. 7 not to charge the boarding and lodging charges for the lockdown period by the school in contravention to the Government Order No. 28/XXIV-B-5/2020/05 (01)/2021 dated 15th January, 2021 and the Government Order No. 102/XXIV-B-5/2020/05(01)/2021 dated 22nd March, 2021. Learned counsel has further prayed to direct the School Authority to release the certificates, i.e. mark-sheets, Conduct Certificate, Pass Certificate, Transfer Certificate, Migration Certificate and Character certificate.
Learned counsel Mr. Shiv Pande appearing for the respondent no. 7 would submit that on the last date, he appeared on the instructions received from the School and submitted that he will file Vakalatnama on behalf of respondent no. 7.
Today, Mr. Shiv Pande submits that he has filed Vakalatnama and received instructions from his client-respondent no. 7 and they have no objection if the petitioner goes his school and collect the certificates. However, he submits that whenever the dispute remains regarding the petitioner or his ward and the school, the same shall be determined as per the agreement which contains Arbitration Clause.
Learned counsel for the State has also no objection to the same.
Hence, the writ application is allowed in part. The petitioner and his ward are hereby directed to appear before the School Authority within seven days and on such event, the respondent no. 7 shall release the certificates in favour of the petitioner or his daughter. We also give liberty to both the parties to approach the Arbitrator, if any dispute is subsisting.
Urgent certified copy of this order be granted on proper application.