Supreme CourtDivision Bench(1998) 08 SC CK 0018

The Secretary/President Anandilal Ganesh Podar Society vs Shri Ashok Bhimani and Others

Supreme Court Of India · Decided on 17 August 1998 · Citation: AIR 1999 SC 1492 : (1998) 9 JT 456 : (1998) 4 SCALE 658 : (2000) 10 SCC 487

HON’BLE JUDGES
S. B. Majmudar, J · M. Jagannadha Rao, J
RESULT
Dismissed
CASE NUMBER
C.A. No. 4010 of 1998 (Arising out of S.L.P. (C) No. 10399 of 1998

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Judgment

3 paragraphs · 239 words
1.

Leave granted.

2.

We have heard learned counsel for the parties finally.

3.

In our view, the interim order passed by the High Court deserves to be modified in terms of the ad interim order passed by this Court on 29.6.1998, meaning thereby that without prejudice to the rights and contentions of the parties in the pending writ petition in the High Court, the appellant shall be entitled to charge the fees which were being charged during the academic year 1997-98 only and that will enure for this academic year subject to the result in the writ petition. It is clarified that this order will also apply to the fees to be charged from students in the pre-primary section which will be on the basis of fees charged last year. We request the High Court to make it convenient to decide the writ petition as early as possible preferably before 31.12.1998. It is obvious that it is open to the High Court to pass appropriate final orders in the writ petition when it comes to be finally disposed of. It is also clarified that the charges of parent enrichment fees of Rs. 250/- collected twice a year is purely voluntary in nature and not compulsory, as fairly submitted by learned senior counsel for the appellant. He states that whoever wants to pay these fees voluntarily, will be permitted to pay. The appeal is disposed of accordingly. No costs.