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Court stays investigation against educational trust

mumbai Updated: Aug 02, 2011 01:52 IST
HT Correspondent
HT Correspondent
Hindustan Times
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In an interim relief to St Lawrence Education Society -that runs 32 unaided schools across the country - the Bombay High Court on Monday ordered a stay on investigations against Ryan International School, over allegations of taking capitation fee levelled by a parent.

Dinesh Dubey had filed an FIR with the MIDC police stating that the school, in 2009, had demanded Rs11,000 as capitation fee from him. Subsequently, Grace Pinto, the trustee of St Lawrence Education Society that runs the school, moved court challenging the constitutional validity of the Maharashtra Educational Institutions (Prohibition of capitation fee) Act and urged the court to quash the complaint.

Dubey further alleged that the school had charged Rs 5 as late fee and Rs 1,300 for other miscellaneous expenses.

Pinto maintained that the schools run by the trust do not charge capitation fee and the money paid by Dubey, for which a receipt was issued, was a voluntary contribution to the corpus of St Xavier's Trust.

The petitioner's lawyer Nithin Pradhan stated that the late fee was charged, as the fee for 2009 was not paid on time and the remaining amount was paid towards library charges, medical check-up and field trips among others. Pinto also expressed surprise at how the case was filed despite all the details being furnished.

Pradhan argued that during the pendency of the case the court should stay the investigations and direct the police not take any coercive action against the petitioner. A division bench of justice BH Marlapalle and justice UD Salvi stayed the investigation.

The case
Dinesh Dubey had filed an FIR with the MIDC police stating that Ryan International School, in 2009, had demanded
Rs 11,000 as capitation fee.

Subsequently, Grace Pinto, the trustee of St Lawrence Education Society that runs the school, moved court.

The school alleged that the money paid by Dubey was a voluntary contribution to the corpus of St Xavier's Trust.