The Gujarat High Court in the case Deepakkumar Hasmukhbhai Mahida Versus State Of Gujarat observed and has dismissed the plea moved seeking directions for implementation of a District Education Officer’s order for refund of the fees which is additionally being charged from the students by a school.
The bench headed by Justice Nikhil S. Kariel in the case observed and has stated that 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. Therefore, it would appear before the court that he has no lis in the matter as he being neither the 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 court observed and has stated while considering the facts and circumstances of the case that the present plea moved would not be having 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 the account of non-implementation.
Further, the court emphasized and has observed that the exercise of the powers as stated under Article 226 of the Indian Constitution of India would only be invoked when the person has the legal right.
The court also stated that what is being sought for 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, thus, the same 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.
Accordingly, the court rejected the plea.