KOBAD JEHANGIR BHARDA Vs. FAROKH SIDHWA

JUDGEMENT

(1.) IN Writ petition No. 2053 of 1989 under Article 226 of the Constitution of India, the petitioner, 12 years of age, impugned the validity of his expulsion from the educational institutions. Pratap, J. , by his judgment dated 18th September, 1989, dismissed the petition summarily. The petitioner appeals to us.

(2.) DADAR Athornan Madrasa---hereinafter referred to as "the Madrasa"---a Public Charitable Trust registered under the Bombay Public Trusts Act, is an educational institution which trains Zorastrian Parsi Children between 6-14 years for initiating them into priesthood. It is a residential school---a seminary---having 45 inmates. The respondents Nos. 1 to 4 are the Trustees and the respondent No. 3 is the Principle of the Madrasa. The respondent No. 5, an ex-student, is a tutor in the Madrasa. Dadar Parsi Youth Assembly School---hereinafter referred to as "the School"---is also a School run by Public Charitable Trust. The Respondents Nos. 7 to 11 are its Trustees and the respondent No. 6 is its Principal. The school imparts secular education upto S. S. C. Examination. Although, the Madrasa is not formally affiliated to the School, all the inmates of the Madrasa are admitted to the School. The inmates of the Madrasa receive education in the School. The School is recognised by the Government of Maharashtra---respondent No. 12. The respondent Nos. 13 and 14 are the Deputy Director of Education, Government of Maharashtra and the Education Inspector respectively.

(3.) IN his petition under Article 226 of the Constitution of India, the petitioner, aged 12 years, impugned the validity of his explosion from the Madrasa and the School and certain other acts of the Respondents Nos. 1 to 11 and sought reliefs against the Respondents Nos. 12 to 14.