GOPAL SRINIVAS BANAHATTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IS Sainik School, Satara, which runs under the aegis of the Sainik School Society-a Society duly registered under the societies Registration Act, 1860-a State Government or Central Government and hence entitled to the benefit of extended period of 30 years limitation for filing a suit under Article 112 of the Limitation Act, is the point of law that needs to be determined in this litigation.

(2.) SAINIK School imparts required education to young lads interested in making Regular Armed Forces as their career. Scholarships are also awarded to the students who are admitted by selection process. Quantum depends upon income of the guaidian. Course is for five years. Admission is given on certain terms and conditions. The guardian has to execute a surety bond to the effect that if for any reason, not beyond the control of either the student or the guarantor, the student fails to pursue his studies at the said school before appearing for selection for entry to any institution, the guarantor shall be liable to pay to the Governors of the School in cash the amount received from the School or the value of the scholorships received for the period the student was taking education in the school.

(3.) GOPAL Banahatti (the original defendant) had executed such bond, dated 10-3-1965 (Exh. 32) as a guarantor for his son Dilip who was admitted to the school on 15-3-1965. Dilip pursued studies for three years and thereafter discontinued. The defendant communicated by a letter, dated 8-2-1968 that the name of Dilip should be removed from the rolls as he was being withdrawn from the said school since he was not keeping good health and was having liver problems at Satara, The Principal of the school wrote back calling upon the defendant to pay back the value of the scholarship amounting to Rs. 4875 for three years and also the fees of rs. 410 for the months of January and February 1968. Since the amount was not paid and Dilip ceased to attend the school, the State of Maharashtra and the Government of India as Plaintiff Nos. 1 and 2 have filed this suit on 10-7-1972 for recovery of a sum of Rs. 4875.