VIDYA KISHORE RAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, the petitioners have challenged the order of the Sessions Court in revision upholding the order of the Addl. Chief Metropolitan Magistrate, 5th Court, Dadar, Mumbai. The Courts below have refused to discharge the petitioners from a prosecution under Section 7 of the Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987, hereinafter referred to as the "Act", which reads as follows:

(2.) The petitioners' school is an unaided school imparting education upto pre-primary stage. It collected development funds from guardians of students who are admitted to it. The amounts received by the petitioners were duly acknowledged by receipts issued by the petitioners. Initially, the Anti-Corruption Bureau on a complaint from one of the parents raided the petitioners' school and apprehended its employees while accepting an amount of Rs. 3,000/- by way of post-dated cheque for which the petitioners had issued a stamped receipt. The Anti-Corruption Bureau filed a charge-sheet against the petitioners in the Court of the Metropolitan Magistrate at Dadar. Apparently, at some stage, it was noticed that the Anti-Corruption Bureau had no locus in the matter and, therefore, the prosecution was taken over by the police. The petitioners were charged with violation of the Act for having accepted development funds from guardians of the students.

(3.) On 24.11.1999 the petitioners made an application before the Addl. Chief Metropolitan Magistrate stating that they were not public servants and, in any case, the Act was not applicable because kindergarten classes are unaided and no fees are prescribed by the Government under the Act. The Addl. Chief Metropolitan Magistrate dismissed the application. Against that decision, the petitioners filed a Revision Application before the Sessions Court, Mumbai. The learned Addl. Sessions Judge dismissed the application on 17.4.2001. Hence, this Writ Petition.