EMPEROR Vs. NEMCHAND NATHA

JUDGEMENT

(1.) The applicant in this case asks this Court to set aside an order of conviction made against him by the Sub-Divisional Magistrate, N.P., Surat, under Section 10 (1) of the Bombay Primary Education District Municipalities Act, 1918. The following are the material facts.

(2.) In compliance with the provisions of Section 3 of the said Act, primary education of girls was made compulsory in the Municipal district of Surat, from January 1, 1920. A School Committee has been duly appointed - its duties being, among others, to enforce the provisions of the Act respecting the attendance of children at school. It is admitted that by Section 7 of the Act the applicant was bound to cause his daughter Bai Parsan to attend a recognized primary school in the absence of a reasonable cause.

(3.) On January 3, 1923, the School Committee sent a notice (Ex. D ) to the applicant requiring him to appear before them on the 9 idem to show cause why he should not cause Bai Parsan to attend a recognized primary school. The notice was signed by the school attendance officer, on behalf of the Committee. The applicant failed to appear. The Committee thereupon resolved, on January 9 (Ex. E.), that an order should be served on him directing him to cause the child to attend a recognized primary school on or before the 18 of that month. An order to that effect (Ex. F) was served on him on the 13th; but it is said he refused to acknowledge its receipt.