Hostel/boarding /residential schools
ashok
(Querist) 19 October 2016
This query is : Resolved
Sir, please guide me how to prove in court that specific school is day school or Boarding school since the state/central Boards of school Education (cbse) has no set of rules governing /affiliation of boarding schools..
Devajyoti Barman
(Expert) 19 October 2016
Give details of your case. It is a vague one.
Kumar Doab
(Expert) 19 October 2016
Post full details.
How are you related with the matter!
Rajendra K Goyal
(Expert) 19 October 2016
How are you concerned?
Academic query, state material facts of the problem if any.
ashok
(Querist) 19 October 2016
in a cocp, the respondent had furnished a document signed by Principal of a pvt (cbse) school being run by a Trust : that a minor male child (8 yrs) is studying in school and is in school hostel
(and within month that child leave hostel to live with his father who happens to live in the same city where school is situated.. )
The respondent had not submitted any other document except principal's letter e. g
i) any admission cum allotment letter of school Hostel if any, issued by school authorities
jj) any Agreement to be Executed by the Parent/Guardian of Child with school due for Admission/Already Admitted to School mentioning terms & conditions regarding duration of period in school hostel etc.
Moreover, as per copy of school prospectus issued at the time of school admission, annexed with cocp, there is no mention of any 'school hostel' & there's no mention of Hostel staff under the category of "non teaching staff" in school prospectus
there's no mention of school's own website regarding school's hostel
However, the cocp is dismissed by court only with the reason in view of schhol principal 's letter
Now, a review petition intends to file in court and I want more foolproof evidence regarding whether such schools are under category of boarding or day schools..
it is pertinent to mention that a separate complaint (side by side cocp) has already been filed in appropriate court by petitioner against respondent and school P which is under pre-evidence stage
Rajendra K Goyal
(Expert) 19 October 2016
Letter from Principal can be accepted, if you doubt, you can call the principal to verify the letter and depose in the case.
You can file all documents in the court that letter from Principal is false and no hostel is associated with the school.
Discuss all facts with your lawyer, whether same can be submitted at the time of review.
Kumar Doab
(Expert) 19 October 2016
The author has posted that:
"that a minor male child (8 yrs) is studying in school and is in school hostel"
How the fee for hostel was paid?
How was it accounted?
ashok
(Querist) 19 October 2016
Kumar Doab sir, the judge himself has gone through 'the receipts' annexued with petition. in the name of the recepits only were of Bank's depositor counter foils receipts where at the top 'with hand' "hostel" (for one month )is written. No school's official receipts were produced by respondent in WS or else where in any court.. The cocp was filed after distt judge order the respondent to get admit the child in boarding school
During cocp, petitioner advocate requested the court to call principal in court even the advocate was ready to give counter affidevit that there's no hostel in that school exists but Court rejected all pleadings of counsel..
Kumar Doab
(Expert) 20 October 2016
" in the name of the recepits only were of Bank's depositor counter foils receipts "
This is a usual procedure/practice followed for deposit of fee.
Many Institutes accept online payment thru bank as well.
The remarks of the fee deposit slip copy might be accepted.
Rajendra K Goyal
(Expert) 20 October 2016
Full case file need to be referred, discuss with your lawyer.
ashok
(Querist) 20 October 2016
Kumar Doab sir, the bankers receipts should be considered 'valid' in courts or else where, if specific school/institution full particulars are printed or mentioned therein, but In this specific case it is not there..
However, my query is 'which authority approves opening of a boarding schools in India ?"
( In RTI reply, the concerned DC office has
replied they have no concern with private schools )
Rajendra K Goyal
(Expert) 21 October 2016
there is no hard and fast rule whether which document from which institution can be considered as valid, acceptance / credit ability depend on each and every document individually. Support of secondary evidences play big role.
Kumar Doab
(Expert) 21 October 2016
You have posted that:
"the bankers receipts should be considered 'valid' in courts or else where, if specific school/institution full particulars are printed or mentioned therein, but In this specific case it is not there.. '
It is a bit surprising.
If fee is collected by bank deposit then the voucher has to have bank a/c number, name of entity in whose a/c money is being deposited.
"in the name of the recepits only were of Bank's depositor counter foils receipts where at the top 'with hand' "hostel" (for one month )is written.'
So head under which fee is collected is written.
Rajendra K Goyal
(Expert) 21 October 2016
As advised above, discuss with your lawyer in detail.
