The division bench of Justice M B Ghodeswar and Justice B N Srikrishna witnessed an amusing situation when the Infant Jesus School, Chincholi Bunder, Malad (W) claimed that the student, eight-year-old Krunal Rupani, was being `instigated' by his father to harass the school authorities. The child apparently did so by seeking to relieve himself every half an hour. The division bench was amused as it read the calender remarks on the child.

The school authorities claimed that the father, Jayraj Rupani, got into a confrontationist attitude with the school authorities frequently. Despite being forbiddento do so, he apparently brought in his vehicle into the school compound. The school also took objection that the father went to the police and complained about the school authorities. The school decided they could not keep the child and claimed that the parents-teachers association had supported their decision. They ``discharged'' the child on April.., 1999 and gave a transfer certificate remarking that the child was `disobedient'.

Rupani, who was the petitioner along with the Forum for Fairness in Education, however, countered that his child was being singled out because he has been on the forefront of waging a war against the school for charging a donation of Rs 10,000 and many such donations for advertisements in souvenirs or certain functions. Counsel for the FFE, Mihir Desai, pointed out the recent judgement on the New Era School case, wherein the Chief Justice had held that schools could charge only that much fees or any fees only on state government approval. Desai countered that at this late date,and with a transfer certificate besmirched, the child could not get admission anywhere.

The division bench directed that the school will keep the child for a year and if it is not satisfied with the child's behaviour, will give issue a transfer certificate without any adverse remarks at the end of the academic year.

The bench also restrained the father from entering the school premises, from `instigating' the child and from bringing the car into the school compound.

As for the school, the bench directed that the school will approach the state government about its donations and the state will take action according to law against the school.