[Resolved]  YOGESH BOSMIYA — NON ADMISSION

In the matter of Ramaben Babubhai Kanakia School (RBK School) At Mira Road (E), Thane – 401107.
And
In the matter of denial of admission of Master. Drashtant Bosmiya from Sr.kg to 1st standard


I, Yogesh P. Bosmiya, the father of Master Drashtant Bosmiya, Aged 5 years studying in Sr. Kg of Ramaben Babubhai Kanakia School at Mira Road (E), Thane hereby lodge a complaint against the school authority for its highhandedness and harassing the public at large and taking undue advantage of the poor parents who are unable to raise voice against the school authority.

I say that as per the directions given by the school authority, I approached the HDFC Bank Ltd., Prime Corner, Mira Road (E) Branch for payment of school fees towards my sons admission to 1st standard in Ramaben Babubhai Kanakia School (hereinafter referred as RBK School) and tendered Cheque No. 520082 dt. 30.01.2009 drawn on Oriental Bank of Commerce, Mira Road (E) Branch for a sum of Rs. 19, 940/-.

It is shocking that the said HDFC Bank Ltd., refused to accept the abovesaid cheque on 02.02.2009 on the ground that said cheque is drawn on Oriental Bank of Commerce (hereinafter called as OBC) and the said HDFC Bank wanted the cheque of the HDFC Bank itself be tendered.

I say that since I am not having an account with HDFC Bank, hence question of tendering the cheque of HDFC Bank did not arise and hence I once again approached the said HDFC Bank and tendered Cheque No. 520082 dt. 30.01.2009 drawn on Oriental Bank of Commerce, Mira Road (E) Branch. However the said HDFC Bank Ltd., refused to accept the said cheque of OBC and intimated to me that they have an instruction from the said RBK School not to accept the cheque of any other bank as the said RBK School wanted instant online payment.

I say that immediately on 11.02.2009 at about 9.00 a.m I approached the school authority and offered the cash amount of Rs. 19, 940/- towards the school fees. However the school staff refused to accept the fees on the ground that 10th February 2009 was the last date, therefore they have no any instruction to accept the payment after 10th February 2009 but however assured me that fees will be accepted on 16.02.2009 after the meeting with the Trustees.

On 16.02.2009 when I approached the school authority for the payment of school fees, once again the school authority refused to accept the fees on the ground that meeting of the school committee could not be held on 16.02.2009 to decide the matter, therefore requested the parents to come on 28.02.2009.

I say that in this regard I have addressed to letter dated 19.02.2009 to said HDFC Bank and copy to the said RBK School and Reserve Bank of India and OBC recording the above fact and the reason for delay caused and with request to re-consider the decision of the school authority.

I say that the said OBC vide its Letter dated 21.02.2009 addressed to the said HDFC Bank sought an explanation /reason for non acceptance of the cheque drawn on OBC.

The said HDFC Bank vide its letter dated 25.02.2009 intimated that they do not have any arrangement with the said RBK School for collection of fees by cheques drawn other bank other than HDFC Bank. This clearly goes to show that the said school authority and the said Bank are in hand in glow with each other and bent upon harassing the poor parents in the matter of admission of their minor children. In the said letter, the said HDFC Bank justified their action of refusal of cheques of other banks and maintained that same is due to arrangement with the RBK School.

I say that on 25.02.2009, I have tendered the Pay Order No. 997803 and Cheque No. 52008 dt. 30.01.2009 to the said bank, however the said HDFC Bank received the said letter against acknowledgement however refused to accept the

pay order and the cheque on the ground that last date to accept the school fees was 10.02.2009. The copy of the said letter was also marked to the Trustees of RBK School, Reserve Bank of India and OBC.

I say that even after 20.02.2009, the said School authority refused to accept the fees though the date was fixed by them and further informed that the Trustees have not taken any decision in the matter, therefore called me on 30.03.2009 and assured us that they will accept the fees of the students, accordingly on 30.03.2009 also same thing is repeated by the school Authorties and now the said school authorities have finally fixed the date on 04.04.2009 for considering the admission.

I say that in the meanwhile looking at the attitude of the trustees of the said RBK School I have caused a legal notice dated 09.03.2009 which is received by the said school calling upon them to admit his son to 1st standard for the academic year[protected] and accept the cash.

I say that to my utter surprise, and contrary to the various assurances given by the school authorities as narrated above, the said school authorities by its reply dated 23.3.2009 flatly denied the content of my Advocate’s letter and put various false allegations against me mentioning therein stating that I have deliberately delayed the payment and further informed that clear cut instruction cum notice was given to all the student above the payment in advance and further alleging falsely that I am not deligent in following instruction and make payment on or before 10.02.2009 and they further falsely alleged that to make a case in my support I have issued back dated cheques that they have not given any instructions to their Banker not to accept any cheques of any other banks. It is now crystal clear that the said school authority now putting a blame on HDFC Bank Ltd., and pointing out that HDFC Bank Ltd., is in fault in not accepting the cheques of any other Bank as the school has not given any instructions to the said Bank but on the contrary the HDFC Bank vide their letter dated 02.03.2009 clearly clarified that they have no arrangement with the school for collection fees by way of t collection of cheques of other banks.


It is now clear beyond all doubts that the school authority is acting highhandedly and harassing the parents and denying the admission to the kids who rightfully deserve on priority basis being in Sr. Kg. in the previous year and who yet to start their career and the school accordingly is unnessessarilly compelling the parents to approach authorities like you.

I say that in the said reply dated 23.03.2009, the said school authority clearly clarified that they have no vacancy available to admit my son in the school as they have space limitation to admit children in one class and they can not cross the limit.

I fail to understand that on 11.02.2009, the school authority have crossed the limitation and they have no vacancy and this can not be believed and I say that how on very next date of the alleged last date they have filled up the vacancy for which the school authority is not giving any reason, however they have vaguely denied the contents of Advocate Notice sent by me without keeping in mind that they are imparting education to the children which is a social cause and purpose and now they are behaving like they are in the business of education.

I say that in the abovesaid circumstances you are requested to intervene in the matter and issue necessary direction to the school authority to admit my son to the 1st standard from Sr. Kg. for the academic year[protected]