Case Note & Summary
The petitioner, Master Pavan Mundaware through his guardian Jayashree Vijay Mundaware, filed a writ petition before the Bombay High Court challenging the expulsion of his son and daughter from Ashoka Universal School, an unaided minority institution. The court noted that the petitioner had previously filed Writ Petition No. 5378 of 2013 on similar issues, which was disposed of by a judgment dated 21st July 2015. In that earlier judgment, the court had held that the writ petition was maintainable against the unaided minority school but declared the expulsion orders illegal and bad in law. Despite this, the petitioner filed the present petition again raising the same issues. The court observed that the earlier order dated 16th August 2013 had been passed against the petitioner. The court found that the present petition was barred by the principle of res judicata as the matter had already been finally decided between the same parties. Consequently, the court dismissed the writ petition with no order as to costs.
Headnote
A) Civil Procedure - Res Judicata - Principle of Finality - Earlier Judgment - The petitioner filed a second writ petition challenging the expulsion of his children from an unaided minority school, despite a prior judgment dated 21st July 2015 in Writ Petition No. 5378 of 2013 which had already adjudicated the same issues between the same parties. The court held that the earlier judgment operates as res judicata and the present petition is not maintainable. (Paras 1-3)
Issue of Consideration
Whether the present writ petition is maintainable in view of the earlier judgment dated 21st July 2015 passed in Writ Petition No. 5378 of 2013 between the same parties on similar issues.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Res judicata
- maintainability of writ petition against unaided minority institution
- finality of earlier judgment
