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2017 (7) TMI 1459 - HC - Indian LawsRule of interpretation - principle of harmonious construction - Locus standi - whether individual parents have locus to approach the Divisional Fee Regulatory Committee (DFRC) under the provisions of the Maharashtra Educational Institutes (Regulation of Fees) Act? - HELD THAT:- Sub-Section 1 of Section 10 provide that powers and functions of DFRC shall be to adjudicate the dispute between the school management and the PTA regarding fee to be charged by the school management from the students. However, a particular sections of statute cannot be read in isolation. While considering the provisions of law, the Court will have to take into consideration various provisions of the statute and apply the principle of harmonious construction. The other principal that require consideration is the first principal of interpretation. That is of plain and literal construction. Only when the effect cannot be given to the legislative intent, a recourse to the other principals of statutory interpretation would be permissible. It is more than well settled that a right to appeal is a creature of a statute. There cannot be an inherent right to an appeal, until the statute specifically provides for the same. If the legislature in its wisdom has not provided for right to appeal by individual parents before DFRC, if we arrive at the interpretation urged by Respondent Parents by resorting to the pragmatic principle of interpretation, we are of the view that we will be totally encroaching upon the legislative functions of the legislature. The learned counsel for the Respondents may be justified in contending that the legislative enactment which provides a right to appeal only to the management and not to the parents is discriminatory and in violation of Article 14 - while entertaining the Petition of the Petitioners raising basic issue as to the tenability of the appeal at the instance of individual parents, it will not be permissible to consider challenge of the Respondents - the Respondent No. 1 has erred in entertaining the grievance on behalf of the individual parents. The dispute with regard to constitution of PTA or the Executive Committee is beyond the purview of the said enactment. If any of the parties are aggrieved with the constitution of PTA, the same being an association, such party would either have to invoke the jurisdiction of the Civil Court, if the association is not registered or if it is registered under the provisions of the Maharashtra Public Trust Act, then the competent authority under the said Act. We find that the direction issued in that regard by the Respondent No. 1, is also without jurisdiction. There are no hesitation in accepting the arguments of the Respondents - Parents that the said enactment has been enacted with the avowed object of prohibiting exploitation of the parents. However, though it is held that the contention of the Respondents Parents is correct in that regard. In the exercise of powers under Article 226, the provisions of the statute cannot be surpassed. Petition allowed.
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