Hi,
I have a friend named Ramesh (married with 2 children). Both the children study in the same school called XXX, the elder one (Arman) is in 11th standard and the younger one (Sidhart) in 9th. Now, since Ramesh is not a well earning fellow, but he somehow managed to give quality education to his children, something he was deprived of. And personally I don't see it as a crime. As we all know XXX is a highly reputed school in YYY and with reputation comes it's own costs. Ramesh could only afford to put one of his sons on a full fee scale but since Arman was a brilliant student and hardworking too, he was set as an example for Sidhart and Sidhart himself proved his own capability in the interview. On the basis of the credibility of Arman, Sidhart was exempted for paying the fees by the school authorities. Which was a good way to help a brilliant child towards excellence by the School and also morally correct in terms of the income of Ramesh.
Since his 1st class, Sidhart was exempted to pay the annual school fees and now when he is in class 9th, in this Corona Pandemic, the school authorities have changed their minds and are asking Ramesh to pay fees for Sidhart too, breaking their word of commitment. The point is that not only the school but everyone else had been a victim of the pandemic including Ramesh, in this situation he is not able to run his own household properly, how could the School ask for fees of Sidhart.
Ramesh went for a personal chat with the School Authorities but they refused to understand his side of suffering and ordered him to pay the fees of his younger child or else warned him that they will have to expel Sidhart from the school. Now with some of his wise friend's advise, Ramesh had filed a plea (regarding the matter) in the local jurisdiction of the school which falls under Patiala Court, Delhi. But the Court dismissed the matter leaving Ramesh vulnerable to pay the fees.
I wish to help my friend in this matter by filing a writ in the hon'ble High Court, Delhi and wish to know the steps of the same.
How do we file a Writ in the hon'ble High Court, Delhi?
What are the steps?
Hoping a positive reply from people so it can make a difference for a brilliant child like Sidhart and a poor father who only has a dream that their children have a quality education.
Thanks đđ»
Writs are a written order from the Supreme Court or High Court that commands constitutional remedies for Indian Citizens against the violation of their fundamental rights. Article 32 in the Indian Constitution deals with constitutional remedies that an Indian citizen can seek from the Supreme Court and High Court against the violation of his/her fundamental rights.
The same article gives the Supreme Court power to issue writs for the enforcement of rights whereas the High Court has the same power under Article 226.
There are 5 types of writs, which are as follows -
1.) Habeas Corpus -
The Latin meaning of the word âHabeas Corpusâ is âTo have the body of.â This writ is used to enforce the fundamental right of individual liberty against unlawful detention.
Through Habeas Corpus, Supreme Court/High Court orders one person who has arrested another person to bring the body of the latter before the court.
2.) Mandamus -
The literal meaning of this writ is âWe command.â This writ is used by the court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work. Besides public officials, Mandamus can be issued against any public body, a corporation, an inferior court, a tribunal, or government for the same purpose.
3.) Prohibition -
The literal meaning of âProhibitionâ is âTo forbid.â A court that is higher in position issues a Prohibition writ against a court that is lower in position to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. It directs inactivity.
4.) Certiorari -
The literal meaning of the writ of âCertiorariâ is âTo be certifiedâ or âTo be informed.â This writ is issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case.
It is issued on the grounds of an excess of jurisdiction or lack of jurisdiction or error of law. It not only prevents but also cures for the mistakes in the judiciary.
5.) Quo-Warranto -
The literal meaning of the writ of âQuo-Warrantoâ is âBy what authority or warrant.â Supreme Court or High Court issue this writ to prevent illegal usurpation of a public office by a person. Through this writ, the court enquires into the legality of a claim of a person to a public office.
Down below is the link which is about the procedures when filing a writ in High Court, which would be helpful for you.
https://www.lawyersclubindia.com/articles/details.asp?mod_id=11204
