Discrimination against EWS, BPL students: HC quashes FIRs against 2 pvt schools in Rewari

The schools are registered under the Haryana School Education Act, 1995 (1995 Act) and Haryana School Education Rules, 2003. The government had introduced Rule 134A, by way of an amendment and notification dated June 19, 2013, as per which the recognised private schools are required to reserve 10 per cent seats for meritorious students belonging to EWS and BPL categories.

On April 26, 2018, the Block Education Officer, Bawal (Rewari) passed an order stating that certain complaints had been received that transportation was not being provided to students from EWS and BPL categories admitted under the provisions of Rule 134A. It directed that if the school bus was going to the residential area of the concerned students, they could not be refused the facility. It also stated that if the provisions of Rule 134A were violated, recommendations would be made for cancellation of recognition of the concerned school.

Later, FIRs in under Section 188 (Disobedience to order duly promulgated by public servant) of IPC were registered against the two schools against which they moved HC. Opposing the petition, Rewari’s Deputy Commissioner submitted that there was great resentment among the aspiring candidates and their families. Even the students (from EWS and BPL categories) who were given admission were subjected to discrimination and separate classes were held for them. They were not provided the facility of transportation, which was available to other students.

The DC submitted the candidates and their families held demonstrations following which Section 144 CrPC was imposed to prevent obstruction, annoyance and injury to the public or to prevent disturbance to public tranquility. Since offence under Section 188 IPC is a cognizable offence, an FIR can always be registered.

The counsel for the schools, Gurmandeep Singh Sullar, contended that Rule 134A provided for admission of student and does not provide for extending of other facilities to them. It was contended that transport facilities are always provided on first come first serve basis as there are limited number of vehicles. It was further submitted that the DC at the relevant time took personal interest in the matter and got the illegal FIRs registered.

After hearing the arguments, Justice Aggarwal said that the Haryana government wanted strict implementation of Rule 134A. “Though Rule 134A mentions only about admissions and not about other facilities, it goes without saying that schools should offer the same facilities to students of EWS and BPL categories and there should be no discrimination,” the bench said.

A perusal of the order shows that it does not refer to any dharnas being organized by the parents nor does it refer to any law and order situation, the bench said adding that the order does not mention as to what was the urgent situation or what danger was apprehended as a result of which, the order under Section 144 CrPC was passed. The FIRs in question were registered under Section 188 IPC for alleged violation of the order passed under Section 144 CrPC, the court said.

“The Deputy Commissioner had no authority to get the FIRs registered…mere registration of the FIRs in question was a total abuse and misuse of the process of law,” the bench said while quashing the FIRs.