HC issues notice to Chandigarh over admissions for EWS students in private schools

The petitioner, through counsels, AA Chopra and Yashpal Sharma, have also in their plea sought direction/clarification that no fee/funds are to be charged from such children/students to be admitted up to Class VIII.

The Bench of Justice Vinod S. Bhardwaj after hearing the matter, issued notice to the Chandigarh Administration. (File)

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The Punjab and Haryana High Court have issued notice to the Chandigarh Administration over a petition filed by Independent School Association, Chandigarh, seeking quashing of every such memo which seek to make it mandatory for private unaided school(s) to admit children/students under Economically Weaker Section (EWS) category, on account of an alleged obligation under the Right of Children to Free and Compulsory Education Act, 2009.

The petitioner, through counsels, AA Chopra and Yashpal Sharma, have also in their plea sought direction/clarification that no fee/funds are to be charged from such children/students to be admitted up to Class VIII. The plea also mentions that the school(s) are being reimbursed only to the extent of 10 per cent for the students admitted under EWS category, even though the school(s) are admitting students to the extent of 25 per cent of the total strength under the 2009 Right to Education Act.

The petitioners have also specifically sought directions to the respondents (Chandigarh administration) not to impose any condition on private unaided minority school(s) for admitting the students belonging to EWS category under the 1996 Scheme as well as interim directions to restrain the respondents from insisting the petitioners to admit students belonging to EWS/ Disadvantaged Group (DG) category under the RTE Act or the 1996 Scheme; and further to restrain the respondents from taking any precipitate action against the petitioners.

It was added by the petitioner’s counsels that one of the respondent in the matter, in an illegal, highhanded and arbitrary manner, resorted to precipitate action against the member school of the petitioner-association, notwithstanding the fact that the writ petitions were at an advanced stage and ripe for arguments. The action was taken in total disregard of the issues raised and was evident from an order dated May 10, wherein one of the respondents refused recognition St Kabir Public School (SKPS) beyond March 31, essentially revoking the provisional recognition granted to it.

The Bench of Justice Vinod S. Bhardwaj after hearing the matter, issued notice to the Chandigarh Administration.

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