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LATEST NEWS UPDATES | HC tells private schools to follow RTE Act

HC tells private schools to follow RTE Act

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published Published on Apr 27, 2012   modified Modified on Apr 27, 2012
-Express News Service

Chandigarh: Making it clear that the Right to Education (RTE) Act will have an overriding effect on all other regulations on the reservation of seats for the economically weaker sections (EWS), the Punjab and Haryana High Court has told the private schools to comply with the RTE Act and the latest Supreme Court judgment on the Act.

Disposing of a bunch of petitions filed by private schools challenging various schemes of the UT Administration and demanding reimbursements, the High Court today “left open” the dispute pertaining to concession awarded to private schools at the time of allotment of land.

This would imply that the schools will take up the issue with the Administration, following which either of the aggrieved parties can knock on the doors of the High Court. Disposing of all the other petitions, the High Court has kept pending a public interest litigation (PIL) filed by social activist Hemant Goswami. The High Court also held that other rules and regulations on the reservation of seats for the economically weaker sections were not above the Right to Education Act.

As the bunch of petitions came up for hearing before a division bench comprising acting Chief Justice M M Kumar and Justice Alok Singh, senior advocate Rajiv Atma Ram contended that the Chandigarh Administration had formulated an education scheme in 1996. According to scheme, schools allotted land at subsidised rates or any other concession were liable to keep 15 per cent seats reserved for the economically weaker sections.

The reservation was reduced to 5 per cent seats in 2001 but was again changed to 15 per cent in 2005. However, till 2006 the Administration did not issue notice to any school for implementation of the orders. Later, the RTE was introduced and it became mandatory for all schools to provide 25 per cent reservation at the entry level class for the economically weaker sections. Opposing the averments raised by the private schools, Senior Standing Counsel for the Chandigarh Administration Sanjay Kaushal said that the schools had been allotted land at concessional and not market rates. After hearing the arguments, the Bench disposed of the petitions directing the schools to strictly comply with RTE rules.

Advocate APS Shergill, Counsel for Hemant Goswami, argued that since the schools were liable to implement reservations as per the Chandigarh Administration’s policy, they should be directed to keep the seats reserved in all classes from the entry level to higher classes.

He also demanded that the reimbursement should be made for only 10 per cent seats. For the remaining 15 per cent, the schools should bear the expenses as per the contractual obligation for taking the land or other concessions from the administration. This issue, the High Court ruled, will be decided when the petition filed by Goswami comes up for resumed hearing next week.

The Financial Express, 26 April, 2012, http://www.financialexpress.com/news/hc-tells-private-schools-to-follow-rte-act/941657/0


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