Skip to main content

High court holds private schools can't refuse to comply with RTE Act

The Punjab and Haryana high court has made it clear that private schools in Punjab cannot refuse to comply the mandatory regulations under the Right of Children to Free and Compulsory Education (RTE) Act, 2009 merely on the grounds that the state-run schools are also not maintaining that standard. "There can be no quibble with the proposition that standards of government schools need improvement. It does not imply that the private schools are not to comply with the mandate where they recover effectively more fee than is charged in the government schools," held a division bench headed by Chief Justice Sanjay Kishan Kaul.

The orders were passed by the bench after dismissing a plea filed by Punjab Private School Organization, an umbrella organization of all private schools of the state.

RTE Act had made laid out more stringent conditions for the recognition of private schools in Punjab and all existing schools were required to submit an application for grant of recognition by the competent authority of the state government. Punjab government had identified various private schools and ordered to close those institutions, which had failed to comply with the provisions.

Aggrieved by the closure order, the private schools body had moved the high court alleging that provisions of the RTE Act had violated their constitutional right. They also argued that norms and standards were not effectively applied to the government schools and those were not closed if those did not meet the norms.

After hearing the petition, the Chief Justice observed, "The private schools were given time to comply with the provisions of the Act and the rules, but they failed to do so. It is no answer to non-compliance to contend that the standards of government schools should also improve."

HC also expressed surprise over the petitioner organization moving the court to negate the RTE Act provisions, which were meant to ensure that the education standards were effectively applied to the private schools.

 Article referred: http://timesofindia.indiatimes.com/Home/Education/News/High-court-holds-private-schools-cant-refuse-to-comply-with-RTE-Act/articleshow/34344320.cms

Comments

Post a Comment

Most viewed this month

Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

Cause Title :  Bhagwant Singh vs  Financial Commissioner (Appeals) Punjab, Chandigarh,  CWP-2132-2018 (O&M), High Court Of Punjab & Haryana At Chandigarh Date of Judgment/Order : 31.08.2022 Corum : Hon’ble Mr. Justice Sudhir Mittal Background A large parcel of land was owned by the Nagar Panchayat. Thereafter, some of the co-sharers sold their shares to third parties including the petitioners herein. On 22.11.1995, respondents No.3 to 5 filed an application for partition of the land. The petitioners were not impleaded as parties.  On completion of proceedings, sanad was issued on 28.08.1996. Vide two separate sale deeds dated 28.05.2008 respondents No.3 and 5 sold some portion in favour of respondent No.6 and 7. These respondents sought implementation of the sanad resulting in issuance of warrants of possession dated 05.06.2008. Allegedly, it was then that the petitioners realized that joint land had been partitioned and that proceedings h...
Post a Comment
Read more

Power of Attorney holder can also file cheque bounce cases: Supreme Court

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the "authoritative" pronouncement on the issue, referred to it by a division bench in view of conflicting judgements of some high courts and the apex court. "We are of the view that the power of attorney holder may be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 of the Negotiable Instruments Act (which deals with cheque bounce cases)," the bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, said. The bench, in its judgement, said, "...we clarify the position and answer the questions in the following manner: "Filing of complaint petition under Section 138 of Negotiable Instruments Act through PoA holder is perfectly legal...
1 comment
Read more

Christian who reconverts as Hindu SC will get quota benefits

Amid the controversy over “ghar wapsi”, the Supreme Court on Thursday ruled that a person who “reconverts” from Christianity to Hinduism shall be entitled to reservation benefits if his forefathers belonged to a Scheduled Caste and the community accepts him after “reconversion”. Citing articles by B R Ambedkar and James Massey, and reports by Mandal Commission and Chinappa Commission, the court said: “There has been detailed study to indicate the Scheduled Caste persons belonging to Hindu religion, who had embraced Christianity with some kind of hope or aspiration, have remained socially, educationally and economically backward.” The bench of Justices Dipak Misra and V Gopala Gowda held that a person shall not be deprived of reservation benefits if he decides to “reconvert” to Hinduism and adopts the caste that his forefathers originally belonged to just because he was born to Christian parents or has a Christian spouse. Expanding the scope of a previous Constitution benc...
1 comment
Read more