The Punjab and Haryana High Court has given an important decision regarding the Right to Education Act (RTE). The court has clarified that the private non-minority schools which were given land by the Chandigarh Administration before the 1996 policy, are entitled to get the full reimbursement of fees for admissions made on 25 percent seats under the Economically Weaker Section (EWS). This payment will be made by the administration.
Justice Harsimran Singh Sethi canceled the order of the administration in which the recognition of Sant Kabir and Vivek High School was canceled. The court also rejected the administration’s argument that only the fees of 10 percent admissions can be refunded under the 1996 policy.
The 1996 policy cannot be implemented on the RTE Act
The question before the court was whether private non-minority schools that admit poor children on 25% seats under the RTE Act 2009 are entitled to reimbursement of full fees, especially when the land was given to them before 1996? The court clearly said that the 1996 policy, which was made under the Capital Development and Regulation Act, 1952, cannot be above the central law RTE.
The court said that under the RTE Act, it is mandatory for all private non-minority schools to admit 25 percent EWS seats. Now the administration has been directed to prepare a list of eligible students and send it to the concerned schools. If any school has an objection to the eligibility of any student, then the administration will decide on it and it will be considered final.
The court also said that the schools will have to admit the EWS students sent by the administration. No separate correspondence will be done on this.
This decision has brought relief to all the private non-minority schools in Chandigarh which were given land before 1996. Now these schools will be entitled to reimbursement of full fees for 25 percent EWS seats. This will reduce the financial burden on the schools and the Right to Education Act will be implemented properly.