Citizen's Voice, an NGO, has decided to move a contempt petition in Punjab and Haryana High Court against officers of the UT Administration as well as the schools for violating the high court order stating 15 per cent students from economically disadvantaged sections of society would have to be admitted to all classes.
On April 25 last year, the high court, while disposing of a petition filed by Independent Schools Association, ordered in the judgment, "15 per cent quota would mean 15 per cent of the students to be admitted to each class in a year. In other words, the quota of 15 per cent is not required to be maintained at the entry level alone. It has to be maintained in the subsequent classes as well."
The high court also noted that prior to Chandigarh rules, the Delhi Education Code was applicable to allotment of lands for school. As per Delhi rules, 25 per cent seats have to go to EWS in lieu of the land allotted to schools.
Social activist Hemant Goswami has already issued a legal notice to the UT Administration officers, including the administrator and the education secretary, alleging contempt of court and corruption within administration.
"Schools are bound to admit students in the EWS category in each and every class and not just at the entry level. The Chandigarh administration is acting corruptly and illegally against public interest to benefit private schools and thereby trying to wrongly suggest that admission under EWS or RTE category is limited only to entry level classes," members of the NGO said.
Goswami, along with the National Students Union of India (NSUI), has also decided to move an intervening application before the National Minority Commission questioning the stand of Vivek High School, Sector 38; St Kabir Public School, Sector 26 and others on which they are claiming minority status.
Goswami also asserted, "The law allows the government to move the court for change of trustees and/or members of a public charitable society, if the society/trust managing these private schools are not following the statutory provisions and/or are not working in the interest of the public. The land allotted to various so-claimed charitable societies/ trusts running these schools should be cancelled and the government should take over their management."
Nitin Goyal,an advocate and a social worker, pointed out that the private schools have been trying to escape from admitting EWS students on flimsy grounds just to save their elitist tag. The provisions of the RTE Act are quite clear and the rules are water-tight. All private schools are being run by registered charitable trusts/societies with a binding duty to promote education among the disadvantaged sections.
Sunny Mehta of NSUI said students of Panjab University had formed a group to fight against the private schools who are not following the provisions of RTE. "Our teams are visiting the colonies, the schools as well as meeting the Chandigarh administration to ensure effective implementation of the RTE legislation. In the forthcoming days, we will also hold admission camps outside private schools," Mehta added.
Independent Schools Association (ISA) president H S Mamik said private schools are not against the RTE Act. Moreover, the constitution of India provides rights to declare a school a minority if that school is fulfilling certain norms.
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