All private schools in city bound to serve needy students: UT

All private unaided schools, both minority and non-minority, are bound to serve the needy students from the economically weaker sections (EWS) and disadvantaged groups (DG) under the obligations of the land contracts as well as the Constitution, the UT Administration has ruled.

In an order to this effect passed recently to settle the contentious matter pertaining to the reimbursement of expenditure incurred by the private unaided schools on the admission of EWS/ DG students in the city, the Director School Education (DSE), HPS Brar, has made it clear that the grant of government land to the educational institutions at concessional rates and without auction was for charitable purpose.

“The reservation in the Scheme of 1996 currently determined by the Chandigarh Administration for admission to the schools for the students belonging to the EWS/ DG is 15 per cent, which constitutes not only the contractual obligation but also the constitutional obligation undertaken by virtue of Articles 21A, 41, 45 and 46, by such educational institutions,” the DSE noted, while ruling that such institutions owe a public duty to act in public interest and they are bound to discharge the same.

The order mentioned that there were a total of 83 unaided recognised private schools in Chandigarh, of which 20 were minority schools and 63 were non-minority schools. All these schools have been allotted government land under the Capital of Punjab (Development and Regulation) Act, 1952, at concessional rates for establishment and administration of such schools. Separate lease/ conveyance deeds were executed and registered, containing the terms and conditions. These schools were not only imparting elementary education but also running secondary and higher secondary classes.

“Even before the RTE Act, 2009, the Constitution of India imposed a duty upon the states to apply such principles to achieve the objective of a welfare state. It is in the light of this duty as well as other socio-economic factors, the UT Administration, to bring about uniformity and equity in all spheres and in exercise of powers conferred under Sections 3 and 22 of the 1952 Act, introduced the Clause 18 of allotment of land to educational institutions (schools), etc on a leasehold basis in the Chandigarh Scheme of 1996, as amended from time to time,” Brar recalled, while reproducing the relevant provisions of the Scheme of 1996, which was duly notified by the UT Administration on January 31, 1996.

Among other provisions, the Scheme of 1996 provided that the educational societies/institutions/schools/trusts shall be required to reserve 15 per cent or more seats as may be determined by the Chandigarh Administration from time to time, for students belonging to EWS. Also, the fee charged from those students shall be nominal preferably the same as is charged from the students of the government institutions.

These provisions have also bound the beneficiary schools to follow the instructions/guidelines/directions issued by the Chandigarh Administration from time to time regarding fee structure, reservations and admission procedure etc.

Besides, they are also required to appoint qualified teaching/other ministerial staff and pay them salaries as is required to be paid in the aided schools in Chandigarh.

The DSE also reproduced the relevant provisions of the RTE Act for the reservation of EWS/ DG seats in the private recognised unaided schools, which provided all such schools to reserve 25 per cent seats for the EWS/ DG students. However, as per the provision under Section 12 of the RTE Act, the reimbursement will be made to the extent of 10 per cent only.

“As per Clause 18 of the Scheme of 1996, the educational institutions/ schools are required to reserve 15 per cent seats forthwith for students belonging to EWS category. The said scheme is in furtherance of the condition of allotment already specified in the allotment letter. The Scheme of 1996 also does not distinguish between a minority or a non-minority, aided or unaided school, as made in the RTE Act,” Brar clarified, while adding that in essence, the Chandigarh Administration has sought the application of the said Scheme across all schools within its jurisdiction.