Education Dept can’t direct admissions: UT : The Tribune India

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Chandigarh, November 12

The UT Administration on Monday told the Punjab and Haryana High Court that the Department of Education was lacking authority to direct the management of a private school to admit a particular child.

In a reply submitted before the court, IAS officer-cum-UT Education Secretary BL Sharma said the Department of Education did not have the authority to direct the management to admit a particular child to the school, either under the Right of Children to Free and Compulsory Education, or under the Punjab Education Code.

The Bench was also told that at all private schools, however, were under obligation to admit at least 25 per cent children belonging to the weaker section and disadvantaged group in the neighbourhood. The affidavit added that no student up to elementary level could be expelled from the primary school under the provisions of the RTE Act.

It was further added that Vivek High School, Sector 38, Chandigarh, had approached the National Commission of Minority Education Institutions, New Delhi, seeking minority status directly. The commission granted minority status to the school, which was challenged by the administration and the high court quashed the order vide judgment dated August 17. The review application filed by Vivek School was also dismissed and an appeal filed by the school is to be listed for hearing on November 13.

The developments took place on a petition filed by one Sanjiv Garg against UT and other respondents. The petitioner was seeking directions to Vivek High School to allow his son to rejoin or continue in the school at the earliest.

The genesis of the case was when Garg filed a complaint to the Chandigarh Commission for Protection of Child Rights alleging that his son studying in Class VI of the school was subjected to corporal punishment. He had to suffer mental harassment. A letter was sent to the school principal directing the authorities to allow the child to attend the school and continue with his education.