File affidavit on EWS admissions, High Court tells Chandigarh Adviser

Saurabh Malik

Chandigarh, December 16

The Punjab and Haryana High Court has directed the Adviser to UT Administrator to file an affidavit on the admission process for children belonging to weaker sections of society and vacant seats in government schools in the city.

The direction by Justice Sudhir Mittal came after petitioner Bharatiya Vidya Bhavan submitted before the Bench children were being sent to private schools to fill the 25 per cent quota provided under the RTE Act, 2009, without filling seats available in neighbouring government schools — a contention denied by the UT Administration.

Taking up the petition filed against the administration and other respondents by the institution through senior counsel Munisha Gandhi with advocates Viraj Gandhi and Adarsh Dubey, Justice Mittal made it clear coercive steps should not be taken against the petitioner. The order will remain in operation till January 9 next year, when the case comes up for resumed hearing.

The direction followed the senior counsel’s submission the petitioner was being threatened with de-recognition, if students were not admitted to the school in accordance with “the interpretation of the situation by the UT Administration”.

“Considering the fact the petitioner is an old institution and is catering to the education of a large section of society, including the underprivileged, coercive steps be not taken till the next date of hearing,” Justice Mittal asserted.

At the onset, Justice Mittal observed the parties were at a variance regarding the admission process of children belonging to weaker sections of society and vacancies in neighbouring government schools. As per the senior counsel for the petitioner, children from weaker sections were being sent to private schools without filling seats in neighbouring government schools.

On children being redirected to private schools by the government after they applied to it for admission to primary schools, counsel appearing for the UT Administration Anil Mehta did not accept the submissions.

“Thus, I deem it appropriate for the Adviser to the Administrator, UT, Chandigarh, to file an appropriate affidavit clarifying the issues aforementioned,” Justice Mittal directed before parting with the order.