Vivek High School moves High Court against Chandigarh’s EWS ‘diktat’

Tribune News Service

Saurabh Malik

Chandigarh, January 10

Less than a fortnight after Director, School Education, UT, “illegally, arbitrarily, erroneously” rejected the application for recognition of Vivek High School, the Punjab and Haryana High Court has issued a notice of motion to the Chandigarh Administration and its functionaries, while staying the operation of the adverse order. The matter pertains to EWS admissions.

The direction by Justice Vinod S Bhardwaj came on a petition filed against the Administration and other respondents by Bhagwant Singh Charitable Trust and Independent Schools’ Association Chandigarh through senior advocate Aashish Chopra with counsel Yash Pal Sharma.

Appearing before Justice Bhardwaj’s Bench, Chopra contended on the petitioners’ behalf that a similar controversy was already pending before the high court in the case of “Independent Schools’ Association Chandigarh and another versus Chandigarh Administration and others”. Chopra contended that a notice of motion had already been issued in the matter and an interim order had also been passed.

Taking note of the submissions, Justice Bhardwaj issued a notice of motion, which was accepted by UT senior standing counsel Anil Mehta. He prayed for additional time to complete the instructions and file a response, if necessary. Fixing January 20 as the next date of hearing in both matters, the Bench directed interim orders “in the same terms”.

Going into the background of the matter, the petitioners contended that a petition filed in 2010 was disposed of by the high court vide order dated December 5, 2013, after holding that the reservation for the economically weaker section of society would be governed by the provisions of the Right of Children to Free and Compulsory Education Act, 2009, as it had come into force. The extent of reservation, where land has been provided at concessional rate, would not exceed 25 per cent of the total.

It was added that the respondents, however, on misconceived and erroneous basis continued directing the schools to admit students belonging to the EWS to the extent of 15 per cent of the total reservation of 25 per cent, suggesting that the said reservation was on account of land being granted allegedly at a concessional rate under a 1996 scheme, while informing that reimbursement would be made only to the extent of 10 per cent.

“Besides the submission that the said assertion was misconceived, it in any event could not be said to be applicable to the case of the petitioner-trust having been allotted land much prior to the 1996 scheme coming into force and hence not bound to provide any reservation,” it was added.

Row over reservation

• Petitioner claims UT Admn, ‘on misconceived basis’, directing schools to admit 15% EWS students of total reservation of 25%
• UT maintained the said reservation was on account of land granted at a ‘concessional rate’ under a 1996 scheme
• Petitioner says rule can’t be enforced on it since it got land much prior to the 1996 scheme

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