HC issues notices to Punjab Government in PIL filed by Som Parkash, MLA, seeking quashing of relevant rules framed under Right to Education

Chandigarh: 1st Feb'19 (Niel Bhalinder Singh): HC issues notices to Punjab Government in PIL filed by Som Parkash, MLA, seeking quashing of relevant rules framed under Right to Education Act, 2009, which inhibit admissions of students from economically weaker sections against 25 % quota IN PRIVATE UNAIDED SCHOOLS:

A division Bench of the HC comprising Chief Justice and Justice Arun Palli today issued notices to Punjab Government, its Chief Secretary, and Education Secretary for 2.4.2019, in a PIL filed by Som Parkash, MLA, seeking quashing of provisions of Rule 7 (4) of the Punjab Right to Education Rules, 2011, which envisage that children from economically weaker sections and disadvantaged groups can be given admission in Class 1st  in a private unaided schools, if they are unable to get admission in a Government school or a private aided school.

Punjab Government

The petitioner has contended that aforesaid provisions are violative of the provisions contained in section 12 (1) © of the Right to Education Act, 2009, which mandates all private unaided schools to give admission to children from economically weaker sections and disadvantaged groups atleast to 25% of total seats in the said class. The rules of Punjab Government thus, totally frustrate the object of the Act, and favour the managements of private unaided schools.

The petitioner has stated that he had written to the then Education Minister, Daljeet Singh Cheema in this regard, and the latter informed him that since there was a primary school within  every one kilometer, and an upper primary school within a distance of every 3 kilo metres, therefore, there could not be any case of a child from eligible categories getting admission against 25% quota in any private unaided school in Punjab.

HC issues notices to Punjab Government

The petitioner asked a question  in this regard to Ms. Aruna Chaudhary, Education Minister during Assembly session, and was given the same answer , and same explanation by the Education Minister for nil admission of children   from economically weaker sections and disadvantaged groups in private unaided schools ever since 2009, when the aforesaid Legislation came into force.

The petitioner sent a legal notice also to the respondents on 14.11.2018 through his present Counsel, seeking amendment in the rules, but neither the petitioner, nor his Counsel has received any response so far from them. The petitioner is therefore, left with no other alternative except to file a PIL in the Hon’ble Court.