P&H HC Seeks State's Response On Plea Seeking CBI Probe Into Rule Exempting Private Schools From Reserving Seats For Weaker Sections Of Students

The Punjab and Haryana High Court has issued notice to the Punjab Government on a petition seeking a CBI probe into the insertion of a rule with "ulterior motive" that allegedly exempts private schools from reserving seats for students belonging to the weaker sections.

The Punjab Government had introduced Rule 7 (4) of Punjab Right To Education Rules, 2011, due to which children belonging to the weaker sections and disadvantaged groups in Punjab are not able get admissions in Private unaided schools as provided for in the RTE Act 2009. However the same was repealed in March after High Court's direction to reserve 25% seats for weaker section of the society.

Chief Justice Sheel Nagu and Justice Sanjiv Berry issued notice to the Punjab Government and listed the case for September 22.

The plea file by KS Raju Legal Trust stated that under the Punjab RTE Rules, 2011 giving admissions under Section 12 (1) (c) of RTE Act, 2009 is an essential condition.

It was alleged that for 15 years, the Private unaided schools in Punjab contravened this essential condition and yet escaped de-recognition as well as payment of fines under Section 18 of the RTE Act because of the legal protection given to them by the Respondent in the form of Rule 7 (4).

The Government, on purposely letting the private unaided schools in Punjab off the hook, has caused colossal loss of revenue to the State by not imposing and collecting the mandatory fine under Section 18 of the RTE Act read with Punjab RTE Rules, 2011 for 15 long years, it added.

The plea also sought direction to the Punjab Government, to give admissions to the Children belonging to weaker Section between 7-13 years in non-minority unaided private schools in classes "corresponding to their age in the current academic year (2025-26) under Section I2 (l)(c) of the RTE Act 2009 as they missed the bus at the entry level in the previous years because of the unlawful Rule 7 (4) of Puniab 'RTE Rules, 2011."

Dr Jagmohan Singh Raju appeared for the petitioner in person 

Vipin Pal Yadav Ad AG for Punjab Government 

Title: KS Raju Legal Trust v. State of Punjab