E-Paper
HC directs Punjab private schools to reserve 25% seats for EWS children
The Punjab government has been directed to ensure strict enforcement of the ruling in the coming 2025-26 session.
The Punjab and Haryana High Court has directed all the private unaided recognised schools in Punjab to reserve 25% of their Class 1 seats for children from weaker and disadvantaged backgrounds.
The Punjab government has been directed to ensure strict enforcement of the ruling in the coming 2025-26 session.
A bench of chief justice Sheel Nagu and justice HS Grewal stated that it is settled by the principles of interpretation of statute that in case of conflict between statutory rules and the Act, the Act prevails. The orders were passed on February 19 and details were made available on Tuesday.
“As an interim measure, it is directed that all private unaided recognised schools satisfying the criteria laid down under the Right of Children to Free and Compulsory Education Act, 2009 Act shall reserve 25% of seats in Class I, to be filled up exclusively by children belonging to weaker sections and disadvantaged group living in the neighbourhood of the school to provide free and compulsory education. The functionaries of State of Punjab are directed to ensure compliance of this order for admission to 2025-26 session,” the court said.
The petitioner Jagmohan Singh Raju, had contended that the restrictions placed by Rule 7(4) of Punjab RTE Rules, 2011 virtually nullify the concept of the Right to Education Act, 2009 especially extended constitutionally to children belonging to weaker sections and disadvantaged groups.
As per the rule in Punjab, EWS students must first attempt to secure admission in government or aided schools. They could apply for reserved seats in private schools only if no seats were available there. But admission to these seats would be made by a draw of lots.
The petitioner had further contended, by referring to Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009 (in short “the RTE Act, 2009”) that it is obligatory for all schools described in sub-clause (iv) of Clause (n) of Section 2 Right of Children to Free and Compulsory Education Act, 2009 (2009 Act for brevity) to reserve 25% of the strength of Class I to be filled up by children belonging to weaker sections and disadvantaged group living in the neighbourhood to provide free and compulsory education.
