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Vivek High School derecognised over EWS admissions

It is the second institute in the city to be de-recognised by the administration this year. Earlier, in May, it had de-recognised St Kabir Public School, Sector 26, on similar grounds, but the school got temporary relief from the high court earlier this month.

Updated on: Dec 28, 2023, 09:14:02 IST
By , Chandigarh
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The Chandigarh administration on Wednesday de-recognised Vivek High School, Sector 38 for not giving admission to EWS students in 2023-24 and for not committing to do so in the 2024-25 session either.

The Chandigarh administration on Wednesday de-recognised Vivek High School, Sector 38 for not giving admission to EWS students in 2023-24 and for not committing to do so in the 2024-25 session either. (HT File)
The Chandigarh administration on Wednesday de-recognised Vivek High School, Sector 38 for not giving admission to EWS students in 2023-24 and for not committing to do so in the 2024-25 session either. (HT File)

It is the second institute in the city to be de-recognised by the administration this year. Earlier, in May, it had de-recognised St Kabir Public School, Sector 26, on similar grounds, but the school got temporary relief from the high court earlier this month.

Run by Bhagwant Singh Charitable Trust and started in 1984, the school got a minority tag on February 4, 2016. In 2017, a single judge bench had declared that it was not a minority institute. However, the appeal against the same is pending before the division bench of high court. The school’s chairperson HS Mamik is also the president of a private schools’ body in the city called, ‘Independent Schools Association’.

The school was issued a show-cause notice on December 16 for not giving 25% reservation to EWS and other disadvantaged groups under the Right of Children to Free and Compulsory Education (RTE) Act.

As per the order issued by the UT director school education Harsuhinderpal Singh Brar, the department has withdrawn the recognition of the school, with effect from April 1, 2024.

“The school continues to be non-compliant (of EWS norms) and for this reason, the claim of the school that it is ‘ready and willing to give admission to EWS/DG students’ is completely hollow with no positive intent to undertake EWS/DG category admissions, and is therefore rejected,” read the order, which came after the school’s response to the show-cause notice.

The UT’s order says the school, despite repeated requests by the department, chose not to participate in the centralised EWS admissions for 2023-24 and denied right of admission to 28 EWS/DG category students. Despite their obligation, till date the school doesn’t have even a single EWS category student. The department said all ISA non-minority school members barring Vivek High School have confirmed that they will be admitting, EWS students in their entry level classes in the next session

In response to the show-cause notice, the school had claimed that the provisions of the RTE Act are only applicable once the department grants recognition to the school under the provisions of RTE Act for which the school has applied first in the year 2013 and school inspection was carried out by the department on March 29 this year and they were awaiting its report. The school had also cited a 2004 dispute pending before the high court.

However, the order reads said, “With its repeated queries, the School is only trying to obfuscate its (School) obligation to providing EWS/DG admissions under the RTE Act and Land Allotment Scheme of 1996. For this reason, the claim being devoid of merit is hence rejected,” the order further stated.

Students can finish studies for current academic session

To protect the interest of the current students of the school, they shall be allowed to complete the 2023-24 academic session and also sit for the upcoming board exams. However, for the academic year 2024-25 and beyond, the students of the school shall be shifted, with their parents’ consent, to the neighbouring government schools of Chandigarh. The education department has also withdrawn the conditional permission given to the school, through a letter on December 6, to undertake admissions for the academic year 2024-25. The school has been directed to immediately return the application forms along with any fee deposited by the parents of prospective students for the 2024-25 academic session and the department claimed that the school shall not admit any student for the session 2023-24 and beyond.

The UT’s order says if the school submits an undertaking to the effect that it is ready to give admission to students belonging to EWS/DG category for the 2024-2025 academic session unconditionally to the extent of 25% in its entry-level class of pre-primary-1 (at minimum age of three years as on March 31, 2024) and gives its consent to participate in the department’s centralised online EWS admissions, both no later than January 9 2024, this order shall deemed to be withdrawn and the department will re-consider the school application for recognition under the RTE Act.

“Today, the press informed us that the department of education has issued a notice regarding the decognition of Vivek High School. Although we have not received a formal notice from the department, we are shocked to learn that the matter is sub judice. The next hearing is scheduled for January 16, and earlier in the case, we were granted recognition until further notice. In our opinion, this constitutes a contempt of court; however, after receiving the formal notice from the education department, we will elaborate on our response,” said HS Mamik.

It is among a dozen odd schools which got minority tag after 2012 judgment of apex court in which it was held that minority institutes are not bound to reserve seats for EWS category students under RTE Act. The city has 22 minority schools, only two schools have got no objection certificate from the UT administration. Thirteen schools had opted for the minority status after 2012. The city has a total of 82 private schools. There has been a spurt for minority status after 2012 SC order.