Disposed

Manoj Kumar Jaswal v. State of Haryana & Ors.

Punjab & Haryana HC4 Sept 2012CWP/15225/2012

Case brief

AI extract

What is this about?

This writ petition challenged the operation of private schools in Haryana without recognition under the RTE Act and the Haryana School Education Act. The court directed the closure of specific non-compliant schools and ordered a state-wide survey to identify and address other violations.

What did the court decide?

Direction to close two specific schools and conduct a state-wide survey of schools within four months.

Manoj Kumar Jaswal Vs State of Haryana… — Education and Admissions | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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Civil Writ Petition No.15225 of 2012 Date of Decision: September 04, 2012

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Manoj Kumar Jaswal

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..... PETITIONER(S)

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VERSUS State of Haryana & others

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..... RESPONDENT(S)

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. . .

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CORAM: HON'BLE MR. JUSTICE JASBIR SINGH, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAKESH KUMAR JAIN

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. . .

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PRESENT: - Mr. Sajjan Singh Malik, Advocate, for the petitioner. Mr. B.S. Rana, Additional Advocate General, Haryana.

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Mr. P.S. Jammu, Advocate, for respondent Nos.7, 8 and 10.

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. . .

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Jasbir Singh, ACJ (Oral)

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Written statement filed on behalf of respondent Nos.7, 8 and 10 is taken on record.

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In this writ petition, it is grievance of the petitioner that respondent Nos.7 to 10, without getting any recognition, as is necessary under law, are running the schools in Faridabad (Haryana). It is specifically stated that before starting the

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CWP No.15225 of 2012 [2]

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above schools, the management has not obtained any recognition as is necessary under the provisions of Section 18 of the Right of Children to Free and Compulsory Education Act, 2009 (for short, 'the Act of 2009') and also, in violation of the provisions of Sections 4 & 5 of the Haryana School Education Act, 1995 and the Rules

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framed thereunder.

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On 9.8.2012, the following order was passed by

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this Court:-

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“By filing this writ petition it is brought to the notice of the Court that in Haryana a large number of Schools have been going on without obtaining recognition either from the Haryana School Education Board or any other competent authority. It has been so said by making reference to information received under Right to Information Act, 2005 (Annexure P-2).

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Notice of motion for 30.8.2012.

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Mr. B.S. Rana, Additional Advocate General, Haryana accepts notice on behalf of respondent Nos.1 to 6. Counsel for the petitioner is directed to supply seven copies of the writ petition during course of the day to Mr. Rana.

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Service to respondent Nos.7 to 10 be effected dasti also.

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Financial Commissioner-cum-Principal Secretary, Department of Education, State of Haryana is directed to file a status report as to whether the information given in Annexure P2 is correct or not and further when complaints regarding operating the schools without obtaining affiliation were received what action was taken thereon and if not, why?”

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In response thereto, reply has been filed by Surina

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Rajan, Principal Secretary to Government of Haryana, School Education Department, wherein it is stated that respondent No.9 has ceased to exist. It is stated that so far as respondent No.10 is

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CWP No.15225 of 2012 [3]

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concerned, permanent recognition has been given to it, to run a school upto 8^th standard and temporary recognition has been given upto 10^th standard. So far as respondent Nos.7 and 8 are concerned, it is stated that since both the schools are running without getting any recognition as per law, notices for closure have been issued to the above two schools on 29.8.2012.

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In view of the facts mentioned above, we dispose of this writ petition with a direction to respondent Nos.3 and 4 to ensure that respondent Nos.7 and 8 close their schools in terms of notices given to them. Respondent No.2 – Financial Secretary cum Principal Secretary, Haryana, is directed to conduct a survey in the entire State of Haryana to ensure that no school is established/allowed to function in violation of the provisions of Section 18 of the Act of 2009 as well as the provisions of Haryana School Education Act, 1995 and Rules framed thereunder. Survey be completed within four months and a report be placed on record of this case.

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(Jasbir Singh) Acting Chief Justice

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(Rakesh Kumar Jain)

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September 04, 2012 Judge avin

Manoj Kumar Jaswal v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

Manoj Kumar Jaswal v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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