CENTRE FOR CIVIL SOCIETY
Social Change Through Public Policy |
|
For Immediate Release |
New Delhi |
Haryana School Closure Order Quashed by Punjab and Haryana High Court
New
Delhi – The Punjab and Haryana High court passed a judgement on 15
January 2015, quashing the blanket school closure order issued by
Haryana Authorities in 2013 against private schools that did not meet
recognition norms, or had not applied for recognition under Sections 18
and 19 of the Right of Children to Free and Compulsory Education Act,
2009. The order stated:
"[...]the
petitioners themselves admitted that after the notices were issued
some of them had given replies and some of them had not; some of them
applied for recognition under the Act and some may not have. Whatever
were the failings of the petitioners, there is a modicum of procedure
that the State is bound to follow before the orders are passed
directing closure of the schools. If only the State had
undertaken any inspection and noticed on a case to case basis that norms
had not been fulfilled or applications had not even been filed or
replies had not been given, it would not be possible for the State to
pass the order in the manner that it did. [...] An
omnibus order that the replies submitted were not found in proper
order only betrays a complete lack of application of mind. If
the schools were required to be closed or recognition was required to
be withdrawn, there bound to be for reasons laid down under the 2003
Rules or under the RTE Act. [...] “
On
17 September 2013, the Haryana Government had issued a blanket
school closure order for private schools running in the state that did
not comply with Sections 18 and 19 of the RTE Act. A Writ Petition (WP
(c) no. 21936 of 2013) was filed by Jhilmil Phulwari and other budget
private schools, including members of the National Independent Schools
Alliance, an initiative of Centre for Civil Society, in the High Court
at Chandigarh, against the closure orders issued by
the Haryana Authorities.
“Private
schools outperform government schools on almost parameters, at a
fraction of the functioning cost. The poor are voting with their feet
away from government schools, and the High Court judgement is a step
toward strengthening the position of budget private schools in the
country and creating access to education of choice for all”, said Parth
J Shah, President, Centre for Civil Society.
The
court’s judgement is significant, especially in light of the facts
that Pratham’s Annual Status of Education Report 2014 throws up. In
2014, enrolment in private schools in Haryana increased from 51.4 to
54.2 percent in rural areas. Private schools also perform better, on
average, than government schools in the State, with only 36.5 percent
of children in Std III in government schools being able to read a Std I
text, while the figure for private schools is 82.8 percent. Similarly,
for mathematics skills, in government schools, 24.3 percent student in
Std III could do subtraction, while in private schools this figure is
74.7 percent.
“Norms
and standards are not effectively applied to government schools, and
if these schools do not comply with RTE norms, they are not shut down.
But a private school is required to shut down, despite it having better
learning outcomes than a government school” said Prashant Narang,
Advocate, iJustice.
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For further information, contact Samta Arora (samta@ccs.in | +91 99538 27773) |
Saturday, January 24, 2015
Haryana School Closure Order Quashed by Punjab and Haryana High Court
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