SATBIR SINGH HOODA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present Public Interest Litigation has been filed with the objective of seeking implementation of Rule 134-A of the Haryana School Education Rules, 2003 (hereinafter referred to as the said Rules) framed under the powers vested in pursuance to Section 24 of the Haryana School Education Act, 1995 (hereinafter referred to as the said Act). The sequitur relief sought is that where private unaided recognized schools do not comply with the mandate of the said Rules, their recognition should be withdrawn in terms of the provisions of Section 21(4)(b) of the said Act.

(2.) The aforesaid petition has been pending for the last three years and much water has flown since the filing of the petition. There have been various directions issued by the Court from time to time and the pleadings also in fact have become voluminous. It is in this context that we have heard learned counsels for the parties as well as Ms. Surina Rajan, Principal Secretary, School Education, Haryana to understand the mode and manner of implementation of the provisions of the said Act and the Rules as inter-play has arisen on account of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred to as the Central Act) having come into force w.e.f. 01.04.2010.

(3.) In order to appreciate the aforesaid, it is necessary to discuss some of the provisions of the said Act and the Rules as well as the Central Act.