PANKAJ KAUSHIK Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) THE case set up by the petitioner is that respondent No. 3 is affiliated to Central Board of Secondary Education and is covered under the definition of School as per Section 2(n)(iv) of the Right of Children to Free and Compulsory Education Act, 2009 [for short 'the Act'] and since the petitioner belongs to the Economic Weaker Section [for short 'EWS'], therefore, as per Rule 134 of the Haryana School Education Rules, 2009 [for short 'the Rules'], respondent No. 3 is not only obliged to declare the result of the ward of the petitioner of Class III, but also to promote him in Class IV without asking for a sum of Rs. 15,000/ - towards fee/charges of Class III. It is submitted that petitioner is working as driver in the Civil Hospital Ballabgarh, Faridabad on D.C. rates. Respondent No. 3/School is in the neighbourhood and is within the radius of 2 Kms from the residence of the petitioner and being privately un -aided school is covered under the Act. After notice, respondent No. 3 has filed its reply, in which it is urged that the School is being run by 'IDICULA TRUST SOCIETY' which is registered on 6.7.1971 and has been declared to be Minority Educational Institution by virtue of the certificate dated 27.7.2012 issued by the National Commission for Minority Educational Institutions. The certificate reads thus: -

(2.) LEARNED counsel for respondent No. 3 has further argued that the School is Unaided Minority Institution and is not covered under the Act, as Section 2(n)(iv) of the Act covers an unaided school, not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority, but it does not cover the schools which are unaided minority institutions.