Read Order: Sarva Haryana Private School Trust vs State of Haryana & Ors

Vivek Gupta

Chandigarh, July 6, 2021: The Punjab and Haryana High Court on Tuesday stayed the orders of Haryana Education Department issued in March whereby it directed the District Education Officers to make admissions of students in government schools without School Leaving Certificate.

The High Court ordered the stay based on the petition filed by Sarva Haryana Private School Trust, a body of private unaided schools of Haryana, which contended that government officials were circulating information on social media regarding admitting students without school leaving certificates and parents are thereby encouraged to admit their children in government schools without paying fees to the private schools where their kids already study.

As per the private school body’s plea, the apex court has laid down the judgment in respect of the rights of private unaided schools to receive the outstanding fee and funds. However, as a result of the Haryana education department’s order whereby it is not mandatory to have a school leaving certificate for fresh admission in government schools, private unrecognised schools are suffering financially.

The petition stated that no recognised school can admit a student from another recognised school without a School Leaving Certificate (SLC).

The petitioner also stated that the Haryana Education Department also passed orders vide which they have the power to change the MIS Portal of private unaided schools so that the names of students — who have been admitted in government schools without SLC — will be shifted from private unaided schools to government schools without the approval of the former schools. 

“It is just tantamount to the tampering in the official record by the respondents by violating the statutory provisions, ” the plea said.

In its interim order, the High Court Bench of Justice Sudhir Mittal said that the operation of the education department’s communication dated March 10, 2021 is stayed. Meanwhile, the matter is adjourned to October 28, 2021

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