Plea in Delhi HC against DoE circular denying re-imbursement for students admitted offline
Dec 13, 2022
New Delhi [India], December 13 : A petition has been filed in Delhi High Court on Tuesday seeking quashing of the Director of Education (DoE)'s circular issued on August 8 this year denying reimbursement for students admitted offline when the department had adopted an online mode of admission for pupils from the weaker sections and the disadvantaged groups.
According to the petitioner, "The impugned circular issued by the Director of Education is without any jurisdiction to subject the reimbursement to the online admission even for the year when the online admission process was not introduced in the member schools".
The matter was listed for hearing on Tuesday before the Division Bench of Delhi High Court, which later transferred it before the appropriate single bench for hearing on December 14.
"Seeking the direction of the court to declare the said impugned circular to be "ultra vires" to Section 12(2) of the Right of Children to free and compulsory Education Act, 2009.
Under the provisions of section 12(2) of the RTE Act, 2009, the school is entitled to reimbursement against students admitted under section 12(1)(c) of the RTE Act, 2009," the plea said.
The plea stated that the impugned circular *is at the teeth* of Section 12(2) of the Right of Children to free and compulsory Education Act, 2009 and amounts to amendment in the legislation through a circular which is a denial of reimbursement for a part of students admitted under section 12(1)(c) of RTE Act, 2009.
The petitioner 'Private Land Public Schools Trust' claiming to be an association of recognized unaided private schools situated on private land, through Lawyers Khagesh Jha and Shikha Sharma Bagga stated that the member schools were receiving the reimbursement up to session 2021-22 for all such students and there is not a single allegation about any irregularity in the admission or any administration during the process of admission.
The competent authorities have already verified the facts of the claim for reimbursement and all of a sudden director of education has no jurisdiction to issue any such circular, the plea said.
The petitioner submits that there are over 2000 recognized schools in Delhi, out of which over 75 per cent are budget schools, participating in the achievement of the goal of quality education in Delhi.
'Children belonging to the middle class and lower middle class receive education from such schools without any support either in terms of land or any other grants, are continuously playing their essential role driven by the principal of philanthropy," the plea stated.
The petitioner through its lawyers asserted that the member schools are recognized private schools in true terms, fulfil all the statutory norms and the students have been admitted strictly under the statutory provisions and the same has been verified by the department of education several times.
"The Parliament enacted the Right of Children to Free and Compulsory Education Act, 2009, follow-up legislation to provide a statutory shape to Article 21A of the Constitution of India, with the very loud object of creating of humane society by providing equal opportunity for education to all. The above-mentioned act is not only applicable to the government but the private unaided schools have been imposed a duty to admit a minimum of 25 per cent children from weaker section and disadvantaged groups," the plea further added.
