Alld HC Stays Order Of De-Recognition Under RTE Act For Schools Built On Leased Land [Read Order]
On Thursday, the Allahabad High Court stayed an order of the UP government stating that schools running under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) should have owned premises, otherwise recognition will not be granted to them under Sections 18 and 19 of the Act. On January 11, 2019, Special Secretary to the State had issued an order that schools,...
On Thursday, the Allahabad High Court stayed an order of the UP government stating that schools running under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) should have owned premises, otherwise recognition will not be granted to them under Sections 18 and 19 of the Act.
On January 11, 2019, Special Secretary to the State had issued an order that schools, not owning premises will not be considered for granting recognition under the RTE Act. Further, those schools that did not qualify the aforementioned condition but had already obtained recognition under the Act were granted one year to comply with the stipulated conditions.
Granting a month's time to the state to file its counter affidavit, the single-Judge bench of Justice Rajiv Joshi has listed the matter next month.
"Learned Standing counsel prays for and is granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List thereafter.
In the meantime, no action shall be taken against the petitioner's association with regard to the owning of the building of the school," the order read.
The Petitioner-school has contended that the impugned govt. order is in stark contradiction not only with the RTE Act and the rules framed thereunder but also previous govt. orders. To this end, it pointed out a govt. order dated May 5, 2013, whereby the govt. had provided provision of submitting 10 yrs registered rent/ lease agreement of the school building, for granting recognition.
It has been contended that the impugned govt. order is arbitrary and illegal inasmuch as it tries to make modifications in a statute and rules framed thereunder, by administrative action.
"when the rules which are framed in pursuance of the Act does not contain any specific stipulation of the building being unsuccessfully to be owned by the society running the school then by a government order the said stipulation cannot be fastened upon the petitioners," the plea read.
Case Details:
Case Title: Rama Educational Academy v. State of UP & Ors.
Case No.: Writ C No. 641/2020
Quorum: Justice Rajiv Joshi
Appearance: Sr. Advocate Anoop Trivedi with Advocates Abhinav Gaur and Vibhu Rai (for Petitioner)
Read Order