[Haryana School Education Rules] High Court Refuses Interference With Decision To Withdraw Rule 134A On 10% EWS Quota In Private Schools

The Bench comprising Chief Justice Ravi Shanker Jha and Justice Arun Palli further noted that the as per Section 24 (3) of the Haryana School Education Act, 1995 laying of the Rules before the House of the State Legislature is not a provision requiring prior laying but the Rule has to be laid before the House of the State Legislature, soon after it is made.

Language of the provision is clear and when confronted with the same, learned senior counsel for the petitioner fairly concedes that the aforesaid provision stipulates and provides for laying of the Rule before the House of the State Legislature as soon as may be after it is made.

The court further noted above provision is directory and not mandatory and does not require prior laying of the Rule.

In such circumstances, as the provision of the Statute is directory and not mandatory and does not require prior laying of the Rule, it is evident that the notification dated 28.03.2022 (P-4) deleting the provision of Rule 134A from the Rules of 2003 has come into force from the date it has publication and as on date, Rule 134A does not exist on the Statute book.

The Court was dealing with a petition seeking issuance of directions to the Respondents to issue the Schedule for admission in Class 2nd - 8th under Rule 134A of the Rules of 2003 (amended in 2013) for the academic session 2022-2023. Rule 134A makes provision for reservation in admission to private schools for poor meritorious students to the extent of 10%. 

In view of the aforesaid legal and factual position, the court dismissed the petition.

Case Title: Jayant Kumar (Minor) versus State of Haryana and others

Citation: 2022 LiveLaw (PH) 311 

Click Here To Read/Download Order