Bhagwati High School and Others vs State of Haryana and Others

Ranjit Singh, J.—Despite direction by this Court, the petitioners have not filed the requisite affidavits to indicate as to how many students are studying in 9th and 10th classes for which the present petitioners-schools did not have any permission before admitting such students. None appears for the petitioners despite second call. Obviously, the petitioner/institution is avoiding appearance in this case. May be that the petitioners are aware of orders passed in similar petitions imposing fine while dismissing those petitions.

Mr. Nehra draws my attention to the orders passed in CWP No. 11416 of 2011 vide which number of petitions were disposed of by this Court on 27.09.2012. Those petitioners also had not submitted similar information as is in the instant case. The said writ petitions were disposed of with direction to pay a fine of Rs. 5000/- per student admitted by such institutions without having proper recognition. The operative part of the direction is as under:-

Direction, therefore, is issued to the petitioner-Institutions that they will not admit any student in any class for which the Institutions do not have proper affiliation and recognition from all the competent authorities. It is made clear that any student admitted by these Institutions to any class for which such Institutions do not have proper affiliation or sanction shall be dealt with rather heavy hands. This may invite punitive action not only for disobeying the orders passed by the Court but feasibility of attributing criminal liability would also be considered if any violation of such directions are found or noticed.

So far as the case of students now admitted, their admission shall be treated as regularized and if need be, they can be treated as private students appearing in such examinations. The Board and the respondents shall not create any problem for the students for appearing in the examination and for declaration of the result. The Board, however, would be at liberty to regularize these admissions in accordance with law by adopting a procedure, which is admissible and permissible under law.

The petitioner-Institutions are hereby commanded to submit the list of those students who have been admitted in those classes for which such institutions have not got affiliation/sanction of the competent authorities. The petitioner-Institutions shall also furnish the total amount of fee realized from such students before the Director, School Education, who shall either himself enquire or depute an officer not below the rank of Joint Director to verify the details submitted by the petitioner-Institutions. If it is noticed that some excessive amount has been charged as a fee or other charges, the Director would be at liberty to order it''s refund to the students.

The petitioner-Institutions can not be allowed to escape their illegal activities. The petitioner-Institutions are, therefore, burdened with the costs of Rs. 5,000/- per student admitted by such Institutions in those classes, for which such Institutions did not have the proper recognition/sanction or affiliation from the competent authority as per the statute. The half of the costs imposed as damages shall be got deposited in the accounts of Legal Services Authority, Haryana and the remaining half shall be deposited in the Mediation and Conciliation Cell functioning in this Court.

The present writ petition is also disposed of in the same terms with direction to send the copy of the order to Director, School Education, Haryana.