Nav Bharti Public School And Another vs State Of Haryana And Others

Tejinder Singh Dhindsa , J

Nav Bharti Public School, Village Pabnera, School Code 25744, Tehsil Ganaur, District Sonepat, Haryana and Nav Jyoti Public School, School Code

25745, Village Bega, Tehsil Ganaur, District Sonepat, Haryana have approached this Court assailing the notice dated 17.10.2018 (Annexure P-5)

issued by the District Education Officer, Sonepat calling upon them to close the schools with immediate effect. Further prayer is for the issuance of

writ in the nature of mandamus for directing the respondent authorities to consider their applications in the Existing List of schools.

Having heard counsel for the petitioners at length this Court is of the considered view that there is no merit in the instant petition and the same

deserves to be dismissed.

The issue as regards schools being run in State of Haryana without getting any kind of recognition/affiliation came to be considered by a Division

Bench of this Court in CWP-15225-2012 (Manoj Kumar Jaswal Vs. State of Haryana and Others),. It had been pleaded by the petitioner therein that

schools pertaining in Faridabad in the State of Haryana were being run without obtaining any recognition under the provisions of Section 18 of the

Right of Children to Fee and Compulsory Education Act, 2009 as also, in violation of the provisions of Sections 4 & 5 of the Haryana School

Education Act, 1955 and the Rules framed thereunder.

The writ petition was disposed of by a Division Bench on 04.09.2012 with the following directives;

“Respondent No.2/Financial Commissioner-cum-Principal Secretary, Department of Education, State of Haryana is directed to conduct a survey in

the entire State of Haryana to ensure that no school is established/allowed to function in violation of the provisions of Section 18 of the Act of 2009 as

well as the provisions of Haryana School Education Act, 1955 and Rules framed thereunder. Survey be completed within four months and a report be

placed on record of this caseâ€​.

On a specific query having being put to the counsel, it has been conceded that the petitioner schools herein have not at any stage been granted

recognition/affiliation by any State authority.

In view of the above no infirmity is found in the impugned memo dated 17.10.2018 (Annexure P-5) issued by the District Education Officer Sonepat.

Rather the impugned memo dated 17.10.2018 would be viewed as a belated compliance of the directions issued by the Division Bench in Manoj

Kumar Jaswal case (supra).

Petition stands dismissed.