AIR 2016 PUNJAB AND HARYANA 103 ::(2015) 3 SCT 651 ::(2015) 3 Pun LR 9

Punjab And Haryana High Court

Hon'ble Judge(s): Satish Kumar Mittal, Harinder Singh Sidhu , JJ

(A) Right of Children to Free and Compulsory Education Act (35 of 2009) , S.12— Haryana School Education Rules (2003) , R.134A— Validity - R. 134A is legal and valid - R. 134A does not envisage totally free education - Admissions made by private unaided schools in terms of mandate of R. 134A - Claim for reimbursement from State on basis of principle in S. 12(2) - Maintainable. Rule 134A on its own terms does not envisage totally free education. The principle of compensation is embedded in it as it contains provision for charging fee at the same rate as charged in Government schools. But, after the enforcement of the 2009 Act, elementary education in schools established, owned or controlled by the government or local authority is totally free, and on a combined reading of R. 134A and the 2009 Act, for elementary classes, the private unaided schools would not be able to charge any fee for the students admitted pursuant to the mandate of R. 134A because no fee for such classes is charged in government schools. This being the position, it has to be held, that in respect of admissions made by the private unaided schools in terms of the mandate of R. 134A they would have a claim for reimbursement from the State on the principle as laid down in S. 12(2) of the 2009 Act.(Para 20 21 30 70) ....