Haryana School Education Rules, 2003, Rule 134-A - Is
legal and valid - Admission to private unaided schools - Argument of the State that it has no obligation under Section 12(2) of 2009 Act to provide reimbursement to the private unaided
schools for admitting children belonging to weaker sections and disadvantaged groups as per Section 12(1)(c), unless they are declared neighbourhood schools is without merit and is rejected -
Private unaided schools cannot be permitted to deny admission to the children in terms of Section 12(1)(c) and Rule 134A on the ground that reimbursement has not been made by the government
or that any previous reimbursement claims are pending - State and its functionaries have a duty to ensure that the provisions of the 2009 Act and the Rule 134A are implemented - The State and
its functionaries are duty bound to initiate necessary action in terms of the law against any private unaided school which does not comply with the mandate of the 2009 Act and Rule 134-A -
Right of Children to Free and Compulsory Education Act, 2009. (179) P.L.R.
Haryana School Education Rules, 2003, Rule 134-A - Right
of Children to Full and Compulsory Education Act, 2009 Section 12(2), Second Proviso - Would necessarily also mean as provided in the second proviso to Section 12(2) that where such school is
already under obligation to provide free education to a specified number of children on account of it having received any land, building, equipment or other facilities, either free of cost or
at a concessional rate then such school will not be entitled for reimbursement to the extent of such obligation. (179) P.L.R.
Haryana School Education Rules, 2003 -
Merelybecause the permission has been granted to start a school would not amount to recognition of a
school as there is elaborate procedure laid down under the Haryana School Education Rules 2003. (176) P.L.R.