SANJAY KISHAN KAUL - (1.) The petitioner claims to be an organisation of Punjab Private Schools. They claim to be schools affiliated, recognised and unrecognized in Punjab. It has not been explained as to which particular schools are the members of the petitioner nor does the petitioner appear to be a registered association or society. It appears from the documents that an application for registration has been filed with the Registrar of Firms, but that also happened as far back as 7.8.2000. Thus, the maintainability of the petition by the petitioner itself is clearly in doubt.
(2.) BE that as it may, this organisation seeks to assail the provisions of Sections 18 and 19 of the Right of Children to Free and Compulsory Education Act, 2009 along with Rules 11 and 12 of the Punjab Right of Children to Free and Compulsory Education Rules, 2011, as being violative of Articles 14, 19, 21 and 21 -A of the Constitution of India. In order to appreciate the controversy, it is necessary to reproduce the provisions of Sections 18 and 19 of the said Act as under: "18. No school to be established without obtaining certificate of recognition. - (1) No school, other than a school established, owned or controlled by the appropriate Government or the local authority, shall, after the commencement of this Act, be established or function, without obtaining a certificate of recognition from such authority, by making an application in such form and manner, as may be prescribed. (2) The authority prescribed under sub -section (1) shall issue the certificate of recognition in such form, within such period, in such manner, and subject to such conditions, as may be prescribed: Provided that no such recognition shall be granted to a school unless it fulfils norms and standards specified under section 19. (3) On the contravention of the conditions of recognition, the prescribed authority shall, by an order in writing, withdraw recognition: Provided that such order shall contain a direction as to which of the neighbourhood school, the children studying in the derecognised school, shall be admitted: Provided further that no recognition shall be so withdrawn without giving an opportunity of being heard to such school, in such manner, as may be prescribed. (4) With effect from the date of withdrawal of the recognition under sub -section (3), no such school shall continue to function. (5) Any person who establishes or runs a school without obtaining certificate of recognition, or continues to run a school after withdrawal of recognition, shall be liable to file which may extend to one lakh rupees and in case of continuing contraventions, to a fine of ten thousand rupees for each day during which such contravention continues. 19. Norms and standards for school. - (1) No school shall be established, or recognised, under section 18, unless it fulfils the norms and standards specified in the Schedule. (2) Where a school established before the commencement of this Act does not fulfil the norms and standards specified in the Schedule, it shall take steps to fulfil such norms and standards at its own expenses, within a period of three years from the date of such commencement. (3) Where a school fails to fulfil the norms and standards within the period specified under sub -section (2), the authority prescribed under sub -section (1) of section 18 shall withdraw recognition granted to such school in the manner specified under sub -section (3) thereof. (4) With effect from the date of withdrawal of recognition under sub -section (3), no school shall continue to function. (5) Any person who continues to run a school after the recognition is withdrawn, shall be liable to find which may extend to one lakh rupees and in case of continuing contravention, to a fine of ten thousand rupees for each day during which such contravention continues." We put to learned counsel for the petitioner as to how the norms and standards for establishment of private schools can be said to be violating the provisions of the Constitution of India. To our mind, there is no satisfactory answer to the same other than seeking to contend that in view of these provisions of the Act a number of private schools have closed down which were providing essential education at different levels.
(3.) IT is further canvassed before us that the norms and standards are not effectively applied to the Government schools and no closure of any Government school takes place if it does not meet the norms.;