important court case and instructions relating to … cwp 8900 of 2006 titled as shiv modern senior...

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Important court case and instructionsrelating to Haryana School Education

Rules, 2003

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Important Instructions/Court Cases

CWP 7171 OF 2003 TITLED AS NIJISCHOOL SACHALAK SANG/MANCH,

HARYANAV/S STATE OF HARYANA.

The various association of schools challengedthe prevision of Haryana School Education Rules2003 in the Hon’ble Punjab and Haryana High Court,Chandigarh delivered this Judgement on 17.08.2005against the implementation of Haryana SchoolEducation Rules, 2003.

Coram: Hon’ble Mr. Justice J.S. KheharHon’ble Mr. Justice S.N. Aggarwal

J.S. Khehar, J.(Oral)Learned counsel for the parties state that the State

Government has constituted a Committee under theChairmanship of Director Secondary Education,Haryana, Chandigarh to re-consider the norms andother regulations prescribed under the HaryanaSchool Education Act, 1995 and Haryana SchoolEducation Rules, 2003. It is pointed out by thelearned counsel for the rival parties that since thematter is under re-consideration of the StateGovernment, the instant writ petition be disposed ofsubject to an undertaking by the respondents thatthe petitioner/institution shall be permitted tocontinue as at present till the final determination atthe hands of the State Government on the receipt tillthe final determination at the hands of the StateGovernment on the receipt of the recommendationby the Committee.

The Advocate General, Haryana has informedus that a decision has already been taken at the level

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of the Government to allow all the Petitioner/institutions to continue to run the institutions till theend of academic session 2005-06. He further statesthat it would be fair and reasonable that theinstitutions are allowed to continue to run till thefinal determination at the hands of the StateGovernment on the receipt of the report of thecommittee.

In view of the above, the instant writ petition isdisposed of the petitioner/institution shall continueto run till a final decision is taken by the StateGovernment consequent upon the receipt of thereport of the committee Haryana, Needless tomention that it will be open to the petitioners tochallenge the eventual decision taken by the StateGovernment in case the petitioner is aggrieved bythe said decision.

Sd/- Sd/- J.K. Shehar S.N. Aggarwal

Judge Judge


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CWP 8900 OF 2006 TITLED AS SHIVMODERN SENIOR SECONDARY SCHOOLAND OTHERS V/S STATE OF HARYANA.

The Hon’ble Punjab and Haryana High Court,Chandigarh delivered this Judgement on 18.07.2006regarding to allow the students studying in Privateun-recognize schools to appear as regular studentBoard Examination for the current AcademicSession i.e.2006-07.Coram: Hon’ble Mr. Justice Viney Mittal

Hon’ble Mr. Justice H.S. BhallaViney Mittal, J.(Oral)

By this common judgement, we shall bedisposing of batch of writ petitions together, as thequestions of facts and law involved therein areindentical in nature.

Shri S.P.S. Chaudhary, Deputy Director, Education,Haryana, is present in person. He has informed theCourt that the process of framing of the new rules,governing the recognition of private schools in theState of Hayana, is pending consideration of the StateGovernment. The new rules shall be framed on orbefore March 31, 2007 and shall be made applicablefrom the next ensuing academic session 2007-08.

With regard to the claim made by the petitioner(s) – School, Shri Chaudhary has very fairly statedthat such schools, which has been granted thepermission/provisional recognition in the previousacademic session, i.e. 2005-06 and which haveapplied for the grant of necessary recognition, shallbe granted one time concession, inasmuch as, theaforesaid schools shall also be deemed to betemproralily recognized for a period of one year aloneand as such, students studying in the aforesaid schoolsshall also be entitled to appear as regular students forthe current academic session, i.e., 2006-07.


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However, Shri S.P.S. Chaudhary, hasemphatically stated that the aforesaid concessiongranted to the said schools, would be only a one timeconcession to avoid the entire controversy andkeeping in view the interest and career of thestudents, studying in the said schools and shall notbe treated as a recognition of the infrastructural andother requirements being possessed by the saidschools. SHri Chaudhary states that the claim of suchschools for the grant of permission/permanentrecognition shall be considered in the next ensuingacademic session, i.e. 2007-08 in accordance withrules, which are to be framed by the StateGovernment.

The aforesaid statement of Shri Chaudhary fullysatisfies the learned counsel appearing for all thepetitioners.

Consequently, we dispose of all the presentpetitions as having been rendered infructuous.

However, before parting with this order, we makeit absolutely clear that the above statement of ShriChaudhary shall only govern such schools, whichhad applied for permission/recognition and shall notbe applicable to such schools, which have not evenapplied for such recognition.

We further make it clear that if anyone of thepetitioners has any further individual claims, it wouldbe at liberty to approach the authorities concernedin accordance with law and to seek its furtherremedies thereafter.

Copy of the order be given dasti on payment ofusual charges.

Sd/- Sd/-Viney Mittal H.S. Bhalla Judge Judge


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ORDERNo. 7/75-97 PS (1) Dated, Chandigarh

Whereas Faridabad Abibhavak Ekta Manch,Faridabad an NGO had filed CWP No. 15500/1997in Hon’ble Punjab and Haryana High Court in 1997to seek a writ of Mandamus for directing therespondents, including the CBSE, the HBSE & theHUDA to initiate action against respondent No. 6 to30 for not following a rational fee structure,demanding exorbitant fee and various otherallegation levelled against them. The Hon’ble Courtpassed the following orders on 11-3-2005:-

“Accordingly, we dispose of the writ petitionwith a direction to respondents No. 1 to 4 to treatthe present writ petition as a representation andtake a final decision thereon in accordance withlaw.

Needless to add that final decision on therepresentation shall be taken by the authoritiesconcerned after affording adequate opportunity ofbeing heard to affected parties.

The decision shall be taken as expeditiously aspracticable and in any case not later than 4 monthsfrom today.”

This order is on behalf of respondent No. 1 andrespondent No. 4 only. In compliance of the ordersof the Hon’ble High Court the matter was examinedand all the schools mentioned in the PIL were askedvide letter No. 7/75-97 PS 1 (4) dated 11-5-2005 tosupply a detailed report regarding fees and fundscharged during the last five years. Most of the schoolsfailed to supply the required information. Thereafter,a personal hearing was given to all the concernedschools of Faridabad District vide letter No.7/75-97 PS 1(4) dated 20-5-05 with a copy of therepresentation of Faridabad Abhibhawak Ekta


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Manch Faridabad as requested by the schools. Againanother opportunity of hearing was given vide letterNo. 7/75-97 PS 1 (4) dated 17-6-2005 to supply thefee structure etc. But the respondent’s schools didnot turn up on the fixed date along with requiredinformation. On non receipt of required informationfrom the schools respondent No. 4 decided to sendan inspection team to ascertain the facts from theschool records and the inspection team headed byAdditional Director, School visited the schools on18/19-10-2005 to inspect the records pertaining tofee structure and concession granted to economicallyweaker sections in light of court directions in CWPNo. 15500 of 1997. The team visited the following7 schools namely:-

1. SOS Herman Gmeiner School,Sector 29, FBD.

2. DAV Public School, Sector 14, FBD.3. Aggarwal Public School, Ballabgarh,

FBD4. APJ Ser. Sec. School, Sector 15, FBD5. Modern Vidya Niketan, Sector 17, FBD6. DPS Ser. Sec. School, Sector 19, FBD7. Modern School Sector 17, FBD

Out of the above schools the schools namely;APJ Ser. Sec. School, Sector 15, FBD; Modern VidyaNiketan, Sector 17, FBD; Modern School, Sector 17,FBD; DPS Ser. Sec. School, Sector 19, FBD flatlyrefused to show the records to the inspection party.For the sake of justice, the schools were served witha show cause notice as to why they have not allowedto inspect the records as the same was required bythe department for taking a decision as perdirections of the Hon’ble High Court but the schoolsgave no satisfactory reply to the show cause notice,rather they contended that the Department has no


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right to inspect the school records on the ground thatschools are affiliated with the Central Board ofSchool Education (CBSE), New Delhi.

Under the section 4 clause 6 of Haryana SchoolEducation Act, 1995 every existing recognizedschool or schools which are already affiliated withBoards or Council Indian School CertificateExamination other than Board of School Education,Haryana, shall be deemed to have been recognizedunder this section and shall be subject to theprovisions of this act and the rules made thereunder. Hence the Department has every right toinspect the school records which are existing in theState of Haryana irrespective of the fact that theyare affiliated with any Boards other than the HaryanaSchool Education Board.

As per provision made in rule 187 of HaryanaSchool Education Rules, 2003, “The Director iscompetent to authorize to any officer(s) forinspection of all or any of the functions andactivities of the recognized school. The schoolauthority shall allow the inspection of record asrequired by the inspecting officer.”

The officers who were authorized to inspect thesaid records of the above stated schools were notallowed to inspect the same. Thus the managementsof the schools acted in total violation of theprovisions of this rule which is a refusal to acceptthe authority of the Director conferred under law.Hence the said managements made their selves forthe action stated in rule 43 (1) (a) which runs asunder:-

“(1) The appropriate authority maywithdraw/suspend the recognition of aschool after giving a reasonableopportunity against the proposed action


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to be taken against the school in thefollowing circumstances:-

(a) if a school ceases to fulfill anyrequirement of the Act or any of theconditions of these rules.”

The said managements of the schools were givenreasonable opportunities as detailed above to showcause against the proposed penal action but theymiserably failed to give any plausible reasons fornot allowing the inspection of school records. Ratherin their replies they challenged the authority of theDirector given under the provisions of the Act andRules. Three schools namely APJ Sr. Sec. School,Sector 15 FBD, Modern Vidya Niketan, Sector 17,FBD and Modern School, Sector 17, FBD whichflatly refused for the said inspection were de-recognizedfrom the next academic session starting from1-4-2007 vide order 7/75-97 PS(1) dated 23-10-2006.(copy enclosed)

For the remaining schools a committee headedby Additional Director School with DeputyDirector, ADA and Accounts Officer was constitutedto ascertain the facts of the information in regards tofee, funds, concessions, facilities etc. provided bythese schools. The committee visited Faridabad on11-12-2006. The proceedings of the committee areat Annexed-R-1. As per proceeding all the schoolsaffiliated with the CBSE, the following things cameup after mutual under standing to be observed inletter and spirit in future by all the concernedschools:-

1. Reservation in Admission: - All the participant schools agreed togrant reservation in admission to thestudents of weaker sections irrespectiveof reservation required/or not underHUDA By-Laws or State Govt. policy/


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instructions. All the schools agreed togive undertaking to abide by theinstructions/rules of the Governmentissued from time to time.

It was further decided that there should be acommittee to monitor the reservation policy for thestudents of weaker section if the applicationsreceived are more than the available number of seatsand the committee will be consisting of followingmembers: -

a. Representative of Education Department.b. Representative of School managementc. Head of P.T.A. of the School2. Fee Structure: -

The fee structure will be fixed by thePTA Body according to the bye-lawsof CBSE from the next academicsession. The school authorities willsupply the fee structure of the schoolbefore start of next academic sessionevery year to the Director and DEO,Faridabad as required under rule 158of Haryana School Education Rules2003. This list will also be displayedon the notice board and press/publicnotice will also be issued so that thewhole information is public domain. Acopy of the same will be supplied ondemand on actual expenses to anyparent or citizen.

3. No Shop in School Premises: -The President of the CBSE affiliatedschools ensured that they would issuea circular to all the schools running inthe state affiliated with the CBSE thatthey would not operate any shop/outlet


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or other business like activities forbooks and dresses etc. in the schoolpremises.

4. All the schools have now submitted therequired information alongwithundertakings referred at Sr. No. 1regarding reservation in admission infuture. No school refused inspection ofrecord relating to fee structure andfacilities provided by them. In tokenof their agreement the committeevisited the four schools. The facilitiesprovided by these schools were of goodstandard.

5. All the schools shall follow all theprovisions of Haryana SchoolEducation Act, 1995 and Rules, 2003and instructions issued by theGovernment from time to time.

6. Though a detailed comparativeassessment of fee charged andfacilities provided at this moment cannot be made. However, the managementwould submit their proposal of feestructure in the coming academicsession before the PTA meeting as perthe guidelines of the CBSE and changewill be made as agreed jointly bymanaging committee and the PTA. Anyanomaly/discrepancy pointed out willbe resolved by the department as perlaw. All such decision will be conveyedto the DEO, Faridabad for necessaryaction.

7. Two schools namely Harman SOS, AirForce school were not present in themeeting. However, the informationsupplied by them is available in theoffice.


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The fee structure supplied by these schools is atAnnexed-R- 2.

8. The three schools de-recognized videletter No. 7/75-97 PS (1) dated23-10-2006 made appeal before theFinancial Commissioner and PrincipalSecretary to Government of Haryana,Education Department, against theorders of Director. The appellateauthority set aside the orders ofDirector with the under taking given byall these schools that they will makeavailable all their records and willfollow the provisions of HaryanaSchool Education Rules 2003. The feestructure of these schools andinspection will now be carried outshortly.

9. The provisions of Haryana SchoolEducation Rules, 2003 are reproducedbelow: -

“158 (1) Notifying fees and funds. Sections24 (2), 15,16 and 17— The fees andfunds to be charged from the pupilsshall be notified by everyRecognised school.

(2) The manager of every recognisedschool shall submit the detail of theminimum facilities being providedand the maximum fee charged inform VI. He shall before thecommencement of the eachacademic session, file with thedepartment the full statement of thefees and all types of funds levied bysuch school during the ensuringacademic session justifying it. Nosuch school shall charge any fee inexcess the fee/ funds specified by


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the manager in the said statementduring the academic session. Eachschool shall submit Performa dulyfilled in by Ist January of every yearto the appropriate authority whichshall publicly display these details.Such charges can only be leviedafter these have been displayed inits wamper.

(3) No other charge such as capitationfee shall be taken from the children/parents.”

A combined reading of these rules alongwithsection 15,16 & 17 of Haryana School EducationAct, 1995 indicates that the Director, is notcompetent to fix the fee structure of these schoolsbut he can certain ensure transpancy in the feestructure bringing it in public domain. All therespondent schools have now agreed to followthe provisions of Haryana School Education Rules,2003 and to provide details of fee structure everyyear to the Director or his representative as per theproceedings at Annexed-R-1.

I therefore, order that all these schools shallprovide fee structure every year to the Director, orhis representative under the provision of Rule, 158.The concerned District Education Officer as well asthe schools shall make available the fee structuresof these schools to any member of public on demand.Any violation will make the concerned school(s)liable them for action under Rule 43 of HaryanaSchool Education Rules 2003. These orders be sentto all the DEOs in Haryana for strict compliance andwide publicity for attention and compliance by allrecognized schools running in the state.

Sd/-Anil Malik

Director School Education,Haryana, Chandigarh


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ToAll respondent schools (as per list).

Endst. No. Dated, Chd. The 10-1-2007

A copy is forwarded to the District EducationOfficer, Faridabad to give wide publicity to feestructure etc. supplied by these 21 schools andensure fee charged by these schools are accordingto the statement supplied by them.

Sd/-Assistant Director (S)

for Director School Education,Haryana, Chandigarh

_________________________________________

Endst. No. Dated, Chd. The 24-1-2007A copy is forwarded to All District Education

Officers in the State. They are requested to collectthe fee structure from the recognized schoolsaffiliated with Haryana School Education Board orCBSE or any other Board running in theirrespective District and give wide publicity of feestructure etc. supplied by these schools. TheDistrict Education officer shall make available thefee structure of the concerned schools to anymember of public on demand and also ensure thatthe fees charged by these schools are in accordancewith the statements supplied by them.

Assistant Director (S)for Director School Education,

Haryana, Chandigarh


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1. St. Anthony’s Sec. School Sec.9, NITFariadbad

2. St.Joseph’s Convent School Sec.5, NIT,Faridabad.

3. K.LMehta Dayand Public School,sec.16 Faridabad

4. Udaya Bharti, Public School Sec.14Faridabad.

5. St. John School, A block Sec.7Faridabad.

6. DAV Public School , Sec.14 Faridabad.

7. Geeta Bal Niketan Sr.School 3E/Park,NIT Faridabad.

8. Herman Gemeiner School Sec. 29Faridabad.

9. Carmel, Convent School Sec.7-DFaridabad.

10. Aggrawal Public School, Ballabgarh,Faridabad.

11. K.L.Dayanad Public School No.1NehruGround, NIT Fbd. 12 Air ForceSchool, c/0 56 ASP Faridabad

13. Rama Krishan Public SchoolVivekanand Ashram, Fbd.

(i) St. Thomas School Sec.8 NearMarket, Faridabad.


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15. B.N Public School Badrinath Mandir,NH-2C Faridabad.

16. Divine Public School, Sec.11-BFaridabad.

17. Tiny Tots High School, Sec.19/ 1173Faridabad.

18. Sh.Taru Ram Arya Kavya UchatamMadhmik Vidyala

Bhimsain colony, BallabgarhFaridabad.

19. St. Abbans School. Sec.15 Faridabad.

20. Gold Field Public School Sec.21-A NIT,Faridabad

21. DPS Faridabad


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Subject: CWP No. 8094 of 1997- Closure ofPrivate Schools running inresidential buildings.

This matter relates to closure of private schoolsrunning in residential building and buildings notearmarked for schools in compliance of orders passedby Hon’ble High Court in CWP No. 8094 of 1997titled as Vinod Kumar Vs. State of Haryana.

The relevant part of court judgment is reproducedas under: -

Orders dated 03.09.2004

The case came up for hearing on 3.9.2004, theHon’ble court called the Education Secretaries ofall the three States namely Punjab, HaryanaChandigarh and Chief Administrator, PUDA/HUDAin person and gave directions as under:-

“that all the schools which are operatingfrom residential premises should bepositively closed down by 30.4.2005and no extension of any sort should begiven to any school and furtherinstructed to Shri Chhatwal and ShriD.Suresh that they should instruct theirofficer to prepare comprehensivestatements and placed the same beforethe Court on the next date of hearinggiving the particulars of the schoolswhich are being run in residentialbuilding and against the norms laiddown by the Govt.”


“Sarv Shri Deepak Sharma, JaswantSingh and Ms. Rita Kohli have


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produced before the Court statementsshowing the number of vacant seats indifferent Government schools in the twoStates and Union Territory,Chandigarh. The statements are takenon record.

Having gone through the contents of thestatements furnished by the learnedcounsel, we direct the concernedauthorities of the EducationDepartment of the two States and UnionTerritory, Chandigarh it issue a publicnotice and get the same published inleading newspapers of Punjabi, Hindiand English languages giving thenumber of vacant seats in Governmentschools so as to enable the parents ofthe students admitted in the privateschools that their wards can beadmitted in Government schools as aresult of closure of the private schoolsunauthorizedly running in residentialpremises. The required notices bepublished within a period of 15 daysfrom today.

The case be listed on 28.2.2005.

In the meanwhile, the governments ofthe two states and Administration ofUnion Territory, Chandigarh shouldensure that adequate number ofteachers are available in Governmentschools for teaching the students, whoare likely to be admitted in the session2005-2006.”


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We have heard the learned counsel for the parties.

Mr. Shallender Sharma, Advocate haspointed out that despite the orders ofthe Division Bench dated 3.12.2004 thepetitioner school has not been givenalternative land for the purpose ofconstruction of a school building,although they have been called uponto shift the school from the presentpremises. Mr. Aman Chaudhary, thelearned counsel appeared for HUDAstates that all schools were invited toparticipate in an auction but thepetitioner did not do so and in thatsituation, he cannot raise a grievancebefore this Court. Mr. Sharmaappearing for the petitioner whileadmitting that the auction had beenheld stated that the place for the plotshas been exorbitantly fixed and it wasnot possible for school to bid in theopen auction for the sites. He also saysthat in view of this development, thepetitioner would file a writ or takerecourse to such other proceeding thatmay be open to him challenging theprice fixed for the sites. As far as theState of Haryana is concerned,communication dated 24.10.2004 fromthe Director Secondary Education tothe Advocate General shows thatalternative arrangements are being


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made or have been made to adjustchildren studying in private schools,Government schools or aided schools.Mr. Ashok Aggarwal also states that apolicy for allotting school sites wouldbe formulated within a reasonable time.

Mr. Deepak Sharma, Advocateappearing for the Union Territorymakes a statement in terms of thestatement of Mr. Ashok Aggarwal.Mr. Amol Rattan, DAG appearing forthe State of Haryana states that a policyhas been formulated for the allotmentof school sites.

We are the opinion that as this matterhas been pending for the last more than8/9 years, the matter should be finallyclosed. We, however, direct thepetitioner and respondents to complythe stipulations/directions given by theCourt during these proceedings fromtime to time.

Writ petition is accordingly dispose ofas infrustuous.


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From

Financial Commissioner & Principal Secretary toGovt. of Haryana, Education DepartmentChandigarh

To1. Director Secondary Education,

Haryana, Chandigarh.2. Director Primary Education, Haryana,

Chandigarh.

Memo No. 20/1-96 S-I (4)Dated, Chandigarh, the 9.5.2005

SUBJECT: - CWP NO. 8094 OF 1997 REGARD-ING RUNNING OF PRIVATESCHOOLS IN RESIDENTIALBUILDINGS.

Kindly refer to the above subject.

I am directed to say that the Hon’ble Punjab andHaryana High Court in CWP No. 8094 of 1997 hasdirected the State of Punjab and Haryana andChandigarh Administration to close down PrivateSchools running in residential buildings andbuildings not earmarked for schools by 30.4.2005.The field offices and Association of Private Schoolsraised some doubts in application of Court orders inRural, Urban Areas and HUDA Colonies. It has beendecided as follow: -

a. Regarding schools running inresidential premises in the areasdeveloped by HUDA:

In the colonies developed by HUDA,there is clear distinction betweenresidential and commercial buildings.Even sites have specifically beenearmarked for schools. There is aprovision for resumption of the site/


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building if the same is being used for apurpose other than for which it wasallotted. Therefore, there should be nodifficulty in closing down schoolsoperating from residential buildings/premises or the building not earmarkedfor schools in the HUDA colonies.

b. Regarding schools running inMunicipal Areas:

In so far as the schools running in themunicipalities are concerned, we haveto exercise caution because in theMunicipal Act, there is no cleardistinction between a residential buildingor a commercial or a school building.It is only the word ’building’ which hasbeen defined in sub-section(2) ofsection 2 of the Haryana Municipal Act.In Haryana Municipal BuildingBye-laws, 1982, however, there is aclassification of buildings based onoccupancy. As per bye-law 2(xiv), allbuildings whether existing or hereaftererected have been classified accordingto the use or the character of occupancyas residential building, public buildings,commercial buildings, warehouses andindustrial buildings. Residentialbuilding means a building used orconstructed or adopted to be usedwholly or principally for humanhabitation and includes all garages,stables and other houses apertinentthereto. Public building would includea building used or intended to be usedeither ordinarily or occasionally as…….college, school………. . Thisclassification in the bye-laws has beenmade purposely. Bye-law 13 providesthat type and character of buildingincluding ancillary building that may


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be erected or re-erected on a site andthe purpose for which this may be usedshall not be other than that shown inthe ‘area plan’ or the ‘approved lay outplan’ and where the site does not forma part of such an area plan of lay outplan, the use shall be in conformity withthe use of the surrounding area and thedecision of the committee shall befinal in that respect.

In so far as the buildings/premises forming partof an area plan or the approved lay out plan areconcerned, there would be no difficulty. If the typeand character of a building does not match the typeand character earmarked in the ‘area plan’ or the‘approved lay out plan’ or if a building is being usedfor a purpose other than what has been provided inthe ‘area plan’ or the ‘approved lay out plan’, actionunder section 204 or section 208 of the MunicipalAct, as the case may be, would be competent.

However where the site does not form part of an‘area plan’ or ‘approved lay out plan’, the Committeeshall have to see if the use of the premises/buildingsis in conformity with the use of the surrounding area.For that purpose, the Committee shall have to take aconscious decision keeping in mind the type andcharacter of the area and the time since when aparticular building/premises is being used for aparticular purpose. In case the committee finds thatthe use of a particular building/premises is not inconformity with the use of the surrounding area, itwould be competent to issue directions to stop suchuse and on violation of the directions, action undersections 208 and 223 of the Municipal Act could betaken.

c. Regarding Schools running in RuralAreas:

In so far as rural areas are concerned,there is no distinction between a


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residential, commercial, public or aschool building. No site plan is requiredto be sanctioned for erecting or re-erecting a building in a rural area.Therefore, it would be difficult todirect the schools running from aso-called residential building/premisesin the rural areas to close down. In otherwords, bringing the schools operatingin rural areas within the purview of thedirections of the Hon’ble High Courtwould not be proper.

d. Regarding Schools running in Slumareas:

The schools running in slum areas orillegal colonies have no sanctity.Therefore, the schools running in slumareas or illegal colonies have to beclosed down but care needs to be takento ensure that a general decision for theremoval of illegal colonies/slum areasis first taken. Otherwise, it may not belegal or possible to single out aparticular building.

e. Regarding Creche:A crèche is a nursery where children arecared for while there mothers/parentswork. Therefore, strictly speaking, acrèche would not be a school. By verynature of its function, a crèche wouldbe required to be operated from aresidential building unless a specificprovision is made otherwise. Therefore,it appears that the direction of theHon’ble High Court would not covercrèches.

4. It was also decided that the norms as laiddown in Haryana School Education Rules, 2003 be


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expeditiously reviewed in consultation with privateschool managements keeping in view the realities atthe ground level and also the health, welfare andsafety aspects of the students.

You are requested to inform all concernedaccordingly and ensure the compliance of directionsof the Hon’ble Court.

Under Secretary Educationfor Financial Commissioner & Principal Secretary

to Govt. of Haryana, Education Department

Endst No. Even Dated, Chandigarh, the 9.5.2005

A copy is forwarded to the following forinformation and necessary action: -

1. All Deputy Commissioners in the Stateof Haryana.

2. District Education Officer in the Stateof Haryana.

3. District Primary Education Officer inthe State of Haryana.

Under Secretary Educationfor Financial Commissioner & Principal Secretary

to Govt. of Haryana, Education Department


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From

Commissioner & Director General School Education, Haryana, Chandigarh

To

(i) SecretaryHaryana Board School Education,Bhiwani

(ii) All District Education Officerin the State

Memo No. 8/43-2004 SI (1)Dated, Chandigarh, the 25.05.2006

Subject: - One year extension for the currentacademic session 2006-07 to temporaryrecognized and provisionally affiliatedprivate schools to allow their studentsto appear as regular students in theBoard Examination as has been donein the year 2003-04, 2004-05 and2005-06.

1. The Govt. of Haryana has decided to give oneyear extension to temporarily recognized byEducation Department and provisionallyaffiliated with the Board of School EducationHaryana, Bhiwani in the State to allow theirstudents to appear in the Board Examinationduring the current academic session 2006-07as regular students as has been allowed in theyear 2003-04, 2004-05 and 2005-06. As thenorms under Haryana Education Rules are inthe process of revision so keeping in view the


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interest future of the students, this relaxationhas been given subject to the condition thatthese schools will have to seek permanentrecognition before 31.03.2007

2. Students of these schools which have got thestudents admitted merely on the basis ofpermission to establish or start a new school,without recognition and affiliation, willappear in the Board Examination under the“OPEN SCHOOL SCHEME”. The syllabus,course curriculum, pattern of examination,date of examination, certificate etc. of the openschool candidates is the same as that ofregular students appearing in the BoardExamination.

3. The date of collection and submission ofexamination forms fixed by the Board ofSchool Education, Haryana, Bhiwani has alsobeen extended by 15 days in each categoryearlier fixed by the Board.

All the District Education Officers are directed asunder:-

1. During the current year also the DEO’s willcountersign Admission & WithdrawalRegister and Examination Forms of the Boardpertaining to students of private schools whichwere given temporary recognition andprovisional affiliation by the Board, allowingstudents to appear as regular students duringthe year 2003-04, 2004-05 and 2005-06. It isto be done only in respect of BoardExamination upto the class which the school


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was temporarily recognized and provisionallyaffiliated.

2. No DEO shall countersign examinationadmission forms of the Board for the schoolswhich have got only permission to establish aschool and have not been recognized so far.

3. For schools which were already recognizedupto a certain stage, their Admission &Withdrawal Register and Examination Formsof the Board, will be counter signed only uptothe stage of their recognition. In schools wherepermission to start higher classes have beengiven but such higher stage has not been rec-ognized, in counter signatures would be doneby DEO’s regarding Admission & WithdrawalRegister and Examination Forms of the Boardupto the recognized stage and NOT in respectof classes for which recognition has not beengranted.

4. These instructions be followed meticulouslyand any violation would be viewed seriouslyand may result in criminal action apart fromdisciplinary proceedings.

The permission to set up a school or start newclasses is only ‘in-principle’ approval of thedepartment to allow schools to initiate steps and toprovide infrastructure to setup the school or to startnew classes. On fulfillment of certain norms in theinterest of Safety Heath and Welfare of students aslaid down in the Haryana School Education Rules2003, the recognition is granted by the department.Only on fulfillment of requisite norms and getting


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affiliation, the students may be admitted by theschools. Students of such schools on affiliation bythe Board may appear as regular students.

You are therefore requested to bring theseinstructions to all concerned schools accordingly.

Deputy Director (PS)for Commissioner & Director General School

Education, Haryana, Chandigarh


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FromFinancial Commissioner &Principal Secretary toGovt. of Haryana, Education DepartmentChandigarh

To1. Director Secondary Education, Haryana,

Chandigarh.2. Director Primary Education, Haryana,

Chandigarh.

Memo No. 8/9-2007 PS (3)Dated, Chandigarh, the 6.4.07

Subject: - Demands of private schools running inthe State for further relaxation andclarification regarding amendedHaryana School Education Rules, 2003.

Kindly refer to the above mentioned subject.I am directed to say that the Government of

Haryana has decided to grant relaxation in variousnorms prescribed for private schools under theamended Haryana School Education Rules, 2003keeping in view the interests and needs of privateschools. It has been decided as follow:-1.PERMANENTLY RECOGNIZED SCHOOLS:

All those schools that were permanentlyrecognized before 30th April, 2003 will not have toseek any fresh recognition or NOC from theEducation Department as provided under rule 38.They will, however, have to submit returnsregarding their land and building in an amendedform-II for record purposes.2. DEFINITION OF EXISTING SCHOOLS:

The benefit of relaxed rules/norms for existing


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schools which was earlier granted for existingschools before 30th April, 2003 is now extended toschools existing upto 31.3.2007. The categories ofsuch schools are given below:-

i The Schools temporarily recognized byEducation Department or temporarilyaffiliated with Haryana Board of SchoolEducation, Bhiwani till 31st March, 2007.

ii Un-recognized schools who provide proofof their being in operation for a period oflast four years (upto 31-03-2007) bydocuments such as Electricity Bills, WaterBills, Telephone Bills, records of establishmentof school, as private candidates in publicexamination, admission forms andwithdrawal register, enrolment forms,ownership or lease records of school land,proof of internal examination, Income Taxdocuments and registration deed of societiesunder the Societies Registration Act. Thiscategory of un-recognized schools wouldbe given relaxation only upto class 8th. Thesedocuments should pertain to the last 4 years.They should prove to the DistrictEducation Officer that the concernedunrecognized school was in existence anddoing academic work since the last 4 years.

3. COVERED AND OPEN AREA RATIO:The covered/open area ratio would be applicable

as per the existing norms of the concerned LocalBody and Town & Country Planning Department asapplicable.4. FACILITY OF USING PLAY GROUND OF

GOVERNMENT SCHOOLS:A policy will be made to allow private schools

the facility of using play-grounds of Govt. schoolswithin one kilometer range. An appropriate policywill be issued separately.


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5. STAIR CASE:The linear distance along the building between

two staircases would not be more than 100 feet,instead of 40 feet as at present.6. DATE OF APPLICATION:

On the request of the schools’ associations, itwas also decided that private schools can apply tothe concerned District Education Officers till 10th

April, 2007 along with relevant documents.Necessary amendments in the Haryana School

Education Rules, 2003 will be made in due course.

Special Secretary EducationFor Financial Commissioner & Principal Secretary to

Govt. of Haryana, Education DepartmentChandigarh

Endst. No. 8/9-2007 PS (3)Dated, Chandigarh the 6.04.07

A copy is forwarded to the following forinformation and necessary action:-

1. Chief Secretary to Government ofHaryana (Cabinet branch) w.r.t U.ONo.9/196/2003-2 Cabinet Dated20.12.2006.

2. All Deputy Commissioners in the Stateof Haryana.

3. All Additional Deputy Commissionersin the State of Haryana.

4. All District Education Officers in theState of Haryana. They are requested toreceive all applications for recognition andarrange inspection. The inspection reportbe forwarded to the appropriate authorityimmediately.


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5. All District Elementary EducationOfficers in the State of Haryana.

6. All Block Education Officers in the Stateof Haryana.

7. All Associations of private schools asper list.

8. PS/OSD-II/CM.9. Senior Secretary/EM.10. Senior Secretary/FCPL

Special Secretary EducationFor Financial Commissioner & Principal Secretary to

Govt. of Haryana, Education DepartmentChandigarh


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