Stand-off between Private School Owners and Haryana Government over free Education to Students Belonging to Poor Families

There is a stiff stand-off between private schools owners and Haryana Government on the issue of provision of free education to the students belonging to poor families. The controversy hovers around the Rule 134A of Haryana Education Rules, 2003. and hence, it becomes imperative to put it in correct perspective.
Rule 134A added vide notification No. S.O.3/H.A.12/1999/S.24/ 2007 dated: 19-01-2007 sets out that “the recognized private schools shall reserve 25% seats for meritorious poor students. The school shall charge fee from these students at the rate as charged in Government schools. The deficit of difference of fee shall be charged from the other students of the school”. It is noteworthy that the said rule 134A was again amended in the year 2009 vide notification No S.O.24/H.A.12/1999/S.24 (1)/ 2009 dated: 21-02-2009 to the effect that “the recognized private schools shall reserve 25% seats for meritorious poor students. The school shall charge fee from these students at the rate as charged in Government schools”.
Hence, it is unequivocally clear that after the amendment of 2009 in Rule 134, no burden shall shift on the other students (i.e. remaining 75% students) for the recovery of deficit of difference of fee. Moreover, section 12(2) of the RTE Act, 2009 mandates that the private unaided school providing free and compulsory elementary education shall be reimbursed expenditure so incurred by it to the extent of per-child-expenditure incurred by the State, or the actual amount charged from the child, whichever is less, in such manner as may be prescribed provided that such reimbursement shall not exceed per-child-expenditure incurred by a government school provided further 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, such school shall not be entitled for reimbursement to the extent of such obligation. Furthermore, under the Act vide section12 (1) (c) private unaided Schools are under an obligation to admit in class I only, to the extent of at least twenty-five per cent of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion.
Thus, neither extant Rule 134A of Haryana Education Rule, 2003 as amended in the year 2009 is prejudicial to the interest of the students of well-off family as it does not shift any financial burden on them nor the RTE Act, 2009 obligates the private school to make the provision for 25% quota for admission all across the board other than Class1. However, to keep up the financial health of private unaided school, it will be desirable if Rule 134A is suitably amended so that Government compensate the expanses incurred by said schools in bringing home the objective of Rule 134A.