Haryana: No pre-primary classes in pvt schools; HC extends stay

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On Friday, the state did not file any reply to the case and the matter was adjourned to February 17. “Interim order to continue,” said Justice Sudhir Mittal in the order.
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The Punjab and Haryana High Court Friday said the stay on a Haryana government decision ordering private schools to close down pre-primary classes will continue till further orders. The government Friday sought more time to respond to a petition filed by Haryana Private School & Children Welfare Trust against the order passed by government on December 4.

The Trust in its petition filed through advocate Pankaj Maini contended that no provision of law or rule has been violated by running the classes of Nursery, LKG and UKG in the schools. On December 11, Justice Girish Agnihotri had directed the government to “not give effect to” the order till next date of hearing, which was on Friday. The court also had said that if the state has any serious objection to the order, it is free to file their response and move an appropriate application regarding it.

On Friday, the state did not file any reply to the case and the matter was adjourned to February 17. “Interim order to continue,” said Justice Sudhir Mittal in the order.

Submitting the order passed by government is illogical as the definition of a school under the Haryana Education Act, 1995 itself is “an institution in which instruction other than collegiate, is imparted to not fewer than 10 enrolled pupils”, the Trust has informed the court that pre primary classes had started in April 2019 and are still going on and would go on till March 2020. The fee has already been charged from the students, the plea said.

“This court finds merit in the submission of the petitioner and also finds that the students and their parents who have paid the fee would suffer in case classes are stopped in mid session of December,” Justice Agnihotri had said while staying the order.