The Punjab and Haryana High Court has stayed the decision of Haryana Education Department through which it had allowed admission of students in the government schools without the school-leaving certificates (SLC). The court has also issued notice to the state government school education department seeking reply on the issue.

School Leaving Certificate Haryana Case High Court Chandigarh
School Leaving Certificate Haryana Case High Court Chandigarh

The petition was filed by Sarva Haryana Private School Trust, an association of private schools from the district Hisar. The petitioner association has sought directions to set aside letters/orders dated March 10, June 15 and June 19 through which the school education department Haryana had passed the orders regarding the issuance of SLC to the outgoing students automatically and to update the MIS portal pertaining to the member schools of the petitioner schools at their own end by floating the statutory provisions of the Haryana Education Code.

The petitioner argues that these orders of the state government are merely administrative orders which could not supersede statutory provisions of Haryana Education Code and Right to Education Act 2009. The counsel for the petitioner submitted that the order directing the district education officers etc, to make admissions of the students in government schools without the SLC in contravention to the Rules 136(5) and 139(1) of Haryana Education Rules 2003 as no recognised school can admit a student from another recognised school without the SLC. As a result of this private unrecognised schools are suffering financially. Counsel for the state submitted that Rule 194-A of 2003 Rules, permits the state government to issue directions permitting a school to admit students without a school leaving certificate.

Justice Sudhir Mittal observed that a perusal of rules prima facie does not grant any such power and therefore the court stayed the order of state government. The case would now come up for hearing in October 28.