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CHANDIGARH-St Kabir postpones draw of lots scheduled today Failed To Reserve Seats Under RTE

January 18, 2019 06:04 AM

COUTTESY TIMES OF INDIA  JAN 18

St Kabir postpones draw of lots scheduled today
Failed To Reserve Seats Under RTE
TIMES NEWS NETWORK

Chandigarh:

St Kabir Public School, Sector 26, Chandigarh has issued a public notice for postponing the draw of lots for admission to entry-level class. The move comes after the authorities failed to reserve seats for students belonging to economically weaker sections and disadvantaged groups under the RTE Act even as their minority status was stayed by the Punjab and Haryana high court in February 2018. As many as 1,500 parents are a worried lot as the school had scheduled the draw of lots on January 18.


The school authorities said they had communicated the admission process to the UT education department many times since November last year. However, it was on January 16 that the district education officer (DEO) responded stating not reserving seats under the RTE Act will lead to contempt of court. As a result, on Thursday St Kabir School issued a public notice postponing the draw of lots. The school authorities said they would be approaching the high court in this regard.

“The education department intentionally delayed their response to our letter. We had sent the letter after a legal opinion from our counsel on November 28, 2018 while the department sent the letter on January 16 when the draw is on January 18. Over 1,500 parents would suffer,” said school administrator, Gurpreet Bakshi.

The legal opinion sent by the school to the DEO on November 28 stated that the order of the court stands vacated.

Giving the reason behind it Bakshi said, "It stands vacated as per Section 226 of the Constitution. If an ex-party stay has been granted, which was the case in the order passed on February 21, 2018 by the high court, the petitioner can ask the court under Section 226(3) to hear the case in two weeks and if the case isn’t heard under any circumstances the stay is deemed to have been vacated.”

However, the DEO stated “As the order of the high court on February 21, 2018 is still operational, as such you are advised to comply with the provisions of Section 12(1)(c) of the RTE Act 2009”

DEO, Anujit Kaur on the other hand said, “We have not asked them to postpone the date of draw of lots. We have even appointed an observer for their draw.” Another officer said, “We just sent them the letter stating legal opinion that they will have to reserve 25% seats as their minority status has been stayed by the high court.”

The school will inform the next date of draw later, they stated in the public notice uploaded on their website. DEO has also issued a letter in this regard to Vivek High School, Sector 38 as the school failed to reserve seats under RTE Act

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