Former bureaucrats write to Punjab CM, seek transparency in EWS admissions

Days after the Punjab and Haryana high court directed the unaided private schools to reserve 25% seats for children belonging to the economically weaker section (EWS), social activists have urged the Punjab government to put in place a transparent system, including draw of lots, appointment of a nodal authority and centralised admission monitoring, to implement the provisions of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, as time was running out.

Social activists Jagmohan Singh Raju and Onkar Nath, both former bureaucrats who had moved the high court against the restrictive state guidelines, have written to chief minister Bhagwant Mann and senior government officials to issue comprehensive guidelines on the lines of the Delhi government to streamline the process of admissions in private unaided schools. Without a clear and transparent admission procedure in place, the desired objective of the high court’s order would never be achieved, they wrote.

The high court (HC), in its February 19 order on Raju’s petition, directed all the private unaided recognised schools in Punjab to reserve 25% of their class 1 seats for children from weaker and disadvantaged backgrounds. The state government was directed to ensure strict enforcement of the ruling in the 2025-26 session. The HC also declared Rule 7(4) of the Punjab RTE Rules, 2011, as contrary to Section 12(1)(c) of the RTE Act, 2009. “It is settled by the principles of interpretation of statute that in case of conflict between statutory rules and the Act, the Act prevails,” the court ruled.

The RTE Act mandates unaided private schools to admit in class I children from weaker sections and disadvantaged groups in the neighbourhood to the extent of 25% of strength of that class and provide free and compulsory elementary education till its completion.

However, the Punjab RTE Rules, which were framed by the then government in 2011 and nullified Section 12(1)(c) of the RTE Act, provided that children from the economically weaker and disadvantaged categories must first seek admission in government schools. They can approach unaided schools for admission only after getting a no-objection certificate from government schools on the ground of non-availability of seats or other reasons.

Following the court ruling, the state cabinet decided to remove Rule 7(4) of the Punjab RTE Rules, 2011. Principal secretary, school education, also issued instructions to DPI, elementary education and all district education officers (DEOs) on March 20 to inform unaided private schools about the HC’s directives and the corresponding amendment to the Punjab RTE Rules, 2011.

Onkar Nath, a former additional deputy comptroller and auditor general, claimed that several private schools were still going ahead with admissions without reserving 25% seats for EWS children with the excuse that they either had not received any instructios or were not covered by the RTE provisions. “Merely withdrawing Rule 7(4) and issuing departmental instructions will not ensure successful implementation. A structured action plan, along with a robust monitoring mechanism led by a designated senior official, is essential. Transparency in the admission process, accessibility of relevant information to all stakeholders, and a clear execution roadmap are crucial,” he wrote to the chief minister.

Raju, in a separate letter on March 28, urged the school education department to streamline the process of admissions in private unaided schools under Section 12 (1) (c) of the RTE Act, 2009. The retired IAS officer, while sharing a copy of instructions issued by Delhi government on January 3 by the previous AAP government for admission under EWS and other categories, asked the department to consider issuing comprehensive guidelines on the same lines and conduct extensive publicity to raise awareness among private schools, eligible students, parents, and general public about the admission process.