Chandigarh admn derecognises St Kabir school for not admitting EWS kids

A month after serving a show-cause notice to St Kabir Public School, Sector 26, for not admitting EWS students in the 2023-2024 academic session, the UT education department has now revoked the school’s recognition.

Derecognition implies that the school will not be allowed to function from 2024-2025 academic session onwards.

St Kabir was one of the 67 private schools that had participated in the centralised admission process for economically weaker section (EWS) students started by the department this year. While the school was supposed to admit 23 EWS students, as per department officials, there was not a single EWS admission on record.

Under the RTE Act, 25% seats have to be reserved for EWS students at unaided recognised non-minority schools that include St Kabir in Chandigarh.

As per the Wednesday order issued by the UT director school education, the school was granted provisional recognition from April 1, 2018, to March 31, 2023.

The criteria for recognition mandates that the school follow provisions of the Right of Children to Free and Compulsory Education (RTE) Act and other instructions issued by the UT education department related to admission of students under EWS category and disadvantaged group in letter and spirit.

The school had participated in the centralised draw of lots for EWS students this year, but refused to admit 23 students allotted to the school.

Found violating the norms, the school was issued a show-cause notice by the education department on April 12, directing the school to admit EWS students by 5 pm on April 17, failing which legal action will be initiated under the RTE Act.

The school subsequently submitted a reply, stating that the matter is sub-judice before the Supreme Court, a reply the department found unsatisfactory.

Minority status revoked in 2022

St Kabir was granted minority status in March 2014 amid a spurt in the number of schools seeking minority status after the apex court in 2012 directed that minority schools were not bound to reserve 25% seats for EWS students in entry-level classes under the RTE Act.

However, on July 8, 2022, the Punjab and Haryana high court quashed a 2014 notification of the National Commission for Minority Educational Institution (NCMEI) granting minority status to St Kabir.

The education department noted that the Supreme Court had not granted a stay in the matter, while the high court had also not stayed the implementation of the RTE Act in a plea filed by the Independent Schools’ Association. As such, St Kabir was still required to follow the 25% reservation for EWS students.

UT director school education Harsuhinderpal Singh Brar said the school continued to be in non-compliance of the RTE Act, causing irreparable loss to 23 students. Thus, the school has been denied recognition beyond March 31, 2023, and the approvals issued by the department for Central Board of Secondary Education (CBSE) affiliation also stand withdrawn.

Relief for students

Since the 2023-2024 academic session has commenced, to protect the interests of the students, they will be allowed to complete the current academic session and also sit for the board exams.

For the 2024-2025 academic session, the students will be shifted to government schools in the city with the parents’ consent.

Meanwhile, the department has also informed the school that if 23 EWS students are granted admission within one month of the order, then recognition beyond March 31, 2023, will be considered.

Notably, this is not the first time that the UT education department has derecognised a school over EWS admissions. In 2010, the recognition of Shivalik Public School, Sector 41, was also withdrawn over not ensuring 15% EWS admissions.

‘Will fight for students, staff’

School administrator Gurpreet Bakshi said, “There are around 6,000 children and 200 staff members in the school and we will fight the administration’s decision for them. Parents should not panic. We will fix this. The matter is sub-judice in the apex court. We have provided EWS admissions for three years, but the department is yet to reimburse the owed dues. Some of these students have reached Class 9 and are still not being charged any fee.”