The Haryana Department of School Education (DPSE) on 31 March 2015 issued an order regarding the mechanism for implementing the provisions of Rule 134-A of Haryana School Education Rules (HSER), 2003.
The rule prescribes 10% reservation for Economically Weaker Sections (EWS) and Below Poverty Line (BPL) category students from Classes I to XII in private unaided schools.
The order was issued by the DPSE in compliance with the Punjab and Haryana High Court (HC) order which was issued following a petition filed by private unaided schools of Haryana.
In July 2014 private unaided schools of Haryana had challenged the Rule 134-A in the Punjab and Haryana HC because of the following reasons:
• The rule imposes reservation of 10% over and above the 25% reservation already under implementation as prescribed by Section 12 (1)(c) of Right of Children to Free and Compulsory Education (RTE) Act, 2009.
• Under the RTE Act, 2009 schools reserve seats for EWS children in class one or previous classes only whereas the Rule 134-A requires reservation of 10% seats in all classes from I to XII.
• The main difference is that unlike the RTE Act, 2009 where the Union Government and state governments share cost burden 68% and 32% respectively, Rule 134-A passes entire responsibility on the private schools.
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