CHANDIGARH 16 DECEMBER 2011 : HC DECIDES PETITION PERTAINING TO AJAI MEMORIAL SCHOOL (SECTOR-7, PANCHKULA) – “QUESTION WHETHER THE SAID MANAGEMENT CAN RUN A PRIMARY SCHOOL ON THE PLOT OF LAND ALLOTTED TO IT FOR RUNNING A NURSERY SCHOOL LEFT TO BE DECIDED BY COMPETENT AUTHORITY OF HARYANA SCHOOL EDUCATION BOARD
A Division Bench of the High Court comprising Chief Justice Ranjan Gagoi and Justice Surya today granted substantial relief to the petitioners-residents of Sector-7, Panchkula, who had challenged the construction of a three-storied building for running a High School on a plot which was allotted to them for running a nursery school.
The Bench in its judgment pronounced this morning, observed that the School management itself had given an affidavit in the High Court in response to the PIL, that it shall run only a Primary School, and that it had surrendered the licence given to it by the Education Department for running a High School.
As regards the entitlement of the School Management to run classes upto primary classes, the Bench observed and directed as under:-
“The question as to whether respondent no.5-society is to be permitted to run a school upto 5th standard or not, would depend upon the terms and conditions laid down in the Haryana School Education Rules, 2003, as amended from time to time, and it may not be expedient for us to express any views in relation thereto. The Nursery School, if upgraded upto 5th. standard, whether would cause serious inconvenience or prejudice to the residents of the locality due to substantial increase in the strength of the children or it may require additional construction at the site etc., are several factors which shall have to be kept in view by the competent authority before taking any final decision in this regard in accordance with policy and the rules on the subject. The plot size, however, shall remain the same without affecting the remaining area of the adjoining park.”
Thus, now the management of Ajay Memorial Education Society to run even a primary school at the present site appears to have run into rough weather and the ball is again in the court of School Education Board, Haryana.
As reported by Advocate H.C. Arora, Counsel for Person. He is a practicing Lawyer at Punjab & Haryana High Court at Chandigarh