Chandigarh, April 25: In a key decision affecting private unaided schools in Chandigarh, the UT Administration will reimburse expenditure for only 10% of the 25% students admitted under the economically weaker section (EWS) quota, as mandated by the Right to Education (RTE) Act, 2009.
The order, issued by Director School Education (DSE) HPS Brar on April 21, addresses a long-disputed matter that had also reached the Punjab and Haryana High Court. The 21-page directive, reviewed by The Tribune on Thursday, clarifies that schools will continue to shoulder the financial burden of the remaining 15% of EWS students.
“A harmonious reading of Section 12(C) of the RTE Act, Clause 18 of the Scheme of 1996 and the Chandigarh Administration’s memo dated May 8, 2014, makes it abundantly clear that schools are required to admit EWS/disadvantaged group (DG) students up to 25% under the RTE Act and specifically 15% under the 1996 Scheme,” Brar stated in the order.
According to the DSE, the second proviso to Section 12(2) of the RTE Act restricts reimbursement in cases where schools have received land, buildings, or other facilities at subsidized or no cost.
“The legislature, while enacting the RTE Act, was aware that certain schools had obtained land and infrastructure under conditions requiring them to educate EWS/DG students at concessional rates. This understanding is clearly reflected in the second proviso of Section 12(2),” Brar wrote.
Consequently, the UT Administration will reimburse private, non-minority, unaided schools in Chandigarh only for 10% of EWS students, corresponding to the benefit of having received land at concessional rates.
This decision marks a critical clarification in policy implementation and places sustained financial responsibility on private institutions for a significant portion of EWS admissions.
