The court emphasized that the authorities should have taken action under the relevant provisions of the Haryana School Education Act, 1995 and the Haryana School Education Rules, 2003, and that the mere registration of the FIRs was an abuse of the process of law.

JUDGMENT :

Vikram Aggarwal, J.

1. By way of the present judgment, I propose to decide two petitions, both preferred under Section 482 of the Criminal Procedure Code (for short “Cr.P.C.”) seeking quashing of FIRs No.63 and 256 dated 06.06.2018 registered under Section 188 of the Indian Penal Code (for short ‘IPC’) at Police Station Sadar, Rewari (Haryana) and Police Station Dharuhera, Rewari (Haryana) respectively. Since the petitioners in both cases are the same and the question of law raised is also the same, both cases are being disposed of by way of a common judgment.

2. The facts of the case, as pleaded are that the petitioners are private schools situated in Rewari. They are affiliated to the Central Board of Secondary Education. Both schools are privately managed and un-aided schools. They are registered under the Haryana School Education Act, 1995 (hereinafter referred to as the ‘1995 Act’) and the Rules framed thereunder i.e. Haryana School Education Rules, 2003. Rule 134A was introduced by way of an amendment and notification dated 19.06.2013 (Annexure P-1) was issued as per which the recognized private schools were required to reserve 10% seats for meritorious students belonging to Economically Weaker Sections (EWS) and Below Poverty Line (BPL) categories. It was further laid down that the schools would charge the same fee as was being charged in the Government Schools.

3. On 26.04.2018, the Block Education Officer, Bawal (Rewari) passed an order (Annexure P-2) stating that certain complaints had been received that the guardians of students admitted in pursuance of the provisions of Rule 134A should not be unnecessarily harassed and that the students could not be deprived of the facilities available in the school. The order stated that as per the complaints, transportation was not being provided to such students. It was directed that if the bus of the school was going to the residential area of the concerned students, the bus facility could not be refused. It was also stated that if the provisions of Rule 134A were violated, recommendations would be made to the department for cancellation of recognition of the concerned school.

4. Thereafter on 14.05.2018, an order was passed by the District Education Officer, Rewari to the same effect (Annexure P-3). Finally, on 25.05.2018, an order was issued under Section 144 Cr.P.C. stating that if anyone was found guilty of non-compliance of the order, he would be liable for punishment under IPC, 1973.

5. Finally, the FIRs in question were registered under Section 188 IPC leading to the filing of the present petitions.

6. The petitions have been opposed by way of a reply filed by the Deputy Commissioner, Rewari. It has been averred that certain private schools were reluctant to give admission to eligible candidates as per provisions of Rule 134A of the 2003 Rules and were avoiding giving admission to such candidates on one pretext or the other. Such candidates were asked to file an affidavit undertaking payment of full fee in case the same was not paid by the Government, proof of income of parents etc. The schools were also taking tests at their own level whereas assessment test was to be conducted by the Education Department. There was great resentment among the aspiring candidates and their families. Even the students who were given admission were subjected to discrimination and separate classes were held for them. They were not provided facilities of transportation etc. which were available to other schools. Many complaints were received by the Education Department and the Administration. The matter was also reported in the newspapers. The candidates and their families held demonstrations and dharnas. Under the circumstances, the orders referred to in the petitions were passed from time to time and eventually an order under Section 144 Cr.P.C. was passed with a view to prevent obstruction, annoyance and injury to the public or to prevent disturbance to public tranquility. Even there