IMPORTANT POINT
The show cause notice must specify the charges against the accused party, and the collection of capitation fee must be established with clear evidence.

ORDER :

1. Heard Mr. Omar A. Pasha, learned counsel appearing on behalf of the Petitioners and learned Government Pleader for Education appearing on behalf of respondents.

2. The petitioner approached the Court seeking prayer as under:

“to issue a Writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd Respondent in issuing the impugned proceedings Rc. No. 1164/AD.B/2014-3/A2, dated 13.10.2014 as arbitrary, illegal, unconstitutional and consequently set aside the same.”

3. PERUSED THE RECORD:

(A) The order impugned dated 13.10.2014 vide Rc. No. 1164/AD.B/2014-3/A2 passed by the 3rd respondent, reads as under:

Smt. G. Gita Karan, Director, Gitanjali Group of Schools is informed that in this office proceedings” cited, notice was served to you for violation of certain sections of RTE Act 2009. You were requested to submit your reply along with certain information within 07 days from the date or receipt of the communication. It was also informed therein that if no reply is received, it will be construed that you had no explanation to offer and further action would be taken as per the material evidence available without further correspondence in the matter as per RTE Act 2009.

Smt. G. Gita Karan, Director, Gitanjali Group of Schools has submitted reply to the notice through the reference 2nd, on examining the reply it is found that, she has accepted regarding conducting of screening procedure due to non availability of space in her school.

Further it is also informed that, as seen in the website the following procedure was adopted by the Management while giving admissions to the students.

(xvi) Selling of application forms @ Rs. 175/-

(xvii) Tests and interviews for admissions in to classes will be conducted.

(xviii) Collected admission fee Rs. 2500/-

(xix) Giving admissions for P.P. i.e. Nursery, LKG, UKG, with tests/Interviews.

(xx) All applicants for N.S. and P.P-1 classes will be called in for an interview, the aim being to admit children who can display age appropriate skills.

It shows the Management has deviated the following rules:

No Capitation fee and screening procedure for admission.

Rule 13 (1) of the RTE Act 2009: “No school or person shall, while admitting a child, collect any capitation fee and subject the child or his or her parents or guardian to any screening procedure.”

Rule 13 (2) of the RTE Act 2009: Any school or person, if in contravention of the provisions of sub section (1):

(g) Receives capitation fee, shall be punishable with fine which may extend to ten times the capitation fee charged.

(h) Subjects a child to screening procedure, shall be punishable with fine which may extend to Twenty-five thousand rupees for the first contravention and fifty thousand rupees for each subsequent contraventions.

In view of the above, you are hereby instructed to pay fine as contemplated in the above rules within a week without fail into the Government Treasury to the head of account as follows:

Primary Education head of Account:

You are requested to pay fine of Rs. 10,00,000/- (Rupees Ten Lakhs only) ten times the total amount reported to have been collected as capitation fees and twenty five thousand rupees for admitting the children by conducting screening procedure. You are requested to submit compliance report. The entire amount should be remitted the school head of account within a week days.

If the above fine is not paid by the stipulated time, further action will be taken action as per the material evidence available in this office as per the RTE Act 2009 without entertaining any correspondence in the matter.

The receipt of these proceedings should be acknowledged.

(B) The show cause notice dated 24.06.2014 vide Rc. No. 11