High court seeks Punjab govt's response on plea for CBI probe into rule denying RTE benefits
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Chandigarh: The Punjab and Haryana high court has issued a notice to the Punjab govt on a plea seeking a CBI investigation into the controversial Rule 7(4) of the Punjab RTE Rules — a regulation that, for over a decade, enabled private schools to sidestep mandatory admissions for children from economically weaker sections (EWS) for free education under the Right to Education Act, 2009.
A division bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry issued the notice after taking cognisance of a public interest litigation (PIL) filed by former IAS officer Dr Jagmohan Singh Raju. The matter has been fixed for Sept 22.
Arguing before the bench, Dr Raju asserted that Rule 7(4) was "unconstitutional, corrupt, and deliberately crafted" to serve the commercial interests of private unaided schools at the cost of disadvantaged children's rights.
He pleaded that the insertion of Rule 7(4) by the Punjab govt smacked of corruption, as this regulation prima facie appeared to have been incorporated primarily to provide a legal escape route to private unaided schools to avoid a reduction in their revenue on account of the considerable difference between the fee ordinarily charged by a private unaided school and the amount reimbursed by the govt per child admitted under Section 12(1)(c) of the RTE Act, 2009.
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The petitioner argued that the rule created a quid pro quo ecosystem, favouring private schools and shielding them from statutory consequences. "The state exchequer suffered massive financial losses, as no fines were levied or collected for 15 years. The insertion of Rule 7(4) smacks of large-scale, institutionalised corruption. A CBI inquiry is essential as state-level agencies have an inherent conflict of interest and lack the independence to investigate govt-originated wrongdoing," the petitioner submitted.
Earlier, while taking cognisance of Dr Raju's plea, the high court struck down Rule 7(4) and directed the immediate implementation of the 25% EWS quota across private schools from the academic year 2025–26.
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