CIVIL WRIT PETITION NO.15042 OF 2009 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: AUGUST 11, 2010 Haryana Schools Welfare Association (Regd.), Bilaspur, District Yamunanagar .....Petitioner VERSUS The State of Haryana and another ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr. Rahul Sharma, Advocate, for the petitioner. Mr. Harish Rathee, Sr.DAG, Haryana, for the State. ***** RANJIT SINGH, J. (ORAL) Learned counsel for the petitioner has drawn my attention to the provisions of Rule 38 of the Haryana School Education Rules, 2003 to urge that all the Schools, which are part of this Association- petitioner, are existing prior to 2003 and hence are not required to seek fresh recognition under the Rules framed in the year 2003 as is clear from Rule 38 of the above Rules, which reads as under:- “38. No fresh recognition:- Section 3 and 24(2) (a) (b) and (d),- Existing recognized/deemed recognized schools CIVIL WRIT PETITION NO.15042 OF 2009 :{ 2 }: running before 30th April, 2003 shall not have to seek any fresh recognition or No Objection Certificate from the Department. However, they shall have to submit their land and building in the Form as specified by the Department for record purposes within six months from the date of notification of these rules in the Official Gazette.” Mr.Rathee says that it is difficult for the State to verify the individual details and the writ petition filed by the Association is not maintainable. The State is only required to check if the school is recognised prior to 2003 or not. This is an easily verifiable fact and can be so verified from the details given in the documents annexed with the petition. This exercise can be done from the existing record. The present writ petition is accordingly disposed of with a direction to the respondents to consider this aspect and see if any of the School, which is part of the petitioner Association and has come up after 2003 and is required to apply fresh for recognition or not. In case they are pre-existing schools prior to the advent of these Rules, they apparently would be exempted from seeking recognition and appropriate order accordingly be passed. The writ petition is accordingly disposed of. August 11, 2010 ( RANJIT SINGH ) khurmi JUDGE