The decision to revoke Rule 134A ofthe Haryana School EducationRules in the 10% EWS Quota inPrivate Schools is not subject tointerference by the High Court

In a case where the petitioner challenged the deletion of Rule 134A of the Haryana School Education
Rules, 2003 on the grounds that it had not been submitted for prior approval to the House of the State
Legislature, as required by Section 24 of the Haryana School Education Act, 1995, the Punjab and
Haryana High Court upheld the State Gazette Notification that announced the deletion.
The bench, which was made up of Chief Justice Ravi Shanker Jha and Justice Arun Palli, also pointed out
that, according to Section 24(3) of the Haryana School Education Act, 1995, the requirement to lay rules
before the House of the State Legislature does not call for a prior laying but rather that the rule be laid
before the House of the State Legislature as soon as it is made.
The court further stated that the aforementioned provision is merely advisory and not binding, and it
does not call for the Rule to be laid down beforehand.

“In such circumstances, as the provision of the Statute is directory and not mandatory
and does not require prior laying of the Rule, it is evident that the notification dated
28.03.2022 (P-4) deleting the provision of Rule 134A from the Rules of 2003 has come
into force from the date it has publication and as on date, Rule 134A does not exist on the
Statute book.”
In a petition filed under Rule 134A of the Rules of 2003 (as modified in 2013), the
petitioner asked the court to grant instructions to the respondents to publish the schedule
for admission in Classes 2nd through 8th for the academic year 2022–2023. For
impoverished, deserving children, Rule 134A allows for a 10% reservation in admission
to private institutions.
The petition was dismissed by the court in light of the aforementioned legal and factual
Case: Jayant Kumar versus State of Haryana


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