Kolkata: The Calcutta High Court on Monday stayed a notification on application of Right to Free and Compulsory Education Rules 2012, put forward by the West Bengal government.
Hearing a petition by 10 private schools from Howrah challenging the rules, Justice Nadira Patherya stayed the application of the rules and directed that the matter would come up for hearing four weeks later.
The petitioner claimed that the Rules were contradictory to the Right to Free and Compulsory Education Act 2009, which had been passed by the Centre.
It claimed that according to the Rules, unaided private primary schools cannot run them individually and they have to apply for registration through public trusts or societies.
The petitioners stated that according to the Rules, these schools would have to apply accordingly or else they could face a stiff monetary penalty of up to Rs one lakh.
They claimed that the central Act, however, provided that any citizen can own such schools and that state rule was contradictory to the Right to Occupation provided in the Constitution.
The state lawyers sought time to reply to the allegations, following which the court stayed the application of the state Rules and directed that the matter would come up for hearing again after four weeks.