Calcutta HC directs continuation of stay on notification

 The Calcutta High Court today directed
the continuation of stay on a notification on application of
Right to Free and Compulsory Education Rules 2012, put forward
by the West Bengal government.
Taking up a petition by Greenview School, Howrah and 59
other private schools from across the state, Justice Debasish
Kar Gupta directed that the stay would continue till further
orders.
Justice Kar Gupta directed the parties to file affidavits
in support of their claims and the matter would come up for
hearing thereafter.
The primary and upper primary schools moved the court
challenging the rules, the application of which had earlier
been stayed by Justice Nadira Patherya.
The petitioners claimed that the rules were contradictory
to the Right to Free and Compulsory Education Act 2009 passed
by the Centre.
It claimed that according to the rules, unaided private
primary schools could not run them individually and they would
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 provided that any
citizen could own such schools and that the state rule was
contradictory to the Right to Occupation provided in the
Constitution.