Hemant Goswami versus Union of India and Ors.

Civil Writ Petition - Public Interest (PIL)

by Hemant Goswami
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The PIL highlighted that despite being allotted land at highly subsidised prices, the private educational institutions were not providing the mandatory 15 percent free seats to economically poor students.

The petition mentioned that according to Rule 18 of “Allotment of Land to Educational Institutions (Schools), etc. on Lease-hold Basis in Chandigarh Scheme, 1996,” the Educational Societies/Institutions (Schools)/Trusts are required to reserve 15% or more seats for students belonging to economically weaker sections of the Society.

The writ petition prays that the Government should ensure that all the educational institution provide absolutely free (and same quality of) education to at-least a minimum of 15% students belonging to economically deprived segment of the society. The petition mentions that in compliance to providing free education, it shall also include 100% concession from payment of any sundry allowances, building funds, tour-picnic funds, etc. or any additional fund, by what ever name charged. Besides, all such students should be provided the same quality of education during the regular hours along with the other regular students. If the educational institutional also runs additional/evening classes and other branches, the provision of 15% free seats should be maintained at all branches and classes in equal proportion/ratio for all the different age groups and/or the academic year of study. The petition mentioned, “Students from EWS section studying in the nearest Government school can be transferred to the private educational institution, so as to ensure that the necessary condition of 15 percent free seats by private institutions is maintained at all times.”

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