Asking private schools in the national capital not to follow the recent CBSE circular on appointment of principals, the Delhi government today said that the clauses mentioned in the directive are contrary to the provisions of Delhi School Education Rules.
The government has also clarified that any "bye-laws of affiliation of CBSE or any other Board can't override the provisions of the Act passed by Parliament".
Last month, the Central Board of Secondary Education (CBSE) had notified that private schools affiliated to it will no longer be able to appoint principals or heads on their own as the board has empowered itself to monitor such appointments in schools that fall under its ambit.
"CBSE has amended existing affiliation Bye-Laws of the Board, relating to constitution of the Selection Committee in the case of recruitment of the Head of the Private Unaided recognized schools. The said constitution of Selection Committee is contrary to the provisions of Delhi School Education Rules, 1973," Directorate of Education (DoE) has said in a communication to schools.
"There is no provision in the act to induct the member nominated by CBSE in the managing committee of private schools.
"Since private schools in Delhi are bound to follow the provisions of Delhi School Education Act and rules, 1973, which has been enacted by the Parliament, therefore, any Bye-laws of affiliation of CBSE or any other Board can't override the provisions of the act passed by the Parliament," it added.
The communication also mentions a 2015 ruling of Delhi High Court stating "schools in Delhi are governed by its act, hence the CBSE bye-Laws will not apply and the Delhi School Education Act and rules and the applicable circulars as issued by DoE will be applicable".
"All heads of schools are directed to strictly comply with the provisions of the Delhi Act with regard to constitution of selection committee for recruitment of principals," it added.
