The Delhi Government has asked private schools in the national Capital to not follow the recent Central Board of Secondary Education (CBSE) circular on appointment of principals as the new clauses are contrary to the provisions of Delhi School Education Rules.
The Government has also clarified that any “by-laws of affiliation of CBSE or any other Board can’t override the provisions of the Act passed by Parliament”.
The CBSE had last month 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.
“The CBSE has amended existing affiliation by-laws of the Board, relating to constitution of the Selection Committee in the case of recruitment of the Head of the Private Unaided recognised 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 the 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 Parliament, therefore, any bye-laws of affiliation of CBSE or any other Board can’t override the provisions of the act passed by 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 by-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.