HIMACHAL PRADESH PRE-SCHOOL ASSOCIATION v. THE STATE OF HP AND OTHERS
CWP/9851/2024 · 2025-05-05
Ajay Mohan Goel
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21153 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21153 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:12519
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 9851 of 2025
Decided on: 05.05.2025 Himachal Pradesh Pre-School Association
… Petitioner
Versus
State of Himachal Pradesh and others
… Respondents
Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Adarsh K. Vashishta, Advocate.
For the respondents : Mr. Sumit Sharma, Dy. AG for
respondents-State.
: Mr. Balram Sharma, DSGI for
respondent No. 5.
Ajay Mohan Goel, Judge (Oral)
By way of this writ petition, the petitioner has primarily prayed for the following relief:-
“i) That a writ in the nature of mandamus may kindly be issued directing the Respondents to notify and publish the H.P. Early Childhood Care and Education Centres (Registration and Regulation) Rules, 2019 at the earliest, in the interest of justice.”
2.
When this case was listed on10.04.2025, the following
order was passed by the Court:-
“Mr. Mohan Dutt, Additional Director, WCD has
1 Whether reporters of the local papers may be allowed to see the judgment?
2
2025:HHC:12519 informed the Court that Draft Rules were framed as per the statutory provisions of the Himachal Pradesh Early Childhood Care and Education Centres (Registration and Regulation) Act, 2017 and the same were forwarded to the State Government by the Department. However, subsequently, in the light of the new education policy that has come into force, the Central Government has advised the State Government that till the existing Early Childhood Care and Education Centres (Registration and Regulation) Act is not in harmony with the new education policy as well as the curriculum, which is proposed by the Central Government with regard to children less than 6 years of age, which is known by the nomenclature of Aadharshila for the time being, let the framing of the Rules be deferred. The Officer, thus, informs the Court that it is in the light of this development that the Rules have yet not been finalized.
At this stage, on the request of learned counsel for the petitioner, Union of India, through Women and Child Development through its Secretary is impleaded as respondent No.5. Mr. Balram Sharma, learned Deputy Solicitor General of India, accepts notice on behalf of the newly impleaded respondent. On his request, the case is ordered to be listed on 05.05.2025 to enable him to have
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2025:HHC:12519 instructions in the light of the discussion which took place in the Court today.
Learned counsel for the petitioner to hand over the complete paper book to learned DSGI during the course of the day. Officer need not remain present in the Court. In the meanwhile respondents-State be also file reply to the writ petition.”
3.
Today, learned Deputy Solicitor General of India has handed over a copy of instructions dated 01.05.2025, received from the Under Secretary to Government of India, Ministry of Women and Child Development, Child Development Division. In terms of the instructions, no specific advisory has been issued by the Central Government and rather after issuance of ECCE Guidelines, 2013, the National Education Policy, 2020, has been introduced by the Ministry of Education and two curriculum frameworks have been developed by the Ministry of Women and Child Development, which are subsequent developments in respect of Pre-school Non-formal Education. Learned Deputy General of India by relying upon Clause XI of the instructions submitted that no advisory has been issued by the Central Government to the respondent-State not to frame any Rules in terms of the 2017 Act.
4.
Learned Deputy Advocate General has submitted that in
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2025:HHC:12519 light of the statement made by learned Deputy Solicitor General of India, needful will be done as expeditiously as possible.
5.
Accordingly, this writ petition is disposed of with the direction that let the necessary Rules be promulgated by the State as early as possible and preferably within a period of eight weeks from today. The Court is granting eight weeks time to the respondent to enable the State to again have a look at their Rules and ensure that they are in harmony with the subsequent policy framed by the Central Government as well as the spirit of 2017 Act.
The petition stands disposed of in above terms, so also pending miscellaneous applications, if any.
(Ajay Mohan Goel)
Judge May 05, 2025 (narender)