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LATEST NEWS UPDATES | Experts divided over decision to exempt unaided minority schools from RTE Act-Prasad Joshi

Experts divided over decision to exempt unaided minority schools from RTE Act-Prasad Joshi

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published Published on Jan 9, 2013   modified Modified on Jan 9, 2013
-The Indian Express

Experts are divided over the stand taken by the State Education department to exempt the unaided minority schools from the Right of Children to Free and Compulsory Education (RTE) Act 2009 while releasing the admission schedule for the academic year 2013-14. While some experts have termed the decision in contrary to the enabling provisions of the Act, others are describing it as in conformity with the Act.

In chapter 1 of the Principal RTE Act, section one had three sub-sections after which sub-sections four and five were added to elaborate further the extent of its application during June last year. This section reads ‘Subject to the provisions of Articles 29 and 30 of the Constitution, the provisions of this Act shall apply to conferment of rights of children to free and compulsory education’ and ‘Nothing contained in this Act shall apply to Madrasas, Vedic Pathshalas and educational institutions primarily imparting religious education’, respectively.

“The amendments spell out clearly the purview of the application of the Act. Only theological schools are expected to get exempted from the RTE Act as per these amendments and not even unaided minority schools,” said Bhaskarrao E Avhad, senior legal advisor.

Suryakant Kulkarni, RTE state representative for Maharashtra, said the state government has wrongly interpreted the amendments in the Act while keeping unaided minority school outside. “The schedule released by the government for carrying out RTE admissions for the coming academic year contradicts the basic principles of the Act.”

Reacting on the issue, Minority Educational Rights Consultant advocate Markas Deshmukh, however, said the provisions of RTE Act and its rules and amendment made in 2012 do not apply to un-aided minority educational institutes. “The RTE Act and the Supreme Court Judgment in Writ Petition of Society for un-aided private schools of Rajasthan versus Union of India and others categorically mentioned that the RTE Act is not applicable to un-aided minority institutions,” he said.

Importantly, the amendment in Section 22 of the Principal RTE Act has a mention of a role of school managing committee regarding minority educational institutions whether based on religion or language. This particular amendment has also been the issue of debate among stakeholders with a section of them saying the enabling provision to this effect in the context of minority institution itself suggests that they come under the purview of the Act.

State director of education (primary) Mahaveer Mane was not available for comment on the issue.

Frequently Asked Questions and clarifications

If all seats reserved under the 25 per cent quota for the EWS students are not filled in the first round, can the schools admit other students?

Clarification: No. The schools will have to repeat the EWS admission process and fill the seats by enrolling EWS students only.

Will the school get re-imbursement for the EWS students admitted in pre-primary classes?

Clarification: No. The schools will only start getting re-imbursement when the student is in Class 1.

As per RTE rules, the school has to provide uniform to the students admitted under the RTE quota. Many private schools do not provide uniforms to the students.

Is it compulsory for the schools to provide uniforms to EWS students only?

Clarification: Yes. Under the RTE it’s the responsibility of the school to provide uniforms to EWS students. Schools will have to comply with the norms of the RTE.

If parents don’t want to admit their child in a private school in a vicinity, can they apply for EWS seat in a school outside the one-km radius neighbourhood?

Clarification: While parents can apply to any private school, during admissions the schools will give preference to candidates residing in the neighbourhood, meaning in an area of 1-km radius.

Gaps in the implementation of the Act

Experts have criticised the state government for keeping the entry-level for the RTE Act as Kindergarten (KG) or Class I, as the beneficiary could be any child from economic weaker section from 6-14 age-group.

As per the Act, the state government was expected to set up help-line accessible by SMS, telephone and letter, which would act as the forum for aggrieved child or guardian to register complaints related to violation of the Act. None of these measure have been taken up by the government since the Act came into force in Maharashtra in October 2011.

The government is yet to form a state advisory council, comprising experts from different fields, despite the Act stipulates for the formation of such body to ensure smooth execution of the RTE Act.

School Management Committees are scheduled to set up as per the enabling provisions of the RTE Act, but most of the schools are lagging on this aspect, experts observe.

The Indian Express, 9 January, 2013, http://www.indianexpress.com/news/experts-divided-over-decision-to-exempt-unaided-minority-schools-from-rte-act/1056633/0


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