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Navodaya Vidyalayas all set to get exemption for two key RTE provisions by Akshaya Mukul
Lakhs of children waiting to take the entrance test for admission into the prestigious Navodaya Vidyalayas can now finally appear for the take relief as the law ministry has finally said that these schools can be exempted from two key provisions of the Right to Education Act.

However, the law ministry has asked HRD ministry to take the precaution of issuing the necessary notification exempting these schools from the RTE Act.

The two key provisions – no screening and 25% reservation for economically weaker sections -- will not be applicable to 444 Navodaya Vidyalayas across the country. As a result, the entrance test for these schools, that was to take place in February, would now held in July. Sources in the Navodaya Vidyalaya Sangathan (NVS) said, "The session in Navodaya Vidyalayas has already been delayed by a few months. We would like to conduct the test next month."

As for issuing the notification, ministry sources said there is a procedural hitch. Parliament is seized with the RTE amendment Act and till it is passed, the notification cannot be issued. "It can be done only after the amendments have been carried out. The amendments are, however, on other issues and not Navodaya Vidyalayas," a source said. HRD officials also point out that while NVs have waited and even delayed the admission process, other government-run schools like Sainik Schools of the defence ministry and Pratibha Vidyalayas of the Delhi government have gone ahead without seeking any clarification on whether they are exempted from the RTE Act.

NVS had sought HRD ministry's opinion after it received notice from the National Commission for Protection of Child Rights last year for flouting RTE norms. HRD ministry had sought the opinion of former Chief Justice of India A S Anand, who said Navodaya Vidyalayas are special category schools. Later, even the Attorney General also gave a similar opinion.

The law ministry while agreeing with the AG's opinion had said instead of issuing a notification that Navodaya Vidyalayas fall in a separate category, the RTE Act should be amended. However, the ministry was of the view that the Act does not need to be amended since section 2(p) puts Navodaya Vidyalayas in a specified category along with Kendriya Vidyalayas and Sainik Schools.

There are a number of reasons for letting Navodaya Vidyalayas off the RTE hook. They start from class VI and not class I. These schools, located in all districts, have 75% seats reserved for rural children. Seats are also reserved for children from SC and ST communities in proportion to their population in the district, but not less than the national average. One-third of the seats are for girl students and 3% of the seats are for disabled children. Till class IX there is no fee, and from IX to XII, Rs 200 is charged per month. NVS argued that since these schools cater primarily to poor rural children, there is no reason for it to give 25% reservation.

As for the contentious issue of no-screening, NVS contended that these schools were primarily meant for meritorious children and admission was done through a tough entrance examination conducted by CBSE. "Giving admission without entrance test will dilute the quality of Navodaya Vidyalayas," a source said, adding that in the past 25 years these schools have done extremely well academically.