Wednesday, 23 February 2011

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Tuesday, 22 February 2011

Law ministry raises queries on right to education Bill

Law ministry raises queries on right to education Bill

5 May 2008, 0226 hrs IST,

Akshaya Mukul,TNN


NEW DELHI: The law ministry has asked the HRD ministry to look into certain "crucial" aspects before introducing the Right to Education Bill which envisages free and compulsory education to children between 6 and 14 years. The Bill is likely to be introduced in the current session of Parliament.

HRD ministry, for instance, has been told that the concept of private unaided schools giving 25% reservation to poor children could result in litigation.

The RTE Bill stipulates that at the entry level (class I), schools should set aside 25% seats for poor children in the vicinity, the idea being that letting an underprivileged child join a private school at the entry level would help in social inclusion.

The Bill also says that private aided schools (51% aid from government) would have to give reservation to underprivileged children to the extent of the concession they get from the government.

Law ministry believes that since right to education is a fundamental right under Article 21A, any infringement could immediately result in court cases.

The Constitution gives the right to a citizen to directly seek redressal from high courts under Article 226 and the SC under Article 32 (1). Sources feel that since private schools are going to find a way out of this obligation, an aggrieved citizen would be left with no choice but go to courts.

Even if the Bill says the government would foot the bill of disadvantaged children, sources feel, social barriers are such that private schools would like to keep away from the obligation. As per current estimates, the government spends Rs 1,700 per child per year. "Right to Education is one of the most important fundamental right. Hope it does not remain a law on paper," a law ministry official said.

The law ministry has also asked HRD whether 25% reservation for poor children would be applicable to Kendriya Vidyalayas, Sainik Schools and Navodaya Vidyalayas. "We know how tough it is to get admission in Kendriya Vidyalayas. They are meant primarily for children of government employees,'' one official said.

Source:
http://timesofindia.indiatimes.com

http://enactments.blogspot.com

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RTE Act to be implemented from April, 2010

Right To Education Act to be implemented from April

PTI, 13 February 2010, 02:30pm IST

NEW DELHI: After much consultations, the government has finalised the sharing of funds in the ratio of 65 to 35 between the Centre and the states  for implementing the law making education a fundamental right. 

The Right of Children to Free and Compulsory Education Act, which was passed by Parliament in August last year, provides for free and compulsory education as a fundamental right of every child in the 6-14 age group and earmarks 25 per cent seats to children from economically weaker sections in private schools. 

However, the Act is yet to implemented as the government has delayed its notification. The government was in the process of finalising funds sharing between Centre and the states for implementing the Act. 

An expert committee, set up to study the funds requirement and funding, had estimated that Rs 1.71 lakh crore would be required in the next five years for implementing the Act. It had prepared three alternate models of sharing of funds. These ratios are 55-45, 65-35 and 75-25. 

However, the government agreed to 65-35 ratio for sharing of funds. But, the ratio will be 90-10 between the Centre and the states in case of northeastern states, a ministry official said. 

HRD Ministry has decided to notify Act on April 1, paving the way for its implementation. 

Courtesy_

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School's order challenged

School's order challenged

SPECIAL CORRESPONDENT

The detaining of a boy in Standard VI in a city school, when the Right to Education Act has come into force, has been challenged in the Madras High Court.

In a petition, Ka. Kalaikottuthayam of Virugambakkam has stated that his son Tamil Prabhakarauthayam joined the Don Bosco Matriculation Higher Secondary School, Egmore, in the kindergarten level. He got admission to Standard VI for academic year 2009-10 and was an average student. The family belonged to socially and educationally backward class. 

He was detained in Standard VI for 2009-10. The petitioner said under the Right of Children to Free and Compulsory Education Act, no child should be held back in any class till the completion of elementary education up to Standard VIII.

Courtesy_

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Class VI student can't be detained: HC

Class VI student can't be detained: HC

TNN, Jun 9, 2010, 05.27am IST

CHENNAI: Bringing cheer to lakhs of students, the Madras high court has ruled that no student aged between six and 14 years should be detained in the same class for any reason whatsoever. 

"There is a statutory prohibition for failing a student and retaining (him) in the same standard for any reason, including the reason that he has scored very low marks in class or term examinations including final examinations... The object behind the provisions is that no student should leave the school within the age group of six to 14 for any reason, i.e. due to non-payment of fee or not passing the examination," ruled Justice N Paul Vasanthakumar. 

He was passing the landmark order on a writ petition filed by the father of a class VI student of Don Bosco Matriculation Higher Secondary School at Egmore. Directing the school to promote the boy to standard VII forthwith, he also made it clear that the school should not issue transfer certificate (TC) to the boy compulsorily, without any request from him. If at all the TC is issued on the boy's voluntary request, it should clearly state that he had been promoted to standard VII. 

The matter relates to the detention/failure of a class VI student, Tamil Prabhakara Udayam, by the school authorities. The boy's father, Ka Kalaikottuthayam, filed the petition through counsel M Pari, stating that the move was violative of the provisions of the Right of Children to Free and Compulsory Education Act, 2009.

Courtesy_

Also read the related stories

HC directs promotion of failed Class VI student

Chennai, Jun 8 (PTI) The Madras High Court today directed a city private school to promote a student, who had been detained in Standard VI for securing less than the stipulated marks in the annual examination, in keeping with the Right To Education (RTE) Act.

Holding as "illegal" an April 5 Tamil Nadu Government circular, which was followed by the school to detain Tamil Prabhakarauthayam, Justice N Paul Vasanthakumar citing Supreme Court judgement held that after the Central act had come into force from April 1, the state act should be treated as repugnant in so far as it violated the former.

In the circular, the state Director of Matriculation Schools had issued guidelines regarding the final results for standards VI, VII, VIII, IX and XI.

Courtesy_


Also read the related stories

School's order challenged

SPECIAL CORRESPONDENT

The detaining of a boy in Standard VI in a city school, when the Right to Education Act has come into force, has been challenged in the Madras High Court.

In a petition, Ka. Kalaikottuthayam of Virugambakkam has stated that his son Tamil Prabhakarauthayam joined the Don Bosco Matriculation Higher Secondary School, Egmore, in the kindergarten level. He got admission to Standard VI for academic year 2009-10 and was an average student. The family belonged to socially and educationally backward class.

He was detained in Standard VI for 2009-10. The petitioner said under the Right of Children to Free and Compulsory Education Act, no child should be held back in any class till the completion of elementary education up to Standard VIII.

Courtesy_

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RTE Act: some rights and wrongs

RTE Act: some rights and wrongs

PUSHPA M. BHARGAVA

July 25, 2010
As it stands, the Right to Education Act has several flaws that will prevent its efficacious implementation. Several amendments are called for.

As it stands, the Right to Education Act has several flaws that will prevent its efficacious implementation. Several amendments are called for.

As it stands, the Right to Education Act has several flaws that will prevent its efficacious implementation. Several amendments are called for.

Something that cannot work, will not work. This is a tautology applicable to the Right to Education (RTE) Act, which cannot meet the objectives for which it was enacted. There are several reasons for this.

First, the Act does not rule out educational institutions set up for profit (Section 2.n.(iv)). The protagonists of such institutions cite Article 19.1.g ("All citizens shall have the right to practise any profession or to carry out any occupation, trade or business"). However, they fail to realise that the Article is regulated by Article 19.6: it is because of the provisions in Article 19.6 that no one in the country can set up a nuclear energy plant, or grow narcotic plants, or build satellites, unless approved by the government.

P.N. Bakshi, a member of the Law Commission, in his book on the Constitution of India says: "Education per se has so far not been regarded as a trade or business where profit is a motive." Yet, the TMA Pai Foundation vs Government of Karnataka judgment of the Supreme Court in 2003 said it is difficult to comprehend that education per se will not fall under any of the four expressions in Article 19.1.g. Therefore, appropriately, the model Rules and Regulations (R&R) for the RTE Act say in Section 11.1.b that a school run for profit by any individual, group or association of individuals or any other persons, shall not receive recognition from the government. However, this Section will not be binding on the States as it is not a part of the Act. If the Government of India were serious about the issue, it should have made this a part of the RTE Act.

The common-sense resolution of the discrepancy between the TMA Pai Foundation judgment and the model R&R for the RTE Act could lie in the fact that education is a generic term. We need to distinguish between the minimum quantum of education that a citizen should have in order to be able to discharge his or her responsibilities and claim rights, and the subsequent education geared to train him or her for a profession such as medicine or engineering.

As regards the first category, it is now virtually universally recognised that 12 years of school education beginning at the age of six, preceded by appropriate pre-school education, is a minimum requirement. Therefore, in virtually all developed countries, a vast majority of children including those of the rich and powerful go to government schools for 12 years of totally free education. The RTE Act is unconcerned about the four most important years of school education – that is, from Class IX to Class XII.

The second category would include three sub-categories: (a) higher education that could lead to a technical diploma, a first university degree in broad areas such as the liberal arts, science or commerce, or post-graduate education in these areas; (b) education leading to a university degree, in a common profession of prime public interest that would cater to the basic needs of society, such as medicine, engineering, law, or management; and (c) education leading to training in specialised areas (which could vary with time), such as flying, catering or hotel management, which does not lead to a degree but is a prerequisite to join the profession at an appropriate level.

It stands to common sense that the first category should be totally free with no hidden costs whatsoever. In the second category, in the public interest and to ensure that quality is maintained, education in sub-categories (a) and (b) must be in a non-profit organisation. The selections should be made on merit in a means-independent way which would imply that appropriate fees could be charged from those who can pay. Those who cannot pay must be able to continue their education through freeships or scholarships, or bank loans arranged by the institution.

There is no argument against education in sub-category (c) of the second category being provided for profit, for the employers will ensure quality in the institutions providing such education.

The judgment in TMA Pai Foundation would appropriately apply to sub-category (c). There is, therefore, a strong case to ensure that Section 11.1.b of the model R&R of the RTE Act is made mandatory for all schools without exception, through an amendment of the Act.

There is the argument that if people can pay for the education of their children they should have a right to have their own schools where the fee charged would be determined by them or the authorities of the school they set up. Indeed, according to the Constitution we cannot ban such schools, which will essentially be the de facto profit-making schools of today where almost exclusively the children of the rich and powerful go. However, the government will be within its rights to say that such schools would not be recognised as they would violate the principle of equity in regard to the minimum education that every Indian citizen should have.

The RTE Act and its R&R fail on many other counts. These are some of them:

* Experience tells us that no government school is likely to function well (or as well as the government schools did till about 1970) unless children of the rich and powerful also attend such schools. Further, it is a myth that private – de facto commercial – schools provide better training than, say a Central School of the Government of India or trust-run schools which are truly not-for-profit.

The Act places no restriction on the fees that may be charged by unaided private schools ostensibly set up as a Society or Trust but, de facto set up to make money for the investors, just like a corporate company. If they are truly set up not to make any profit they should not be charging any fees, and the fees paid by the children should be reimbursed by the government. They could then function as a part of the common school system in which children of the neighbourhood would have to go irrespective of their class or status.

Why should unaided private schools have a system of management with no obligatory participation of parents, unlike other schools that require the formation of a school management committee in which parents will constitute three-fourth of its membership?

Why do we have only 25 per cent poor children in private unaided schools? Why not 10, 20, 40, 60 or 80 per cent? Would it not create a divide amongst the children of the poor, leave aside a greater divide between the children of the rich and the poor?

No method is prescribed for selecting the 25 per cent poor students for admission into unaided private schools. Selection by lottery would be ridiculous. In the absence of a viable provision, the private unaided (de facto commercial) schools can choose the 25 per cent poor children in a way that the choice would benefit the school.

There is nothing in the Act or its R&R that will prevent unaided private schools from charging students for activities that are not mentioned in the Act or its R&R. Examples would be laboratory fee, computer fee, building fee, sports fee, fee for stationery, fee for school uniform, fee for extra-curricular activities such as music, painting, pottery, and so on.

Norms for buildings, the number of working days, teacher workload, equipment, library and extra-curricular activities are prescribed only for unaided schools, and not for other schools including government schools. Only an obligatory teacher-student ratio is prescribed both for government and unaided schools. This means that as long as the teacher-pupil ratio is maintained, the school would be considered as fit. Thus, even if a government school has 12 students in each class from I to V, it will have only two teachers.

Two arguments often given for continuing to have, or even encouraging, private unaided schools is that the government has no money to set up the needed schools, and that government schools cannot be run as well as private schools. Both these are deliberate lies. There have been excellent studies and reports that show that the government can find money to adopt a common school system with a provision of compulsory and totally free education up to Class XII in the country over the next 10 years. Further, even today the best system of school education in the country is the Central School (Kendriya Vidyalaya) system run by the government. The country needs 400,000 such schools, and India can afford it.

The RTE Act and its R&R are destined not to work. We should recognise that if we do not take appropriate care of school education, agriculture and left-wing extremism – and all the three are related – we may be creating conditions that would encourage internal turmoil.

(The writer is former vice-chairman, National Knowledge Commission.)

Courtesy_

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RTE: Notices to schools for violating admission norms

Notices to schools for violating admission norms

Special Correspondent

'Delhi Government to ensure transparency in admissions'


'Admission process for nursery classes in 380 Sarvodaya Schools has also started'

Officers directed to hear admission related problems on regular basis in their offices


NEW DELHI: The Delhi Government has issued notices to four schools for violating the provisions of the Right to Education Act in nursery admissions and warned that stern action would be taken against all schools not complying with the norms.

State Education Minister Arvinder Singh Lovely said on Wednesday that strong action would be taken against schools violating the provisions of Right to Education Act in the admission process. He said schools have been reminded once again that the income and educational qualification of parents cannot be a criteria for admission.

Mr. Lovely said for streamlining the process of admission of economically weaker section (EWS) students, the Directorate of Education has also decided that it would be mandatory for the schools to ensure the presence of a Deputy Director during the conduct of draw of lots for admissions to this category.

"The Delhi Government will remain vigilant in this regard to ensure that all schools maintain transparency in admissions,'' he said, adding that already notices have been served on eight schools for violating the norms in admission matters.

The Minister said in all there are about 1,165 government schools, 1,500 senior secondary public schools and about 2,000 Municipal Corporation of Delhi schools that serve the education needs of the Capital .

Stating that the admission process for nursery classes in 380 Sarvodaya Schools has also started, he said with regard to the students belonging to economically weaker section the Government will particularly ensure total transparency and admission of every child from this section .

The Minister also directed the Deputy Directors of Education Department to hear the admission related problems of parents on regular basis in their office between 10 a.m. and 1 p.m.

© Copyright 2000 - 2009 The Hindu

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http://www.thehindu.com


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RTE: Act and Rules


Right To Education Act, 2009

education Right To Education Act, 2009

Right of children to Free and Compulsory Education Act


Provides for free and compulsory education to all children of the age of six to fourteen years
The Right of children to Free and Compulsory Education Act has come into force from today, April 1, 2010. This is a historic day for the people of India as from this day the right to education will be accorded the same legal status as the right to life as provided by Article 21A of the Indian Constitution. Every child in the age group of 6-14 years will be provided 8 years of elementary education in an age appropriate classroom in the vicinity of his/her neighbourhood.
Any cost that prevents a child from accessing school will be borne by the State which shall have the responsibility of enrolling the child as well as ensuring attendance and completion of 8 years of schooling. No child shall be denied admission for want of documents; no child shall be turned away if the admission cycle in the school is over and no child shall be asked to take an admission test. Children with disabilities will also be educated in the mainstream schools. The Prime Minister Shri Manmohan Singh has emphasized that it is important for the country that if we nurture our children and young people with the right education, India’s future as a strong and prosperous country is secure.
All private schools shall be required to enroll children from weaker sections and disadvantaged communities in their incoming class to the extent of 25% of their enrolment, by simple random selection. No seats in this quota can be left vacant. These children will be treated on par with all the other children in the school and subsidized by the State at the rate of average per learner costs in the government schools (unless the per learner costs in the private school are lower).
All schools will have to prescribe to norms and standards laid out in the Act and no school that does not fulfill these standards within 3 years will be allowed to function. All private schools will have to apply for recognition, failing which they will be penalized to the tune of Rs 1 lakh and if they still continue to function will be liable to pay Rs 10,000 per day as fine. Norms and standards of teacher qualification and training are also being laid down by an Academic Authority. Teachers in all schools will have to subscribe to these norms within 5 years.
The National Commission for Protection of Child Rights (NCPCR) has been mandated to monitor the implementation of this historic Right. A special Division within NCPCR will undertake this huge and important task in the coming months and years. A special toll free helpline to register complaints will be set up by NCPCR for this purpose. NCPCR welcomes the formal notification of this Act and looks forward to playing an active role in ensuring its successful implementation.
NCPCR also invites all civil society groups, students, teachers, administrators, artists, writers, government personnel, legislators, members of the judiciary and all other stakeholders to join hands and work together to build a movement to ensure that every child of this country is in school and enabled to get at least 8 years of quality education.

Benefits of Right to Education Act, 2009


RTE has been a part of the directive principles of the State Policy under Article 45 of the Constitution, which is part of Chapter 4 of the Constitution. And rights in Chapter 4 are not enforceable. For the first time in the history of India we have made this right enforceable by putting it in Chapter 3 of the Constitution as Article 21. This entitles children to have the right to education enforced as a fundamental right.

Official Bill

Courtesy_

Education is now a fundamental right of every child


Education is now a fundamental right of every child

Agencies

New Delhi, April 01, 2010: Nearly eight years after the Constitution was amended to make education a fundamental right, the government on Thursday implemented a historic law to provide free and compulsory education to all children in age group of 6-14 years. The 86th Constitutional amendment making education a fundamental right was passed by Parliament in 2002. The Right of Children to Free and Compulsory Education Act, a law to enable the implementation of the fundamental right, was passed by Parliament last year. Both the Constitutional amendment and the new law came into force from Thursday.

The new law makes it obligatory on part of the state governments and local bodies to ensure that every child gets education in a school in the neighbourhood.

Its implementation will directly benefit close to one crore children who do not go to schools at present. These children, who have either dropped out from schools or have never been to any educational institution, will be enrolled in schools.

The Right To Education is being touted by the UPA government as another major achievement after Right To Information Act and National Rural Employment Guarantee Act.

At present, there are nearly 22 crore children in the relevant age group. However, 4.6 per cent of these children (nearly 92 lakh) are out of school, a ministry official said.

The school management committee or the local authority will identify the drop-outs or out of school children above six years of age and admit them in classes appropriate to their age after giving special training.

The Act makes it a right of every child to get education. The Act makes it obligatory for the appropriate governments to ensure that every child gets free elementary education.

The Act mandates that even private educational institutions have to reserve 25 per cent seats for children from weaker sections.

Certain schools have already challenged the law in the Supreme Court as being "unconstitutional" and violating fundamental rights of unaided private educational institutions. However, HRD Minister Kapil Sibal has said that legal process would not affect the implementation of law.

The Finance Commission has provided Rs 25,000 crore to the states for implementation of the Act.

As per the government's estimate, there will be a requirement of Rs 1.71 lakh crore in the next five years for implementation of the Act. Sibal said that the government has arranged the required funds for implementing the law.

Courtesy_

RTE Act: Critical Gaps and Challenges

Right to Education Act 2009: Critical Gaps and Challenges – Praveen Jha and Pooja Parvati
After the many rounds of drafting and redrafting that went into the Right of Children to Free and Compulsory Education Act of 2009, it was hoped that the Act would be an effective instrument for any child to demand her basic entitlement. Yet, a close look at the provisions reveals disconcerting features.
Related posts:
  1. The Right Of Children To Free And Compulsory Education Act, 2009: Progress In The First Six Months
  2. ALIGNING SARVA SHIKSHA ABHIYAN NORMS WITH THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009
  3. MODEL RULES UNDER THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009
  4. THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009 COMES INTO FORCE FORM APRIL1, 2010
  5. THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009
  6. RIGHT OF THE CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009
  7. AMENDMENT TO "THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009"
  8. GAPS IN THE "GENDER GAP" ANALYSIS – Brinda Karat
  9. UNIVERSALISING PDS: HOW MUCH DOES IT COST ANYWAY? – Praveen Jha, Nilachala Acharya
  10. ADDRESS CRITICAL GAPS IN THE HEALTH SECTOR: PM
Courtesy_

Disclaimer

This Blog Spot is meant for publishing reports about the usage of RTE Act (The Right of Children to Free and Compulsory Education Act, 2009) so as to create an awareness to the general public and also to keep it as a ready reckoner by them. So the readers may extend their gratitude towards the Author as we quoted at the bottom of each Post under the title "Courtesy".Furthermore, the Blog Authors are no way responsible for the correctness of the materials published herein and the readers may verify the concerned valuable sources.

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