Wednesday, 5 October 2016

Bare Acts related to Children

Bare Acts related to Children


Thursday, 29 September 2016

HC slaps fine on school for disobeying tribunal order

HC slaps fine on school for disobeying tribunal order

PTI | Jun 30, 2016, 11.29 PM IST

Madurai, Jun 30: Madras High Court bench here today imposed a fine of Rs 50,000 on the management of a government-aided school in Salem district for disobeying the orders of the State Education tribunal to reinstate a dismissed headmistress. 

Allowing an appeal by M Jegajothi, a division bench comprising Justices K K Sasidharan and B Gokuldas directed the management of National Girls Higher Secondary School in Rasipuram to pay arrears of salary to the appellant from the period of June 1977 to May 1983, along with 12 per cent interest, when she was under suspension and dismissal. 

The amount should be paid before July 18, the court said while directing the Education department officials to fix her pension, by treating her as retired from service as a headmistress from the school, on May 2000. 

"The appellant should be considered as Headmistress of the Higher Secondary school on the date of her retirement on  May 31, 2000. 

She is also eligible to claim the benefits of periodical revision of pension and more particularly revision  made pursuant to the sixth pay commission report," the bench said.   

The pension should be refixed as expeditiously as possbile before July 29 and the arrears also should be paid with 12 per cent interest before Aug 8 this year, the bench added. 

The petitioner submitted that she was suspended and dismissed from service for failing two girl students hailing from influential families, on 1977, following which she had petitioned the State Education tribunal, which had ordered her reinstatement. 

She further said the management did not reveal the tribunal order to the high court. 

Recording the submissions, the bench said the education department officials were wrong when they permitted the school management to appoint a headmaster, after ordering it to reinstate her as headmistress, as per the tribunal order. 


Sunday, 11 September 2016

SC upholds RTE Act: its salient features for Private Unaided Schools

SC upholds RTE Act, 2009

(DOJ: 12-04-2012) (Society for Unaided Private Schools of Rajasthan Vs. Union of India and another) (S.H. Kapadia CJI, K.S.Radhakrishnan and Swatanater Kumar, JJ) (AIR 2012 SC 3445, FB : 2012 (6) SCC 1 : 2012 (3) MLJ 993) (https://indiankanoon.org/doc/154958944/)


PART VI CONCLUSIONS

1. xxxx 

2. Rights of children to free and compulsory education guaranteed under Article 21A and RTE Act can be enforced against the schools defined under Section 2(n) of the Act, except unaided minority and non-minority schools not receiving any kind of aid or grants to meet their expenses from the appropriate governments or local authorities.

Section 2(n): "school" means any recognised school imparting elementary education and includes--

i. a school established, owned or controlled by the appropriate Government or a local authority;

ii. an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority; 

iii. a school belonging to specified category; and

iv. an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;

3. Section 12(1)(c) is read down so far as unaided non-minority and minority educational institutions are concerned, holding that it can be given effect to only on the principles of voluntariness, autonomy and consensus and not on compulsion or threat of non- recognition or non-affiliation.

12. Extent of school's responsibility for free and compulsory education.-

1. For the purposes of this Act, a school,--

a. xxxx

b. xxx

c. specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit in class I, to the extent of at least twenty-five per cent. of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion:

Provided further that where a school specified in clause (n) of section 2 imparts pre-school education, the provisions of clauses (a) to (c) shall apply for admission to such pre-school education.

4. No distinction or difference can be drawn between unaided minority and non-minority schools with regard to appropriation of quota by the State or its reservation policy under Section 12(1)(c) of the Act. Such an appropriation of seats can also not be held to be a regulatory measure in the interest of the minority within the meaning of Article 30(1) or a reasonable restriction within the meaning of Article 19(6) of the Constitution.

Section 12. Extent of school's responsibility for free and compulsory education.-

1. For the purposes of this Act, a school,--

a. xxxx

b. xxx

c. specified in sub-clauses (iii) and (iv) of clause (n) of section 2 shall admit in class I, to the extent of at least twenty-five per cent. of the strength of that class, children belonging to weaker section and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion:

Provided further that where a school specified in clause (n) of section 2 imparts pre-school education, the provisions of clauses (a) to (c) shall apply for admission to such pre-school education.

5. xxxx

6. Duty imposed on parents or guardians under Section 10 is directory in nature and it is open to them to admit their children in the schools of their choice, not invariably in the neighbourhood schools, subject to availability of seats and meeting their own expenses.

Section 10. Duty of parents and guardian.-

It shall be the duty of every parent or guardian to admit or cause to be admitted his or her child or ward, as the case may be, to an elementary education in the neighbourhood school.

7. Sections 4, 10, 14, 15 and 16 are held to be directory in their content and application. The concerned authorities shall exercise such powers in consonance with the directions/guidelines laid down by the Central Government in that behalf.

Section 4. Special provisions for children not admitted to, or who have not completed, elementary education.-

Where a child above six years of age has not been admitted in any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age:

Provided that where a child is directly admitted in a class appropriate to his or her age, then, he or she shall, in order to be at par with others, have a right to receive special training, in such manner, and within such time-limits, as may be prescribed:

Provided further that a child so admitted to elementary education shall be entitlted to free education till completion of elementary education even after fourteen years. 

Section 10. Duty of parents and guardian.-

It shall be the duty of every parent or guardian to admit or cause to be admitted his or her child or ward, as the case may be, to an elementary education in the neighbourhood school.

Section 14. Proof of age for admission.-

1. For the purposes of admission to elementary education, the age of a child shall be determined on the basis of the birth certificate issued in accordance with the provisions of the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886) or on the basis of such other document, as may be prescribed.

2. No child shall be denied admission in a school for lack of age proof

Section 15. No denial of admission.-

A child shall be admitted in a school at the commencement of the academic year or within such extended period as may be prescribed:

Provided that no child shall be denied admission if such admission is sought subsequent to the extended period:

Provided further that any child admitted after the extended period shall complete his studies in such manner as may be prescribed by the appropriate Government.

Section 16. Prohibition of holding back and expulsion.-

No child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education

8. The provisions of Section 21 of the Act, as provided, would not be applicable to the schools covered under sub-Section (iv) of clause (n) of Section 2. They shall also not be applicable to minority institutions, whether aided or unaided.

Section 2(n): "school" means any recognised school imparting elementary education and includes--

i. a school established, owned or controlled by the appropriate Government or a local authority;

ii. an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority;

iii. a school belonging to specified category; and

iv. an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority;

Section 21. School Management Committee.-

1. A school, other than a school specified in sub-clause (iv) of clause (n) of section 2, shall constitute a School Management Committee consisting of the elected representatives of the local authority, parents or guardians of children admitted in such school and teachers:

Provided that at least three-fourth of members of such Committee shall be parents or guardians:

Provided further that proportionate representation shall be given to the parents or guardians of children belonging to disadvantaged group and weaker section:

Provided also that fifty per cent. of Members of such Committee shall be women.

2. The School Management Committee shall perform the following functions, namely:--

a. monitor the working of the school;

b. prepare and recommend school development plan;

c. monitor the utilisation of the grants received from the appropriate Government or local authority or any other source; and

d. perform such other functions as may be prescribed

9. xxxx

10. xxxx

11. xxxx

12. xxxx

13. xxxx

Sources: 



Friday, 9 September 2016

Pondicherry Private Schools Fees Fixation Committee and RTE Act implementation

Implement RTE Act in right spirit

SPECIAL CORRESPONDENT

PUDUCHERRY, September 8, 2016

DMK and AIADMK legislators on Wednesday made out a strong case for implementation of Right to Education Act in the Union Territory. 

DMK legislator R. Siva pointed out that the Act should have been implemented in letter and spirit and children belonging to poor families were meant to be benefited by it.

Replying to Mr. Siva’s plea on poor enrolment in government schools, Education Minister R. Kamalakannan said that the legislator should come out with information as to how many of them were patronising the government schools.

Private schools

AIADMK Deputy Legislature party leader A. Anbalagan alleged that the Act’s guidelines were violated by a number of private schools. Though the Act was introduced by the Congress headed UPA at the Centre the Government was delaying its implementation.

When Mr. Anbalagan insisted the Government to emulate the pattern followed by Tamil Nadu, Mr. Kamalakannan rose to point out that one cannot draw a parallel between the two governments.

He said that a number of suggestions have been received and already the government had constituted a committed to fix the fee structure in the private schools.

The government was fully conscious of its responsibility of making education accessible to all.


Also read the related stories


Sources:
Dinamalar ePaper
Dinakaran ePaper

Also read the related stories

Pondicherry Private Schools Fees Fixation Committee

Sunday, 14 August 2016

School admission under RTE a struggle

School admission a distant dream, despite RTE Act

STAFF REPORTER

MILES TO GO: Schools in the State which began functioning in June have kept admissions under the RTE Act open till November. A file picture of an officer verifying reimbursement claims towards admissions made under RTE Act.

While the number of seats filled under the Act has increased, reports of children being turned away are not uncommon

P. Kutti Kamatchi and her husband, a labourer, who had sought admission for their son two months ago, was turned away by a private matriculation school in Tirumangalam, Madurai, though he had met all the criteria under the Right to Education (RTE) Act.

After a lengthy struggle, she finally managed to admit her son with the help of activists in another private school under the RTE Act without paying any capitation fee.

Though Minister for School Education P. Benjamin said in the Assembly recently that 94,811 students had secured admission under the RTE Act in 2015-16, technically an increase from the last two years, the process remains an arduous task for many.

A resident of Periyanaickenpalayam, P.P. Muthusamy, was denied LKG admission for his son two years ago by a private matriculation school and the management gave him many reasons, none of which were valid, he argued.

Schools across the State which began functioning in June have kept the admissions under the RTE Act open till November as suggested by the Education department.

In Tiruchi, the inspector of Matriculation Schools has stated that all 1,314 seats have been filled at the entry level across 107 private matriculation schools.

Similarly, in Coimbatore, 3,694 of the 3,959 seats earmarked for RTE admissions had been filled up.

In Chennai, which has over 5,000 seats in the entry level, more than 70 per cent had been filled up.

“There is a lot more awareness now among parents about the RTE act and over the last few years, we have seen more of them approach schools.

“There are, however, several issues that need to be addressed at the classroom level. We have received a few complaints of children admitted under the RTE Act being discriminated against in schools owing to their underprivileged background. This puts off a few parents,” said S. Arumainathan, president of the Tamil Nadu Parents Students Welfare Association.

Changes needed

A city school principal pointed out that they were forced to reject applications for admission of many students as they did not meet the distance criteria. “A comprehensive online portal, where all information about seats available, would help bring down complaints against schools to a great extent,” he said.

Urging the State government to adopt the method followed by engineering and medical colleges for admissions under the RTE Act, Eswaran, State Secretary of Marumalarchi Dravida Munnetra Kazhagam’s Youth Wing, said parents should be allowed to apply online with necessary documents and indicating the school of their preference.

“The government should collate the data and conduct a counselling after getting the number of RTE seats available in each school. This would be a transparent system and take away the right to admit students away from the schools.” Ajeeth Prasad Jain, Principal, Bhavans Rajaji Vidyashram, suggested that the practice of filtering out applicants who can qualify for the RTE Act could be done at the entry level. “While schools receive scores of applications, we filter out those who have applied normally but are eligible for admission under the RTE Act and inform them of the same. Schools can come forward and take the onus to enable more admissions under the RTE Act,” he said.

(With inputs from Karthik Madhavan, P.V. Srividya, K. Raju, C. Jaishankar, S. Poorvaja and Pon Vasanth Arunachalam)


Wednesday, 3 August 2016

Dress and Character Code for School Students

Sources: Dinakaran ePaper

Important Links related with Education


Sl.No.Name of the OrganizationWebsite Address
1
National Portal of India, Government of Indiahttp://www.india.gov.in
2
Web directory, Government of Indiahttp://www.goidirectory.nic.in
3
Pondicherry Universityhttp://www.pondiuni.edu.in
4
National Informatics Centre, Govt. of Puducherryhttp://www.pon.nic.in
5
Puducherry Engineering College, Puducherryhttp://www.pec.edu
6
Dte. of Technical & Higher Education, GoPhttp://www.dhte.puducherry.gov.in
7
Income Tax Department, Government of Indiahttp://www.Incometaxindia.gov.in
8
Govt.of Tamilnadu(school textbooks online)http://www.textbooksonline.tn.nic.in
9
Tamilnadu School Education Departmenthttp://www.pallikalvi.in
10
JIPMER, Pondicherryhttp://www.jipmer.edu
11
School books/e-books portalhttp://www.ebasta.in
12
ELCOT, Govt.of Tamilnadu Undertakinghttp://www.elcot.in
13
Dte.of Govt. Examinations, Govt.of Tamilnaduhttp://www.tn.gov.in/dge
14
Dept. of General Education, Government of Keralahttp://www.education.kerala.gov.in
15
Dept.of Vocational Education, Govt.of Karnatakahttp://www.karnataka.gov.in/dve
16
Government of andhra Pradeshhttp://www.aponline.gov.in
17
Punjab School Education Boardhttp://www.pseb.ac.in


Sources: http://schooledn.puducherry.gov.in

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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