right to education

THE RIGHT OF CHILDREN THE RIGHT OF CHILDREN

TO FREE AND TO FREE AND

COMPULSORY EDUCATION COMPULSORY EDUCATION

ACT – 2009ACT – 2009

It is one of the 3 flagship programs of UPA It is one of the 3 flagship programs of UPA govt.govt.

1.1. MGNREGAMGNREGA

2.2. RIGHT TO INFORMATION ACTRIGHT TO INFORMATION ACT

(These 2 were enacted during it its first (These 2 were enacted during it its first term term

(2004 – 09))(2004 – 09))

3.3. RIGHT OF CHILDREN TO FREE & RIGHT OF CHILDREN TO FREE &

COMPULSORY EDUCATION ACT (2009-10)COMPULSORY EDUCATION ACT (2009-10)

PART 1 – PART 1 – Right to Education as a Human RightRight to Education as a Human Right

PART 11 – Right to Education as a PART 11 – Right to Education as a Fundamental Right Fundamental Right

PART 111 – Right of Children for Free & PART 111 – Right of Children for Free & Compulsory Education Act Compulsory Education Act

PART 1V – RTE Model rulesPART 1V – RTE Model rules

PART V – PART V – Comments / Consequences Comments / Consequences

/Implications/Implications

of the Act for Minoritiesof the Act for Minorities

PreamblePreamble The Right of Children to Free & compulsory Education Act (RTE) is

a welfare legislation. It is meant to benefit about 1 crore non school going children. Cost envisaged is enormous: Centre & States will share the financial

burden in the ratio 55:45 It will bring the pupil – teacher ratio to 30:1 5.1 lakh teachers are required. So good scope for trained teachers/ B. Ed students. Every one seems to have jumped at the idea of RTE Act without

realizing its implications. India has joined a group of few countries in the world with making

education a fundamental right of every child. In that sense it is historic.

The act is meant to help children from economically weaker section as well as children with disabilities.

The hope was that the act would help improve government schools and would not do any harm to the private schools. But it has turned out to be the other way.

Right to Education as a Human Right

PART - IPART - I

Right to EducationRight to Education

As a As a

Human RightHuman Right

PART - IIPART - II

Education Education

is a is a

Fundamental Fundamental RightRight

What are Fundamental Rights ?What are Fundamental Rights ?

Fundamental Rights are rights which are inherent Fundamental Rights are rights which are inherent in a human being. They are natural rights. These in a human being. They are natural rights. These rights are regarded fundamental because they rights are regarded fundamental because they are most essential for the attainment of the full are most essential for the attainment of the full growth, development and potential of a human growth, development and potential of a human being.being.

The framers of the Indian Constitution, drawing The framers of the Indian Constitution, drawing inspiration from the “Bill of Rights” of America, inspiration from the “Bill of Rights” of America, incorporated a full chapter of these rights in Part incorporated a full chapter of these rights in Part III of the Constitution. These Fundamental Rights III of the Constitution. These Fundamental Rights listed in our constitution represent the basic listed in our constitution represent the basic values cherished by the people of this country.values cherished by the people of this country.

Education As A Fundamental Right 8

Article 46Article 46 – –

The State shall promote with special care the educational and The State shall promote with special care the educational and economic interests of the weaker sections of the people and, economic interests of the weaker sections of the people and, in particular, of the SCs and STs and shall protect them from in particular, of the SCs and STs and shall protect them from social injustice and all forms of exploitation.social injustice and all forms of exploitation.

Article 29Article 29 – –

No citizen shall be denied admission into any educational No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language State funds on grounds only of religion, race, caste, language or any of them.or any of them.

Equality of opportunity is a basic feature of the Constitution Equality of opportunity is a basic feature of the Constitution and has been interpreted to include equality of education and has been interpreted to include equality of education which means equality of access to education and equality of which means equality of access to education and equality of educational facilities.educational facilities.

All these factors contributed and finally All these factors contributed and finally gave birth to this new act – gave birth to this new act –

Right of Children to Free and Compulsory Right of Children to Free and Compulsory Education Act, 2009.Education Act, 2009.

PART – IIIPART – III

Right to EducationRight to Education

Act – 2009Act – 2009

Right to Education Act – 2009Right to Education Act – 2009

Objectives:Objectives:

To provide for free and compulsory To provide for free and compulsory education to all children of the age 6 to education to all children of the age 6 to 14 years.14 years.

Emphasis is on children belonging to Emphasis is on children belonging to disadvantaged group.disadvantaged group.

Definitions: Definitions: Section 2Section 2

i)i) Govt. SchoolsGovt. Schools

ii)ii) Aided schoolsAided schools

iii)iii) School belonging to specified categories:School belonging to specified categories:

(Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik School etc.)(Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik School etc.)

iv)iv) Unaided schoolsUnaided schools

Sec. 2Sec. 2 (d)(d) “Child belonging to disadvantaged group” “Child belonging to disadvantaged group”

22 (e) “ (e) “Child belonging to weaker section”Child belonging to weaker section”

22 (f) “ (f) “Elementary Education”Elementary Education”

22 (h) (h) “Local Authority” “Local Authority”

22 (n) “ (n) “School - 4 categories of schools”School - 4 categories of schools”

Sec. 3Sec. 3 – –

Right of child to free and compulsory Right of child to free and compulsory education in a neighbourhood school till education in a neighbourhood school till Completion of elementary education. Completion of elementary education.

““Compulsory education means obligation of Compulsory education means obligation of the state to provide free elementary education the state to provide free elementary education to every child of the age 6-14 years”to every child of the age 6-14 years”

Sec. 4Sec. 4 – –

Special provisions for children not admitted Special provisions for children not admitted to, or who have not completed, elementary to, or who have not completed, elementary education. Such children are to be directly education. Such children are to be directly admitted in a class appropriate to his or her admitted in a class appropriate to his or her age and in order to be at par with others, age and in order to be at par with others, have a right to receive special training and have a right to receive special training and shall be entitled to free education till shall be entitled to free education till completion of elementary education even completion of elementary education even after 14 years.after 14 years.

Sec. 9Sec. 9 – –

Describes the duties of the local authority.Describes the duties of the local authority.

Sec.10 Sec.10 ––

Describes the duty of parents & guardian to Describes the duty of parents & guardian to admit his or her child/ward in the admit his or her child/ward in the neighbourhood school for elementary neighbourhood school for elementary education.education.

Sec. 11Sec. 11 – –

States the duty of the appropriate States the duty of the appropriate government to provide for pre-school government to provide for pre-school educationeducation

Sec. 12Sec. 12 – –

Extent of school’s responsibility: Extent of school’s responsibility:

(1) to admit children belonging to weaker sections (1) to admit children belonging to weaker sections and disadvantaged group in the ‘neighbourhood’ and disadvantaged group in the ‘neighbourhood’ in Class I at least upto 25% of the strength of the in Class I at least upto 25% of the strength of the class. class.

(2) an unaided school will be reimbursed expenditure (2) an unaided school will be reimbursed expenditure incurred by it to the extent of per child incurred by it to the extent of per child expenditure incurred by the State or the actual expenditure incurred by the State or the actual amount charged from the child, whichever is less. amount charged from the child, whichever is less. Reimbursement shall not exceed per child Reimbursement shall not exceed per child expenditure incurred by a govt. school. expenditure incurred by a govt. school.

(3) every school shall provide such information as (3) every school shall provide such information as may be required by the govt. or local authority.may be required by the govt. or local authority.

Sec. 13Sec. 13 – –

No capitation fee to be charged. (The All India No capitation fee to be charged. (The All India Catholic Education Policy, 2007 also deplores any Catholic Education Policy, 2007 also deplores any attempt to commercialize education and acceptance attempt to commercialize education and acceptance of capitation fee). of capitation fee).

No screening either of the child or of the parents for No screening either of the child or of the parents for admission.admission.

Sec. 14Sec. 14 – –

Age of the child is to be determined on the basis of Age of the child is to be determined on the basis of the birth certificate issued in accordance with the the birth certificate issued in accordance with the provisions of the Births, Deaths and Marriage provisions of the Births, Deaths and Marriage Registration Act, 1886 or Hospital register record or Registration Act, 1886 or Hospital register record or Anganwadi record or even an Affidavit. No child shall Anganwadi record or even an Affidavit. No child shall be denied admission in a school for lack of age proof.be denied admission in a school for lack of age proof.

Sec. 15Sec. 15 – –

No denial of admission even if the child does No denial of admission even if the child does not turn up at the commencement of the not turn up at the commencement of the academic year.academic year.

Sec. 16Sec. 16 – –

No child once admitted, can be held back or No child once admitted, can be held back or expelled till the completion of elementary expelled till the completion of elementary education.education.

Sec. 17Sec. 17 – –

No child shall be subjected to physical No child shall be subjected to physical punishment or mental harassment.punishment or mental harassment.

Sec. 18Sec. 18 – –

No school to be established without No school to be established without obtaining certificate of recognition.obtaining certificate of recognition.

Sec. 19Sec. 19 – –

Schools to fulfill all the norms and standards Schools to fulfill all the norms and standards specified in the schedule.specified in the schedule.

Sec. 20Sec. 20 – –

Power of the Govt. to amend the schedulePower of the Govt. to amend the schedule

a)a) The elected representatives of the local authority, The elected representatives of the local authority, parents/guardians and teachers, parents/guardians and teachers,

b)b) At least ¾ of members shall be parents/guardians, At least ¾ of members shall be parents/guardians,

c)c) Proportionate representation should be given to the Proportionate representation should be given to the parents/guardians of children belonging to disadvantaged parents/guardians of children belonging to disadvantaged group and weaker section, group and weaker section,

d)d) 50% members shall be women. 50% members shall be women.

Sec. 21Sec. 21 – –

Every school should constitute a School Management Every school should constitute a School Management Committee (SMC) consisting of:Committee (SMC) consisting of:

a)a) Monitor the working of the school, Monitor the working of the school, b)b) Prepare and recommend school development plan, Prepare and recommend school development plan, c)c) Monitor the utilization of the grants received from the Monitor the utilization of the grants received from the

govt., govt., d)d) Perform other functions as may be prescribed.Perform other functions as may be prescribed.

Functions of the SMC. The SMC shallFunctions of the SMC. The SMC shall

Sec. 22Sec. 22 – –

Preparation of School Development Plan by the Preparation of School Development Plan by the SMC.SMC.

Sec. 23Sec. 23 – –

States that the qualification for appointment and States that the qualification for appointment and terms and conditions of service of teachers shall terms and conditions of service of teachers shall be as laid down by the academic authority be as laid down by the academic authority authorized by the Govt.authorized by the Govt.

Sec. 24Sec. 24 – –

Duties of teachers. Teachers shall maintain Duties of teachers. Teachers shall maintain regularity & punctuality, complete the curriculum, regularity & punctuality, complete the curriculum, hold regular meetings with parents/guardians, etc. hold regular meetings with parents/guardians, etc.

Sec. 25Sec. 25 – –

Pupil-Teacher Ratio as specified in the schedule is to be Pupil-Teacher Ratio as specified in the schedule is to be maintained, i.e., Classes I-V 30:1. Above 200 children maintained, i.e., Classes I-V 30:1. Above 200 children

P-T ratio shall not exceed 40. Classes V-VIII 1:35, but at P-T ratio shall not exceed 40. Classes V-VIII 1:35, but at least one teacher per class.least one teacher per class.

Sec. 26Sec. 26 – –

Filling up of vacancies of teachers.Filling up of vacancies of teachers.

Sec. 27Sec. 27 – –

Prohibition of deployment of teachers for non-Prohibition of deployment of teachers for non-educational purposes other than decennial population educational purposes other than decennial population census, disaster relief duties and for election duties. census, disaster relief duties and for election duties.

Sec. 28Sec. 28 – –

No private tuition by teachers.No private tuition by teachers.

Sec. 29Sec. 29 – –

(1) Curriculum and evaluation procedure for elementary (1) Curriculum and evaluation procedure for elementary education shall be laid down by academic authority to be education shall be laid down by academic authority to be specified by the appropriate government, specified by the appropriate government,

(2) (f) medium of instruction shall, as far as practicable, be in (2) (f) medium of instruction shall, as far as practicable, be in child’schild’s

mother tongue, mother tongue,

(2) (h) comprehensive and continuous evaluation of child’s (2) (h) comprehensive and continuous evaluation of child’s understanding etc.understanding etc.

Sec. 30Sec. 30 – –

1)1) No child shall be required to pass any board exam till No child shall be required to pass any board exam till completion of elementary education,completion of elementary education,

2)2) Every child completing elementary education shall be Every child completing elementary education shall be awarded a certificate.awarded a certificate.

Sec. 31Sec. 31 – –

The National Commission or the State Commission for The National Commission or the State Commission for Protection of Child Rights constituted under the Protection of Child Rights constituted under the Commission of Protection of Child Rights Act, 2005, Commission of Protection of Child Rights Act, 2005, shall in addition to the functions assigned to it, shall in addition to the functions assigned to it, monitor, enquire into complaints relating to child’s monitor, enquire into complaints relating to child’s right to free and compulsory education and/or function right to free and compulsory education and/or function as Appellate Authority above the local authority as Appellate Authority above the local authority (Sec. (Sec. 32)32) . .

Sec. 33Sec. 33 – –

Speaks of a National Advisory Council.Speaks of a National Advisory Council.

Sec. 34Sec. 34 – –

Speaks of the State Advisory council and their Speaks of the State Advisory council and their functions.functions.

Sec. 35Sec. 35 – –

The appropriate government may issue guidelines The appropriate government may issue guidelines and give directions to the local authority or to the and give directions to the local authority or to the School Managing Committee.School Managing Committee.

Sec. 36Sec. 36 – –

No prosecution for offences without previous No prosecution for offences without previous sanction of the appropriate authority.sanction of the appropriate authority.

Sec. 37Sec. 37 – –

No suit or legal proceeding shall lie against action No suit or legal proceeding shall lie against action taken in good faith.taken in good faith.

Sec. 38Sec. 38 – –

Appropriate government may make rules for Appropriate government may make rules for carrying out the provisions of this Act.carrying out the provisions of this Act.

ScheduleSchedule1.1. Teacher-Pupil Ratio:Teacher-Pupil Ratio:

I-V – I-V – upto 120 students – 1:30upto 120 students – 1:30 upto 120-200 students – 1:40 (+ H.M.)upto 120-200 students – 1:40 (+ H.M.) more than 200 students – 1:40 (+ H.M.)more than 200 students – 1:40 (+ H.M.)

VI-VIII – 1:35VI-VIII – 1:35

Full Time – Science and Mathematics, Full Time – Science and Mathematics, Social Social Studies, LanguageStudies, Language

Part Time – Art Education, Health & Part Time – Art Education, Health & Physical Physical Education, Work Education, Work EducationEducation

2. 2. Building :Building :

: all weather building, : all weather building,

: separate toilets for boys & : separate toilets for boys &

girlsgirls

: safe and adequate drinking : safe and adequate drinking

waterwater

: kitchen for MDM: kitchen for MDM

: playground: playground

: secured by boundary wall: secured by boundary wall

3. 3. Minimum working DaysMinimum working Days – –

I-V = 200I-V = 200

VI-VIII = 220VI-VIII = 220

Instructional HoursInstructional Hours – –

I-V = 800I-V = 800

I-VIII = 1000I-VIII = 1000

4. Minimum Working Hours per week 4. Minimum Working Hours per week for teachersfor teachers – –

45 (including preparation hours).45 (including preparation hours).

5. Provide5. Provide – –

- Teaching-Learning Equipment- Teaching-Learning Equipment

- Library - Library

- Games & Sports and other play - Games & Sports and other play materials.materials.

PART IVPART IV

Model Rules Model Rules

under the Right of Children under the Right of Children to to

Free & Compulsory Education Free & Compulsory Education Act 2009Act 2009

Key Points:Key Points:

1) The area or limits of neighborhood :1) The area or limits of neighborhood :

Classes I – V – within walking distance of 1 km.Classes I – V – within walking distance of 1 km. Classes VI – VIII – within walking distance of 3 kms.Classes VI – VIII – within walking distance of 3 kms.

2) Where no school exists within the area or limits 2) Where no school exists within the area or limits specified, government has to make provision for specified, government has to make provision for free transportation, residential facilities and other free transportation, residential facilities and other facilities.facilities.

3) In areas with high population density, the State 3) In areas with high population density, the State may establish more than one neighbourhood may establish more than one neighbourhood school.school.

4) The State has to make appropriate and safe 4) The State has to make appropriate and safe transportation arrangements for children with transportation arrangements for children with disabilities.disabilities.

5) The State to ensure that access of children to 5) The State to ensure that access of children to the school is not hindered on account of social the school is not hindered on account of social and cultural factors.and cultural factors.

6) The responsibility of providing free entitlement 6) The responsibility of providing free entitlement (text books, writing materials and uniforms, (text books, writing materials and uniforms, special support materials for children with special support materials for children with disabilities, etc) shall be of the school in case disabilities, etc) shall be of the school in case of school belonging to specified category and of school belonging to specified category and unaided schools.unaided schools.

7) The local authority shall maintain a record of all 7) The local authority shall maintain a record of all children in its jurisdiction through household children in its jurisdiction through household survey from their birth till they attain 14 years. survey from their birth till they attain 14 years. The record has to be updated each year.The record has to be updated each year.

8) Per child expenditure is defined and calculated 8) Per child expenditure is defined and calculated as the total annual recurring expenditure as the total annual recurring expenditure incurred by the State divided by the total incurred by the State divided by the total number of children enrolled in all such schools. number of children enrolled in all such schools. (Govt. aided schools are not considered as (Govt. aided schools are not considered as govt. schools in this regard.)govt. schools in this regard.)

9) Every school receiving reimbursement from the 9) Every school receiving reimbursement from the government should maintain separate bank government should maintain separate bank account.account.

10) Every non-government school existing before the 10) Every non-government school existing before the commencement of the Act has to make a self commencement of the Act has to make a self declaration within 3 months in Form No. I to the declaration within 3 months in Form No. I to the concerned DEO regarding its compliance or concerned DEO regarding its compliance or otherwise for its recognition. Schools which do otherwise for its recognition. Schools which do not conform to the norms, standards and not conform to the norms, standards and conditions after 3 years from the commencement conditions after 3 years from the commencement of the Act shall cease to function.of the Act shall cease to function.

Compliance include:Compliance include:

(1) The school is open to inspection by any officer (1) The school is open to inspection by any officer appointed by the appropriate authority, appointed by the appropriate authority,

(2) The school undertakes to furnish reports and (2) The school undertakes to furnish reports and information as may be required by the DEO information as may be required by the DEO from time to time, etc.from time to time, etc.

11) Every non-government school established 11) Every non-government school established after the Act came into force has to after the Act came into force has to conform to the norms, standards and conform to the norms, standards and conditions stated in order to qualify for conditions stated in order to qualify for recognition.recognition.

12) Every school, other than an unaided 12) Every school, other than an unaided school, should constitute a School school, should constitute a School Management Committee (SMC).Management Committee (SMC).

75% from parents/guardians75% from parents/guardians Of the remaining 25%:Of the remaining 25%:

1/3 members from amongst elected members of the local 1/3 members from amongst elected members of the local authorityauthority

1/3members from the teachers of the school to be decided 1/3members from the teachers of the school to be decided by the teachersby the teachers

Remaining 1/3 from amongst local educationists/children in Remaining 1/3 from amongst local educationists/children in the school to be decided by the parents in the committeethe school to be decided by the parents in the committee

The SMC shall elect a Chairperson and Vice-Chairperson The SMC shall elect a Chairperson and Vice-Chairperson from among the parent members.from among the parent members.

The Head Teacher/Senior most teacher of the school shall The Head Teacher/Senior most teacher of the school shall be the ex-officio member – convener.be the ex-officio member – convener.

The SMC is to meet at least once a month and maintain The SMC is to meet at least once a month and maintain minutes and decisions of the meetings.minutes and decisions of the meetings.

Prepare a 3 year school development plan.Prepare a 3 year school development plan.

Composition of School Management Committee Composition of School Management Committee (SMC) :(SMC) :

13) 13) An Academic Authority (the SCERT) to lay down An Academic Authority (the SCERT) to lay down minimum academic qualifications for persons minimum academic qualifications for persons eligible for appointment as a teacher.eligible for appointment as a teacher.

14) 14) The SMC shall be the first level of grievance The SMC shall be the first level of grievance redressal of teachers.redressal of teachers.

15)15) The State government should constitute The State government should constitute Schools Tribunals at the State, District and Schools Tribunals at the State, District and Block levels for grievance redressal.Block levels for grievance redressal.

16) 16) Where the State Commission for Protection of Where the State Commission for Protection of Child Rights does not exist, the State Child Rights does not exist, the State government shall appoint an interim authority - government shall appoint an interim authority - Right to Education Protection Authority (REPA).Right to Education Protection Authority (REPA).

PART VPART V

Comments/Consequences/Comments/Consequences/ImplicationsImplications

of the Act for Minoritiesof the Act for Minorities

Comments / Consequences /ImplicationsComments / Consequences /Implications of the Act for Minorities of the Act for Minorities

Enforcement of the Fundamental Rights is the duty of the Enforcement of the Fundamental Rights is the duty of the

state. Now the state is enforcing it on others including the state. Now the state is enforcing it on others including the

minorities.minorities.

RTE Act threatens to take away the rights granted and RTE Act threatens to take away the rights granted and

guaranteed to the minorities under the constitutionguaranteed to the minorities under the constitution

RTE Act does not mention the word ‘minority’ at all anywhere RTE Act does not mention the word ‘minority’ at all anywhere

in the act.in the act.

Will RTEA negate/black out the Art.30? Writs are already filed Will RTEA negate/black out the Art.30? Writs are already filed

and pending in the S.C.and pending in the S.C.

25% seats to be reserved for disadvantaged groups. How do 25% seats to be reserved for disadvantaged groups. How do

you identify “children belonging to disadvantaged group”? you identify “children belonging to disadvantaged group”?

What happens if more than 25% come for admission?What happens if more than 25% come for admission?

Comments / Consequence / Implications of the Act for Minorities

Under the act, compulsory education starts at the Under the act, compulsory education starts at the age of 6. Normally our schools admit children in age of 6. Normally our schools admit children in UKG or LKG depending on the age. So in our UKG or LKG depending on the age. So in our schools admission will have to be from Pre-school.schools admission will have to be from Pre-school.

Where a child is directly admitted in a class Where a child is directly admitted in a class appropriate to his/her age, he/she has a right to appropriate to his/her age, he/she has a right to receive special training to be at par with others. receive special training to be at par with others. How do you do that?How do you do that?

Regarding age proof even an affidavit will suffice. Regarding age proof even an affidavit will suffice. Now, can you insist on hospital certificate or Now, can you insist on hospital certificate or baptism certificate?baptism certificate?

No test or interview for admission. So what are No test or interview for admission. So what are the consequences? How will you reconcile this?the consequences? How will you reconcile this?


Government will prescribe a common syllabus. What Government will prescribe a common syllabus. What happens to your school syllabus?happens to your school syllabus?

The school has to provide entitlements (books, The school has to provide entitlements (books, uniforms even transportation) to the 25% uniforms even transportation) to the 25% disadvantaged students. disadvantaged students.

The government is supposed to provide books for The government is supposed to provide books for them but will not match with the text books you are them but will not match with the text books you are using? Moreover, the books from govt. quota hardly using? Moreover, the books from govt. quota hardly come in time. So what’s the solution? National come in time. So what’s the solution? National curriculum?curriculum?

There is provision for MDM for the disadvantaged There is provision for MDM for the disadvantaged children. How are you going to handle that?children. How are you going to handle that?

Government will reimburse all the expenses as per its Government will reimburse all the expenses as per its norms. The school has to maintain a separate bank norms. The school has to maintain a separate bank account for the amount received.account for the amount received.


No child is to be detained up to class 8. On No child is to be detained up to class 8. On completion of class 8 a child is to be given a completion of class 8 a child is to be given a certificate stating that s/he has completed the certificate stating that s/he has completed the course.course.

No physical punishment or mental No physical punishment or mental harassment of the child while in schoolharassment of the child while in school. . (“Spare the rod and spoil the child” ??)(“Spare the rod and spoil the child” ??)

No disciplinary action ; no expulsion of No disciplinary action ; no expulsion of students is possible.students is possible.

School buildings cannot be used for non-School buildings cannot be used for non-educational purpose. What does it mean?educational purpose. What does it mean?


Every school, Every school, other than an unaided schoolother than an unaided school (exempted (exempted under Model Rule 13), must have a School Managing under Model Rule 13), must have a School Managing Committee (SMC).Committee (SMC).

75% of the members must be parents/guardians of the 75% of the members must be parents/guardians of the children. Remaining from local representatives of the children. Remaining from local representatives of the people, teachers representatives etc. 50 % are to be people, teachers representatives etc. 50 % are to be women.women.

Prima facie it appears that only one person, namely the Prima facie it appears that only one person, namely the School Head can represent the management. Doesn’t it School Head can represent the management. Doesn’t it violate the minority right under Art. 30? violate the minority right under Art. 30?

What happens to the existing Governing Board? With What happens to the existing Governing Board? With this the virtual control of the school will be with the SMC. this the virtual control of the school will be with the SMC.

Are they qualified, competent to carry out these Are they qualified, competent to carry out these responsibilities including financial affairs such as school responsibilities including financial affairs such as school development plan, annual accounts of receipts and development plan, annual accounts of receipts and payments etc.? payments etc.?

Isn’t it a simple conversion of the existing VEC (Village Isn’t it a simple conversion of the existing VEC (Village Education Committee) concept in villages under SSA to Education Committee) concept in villages under SSA to all schools? all schools?


No school can be established without obtaining No school can be established without obtaining certificate of registration.certificate of registration.

Existing schools, too, have to obtain Existing schools, too, have to obtain registration.registration.

Recognition once granted can also be Recognition once granted can also be withdrawn on condition of non fulfillment of withdrawn on condition of non fulfillment of norms, standards, conditions etc. Hence there norms, standards, conditions etc. Hence there will always loom large the fear and threat of will always loom large the fear and threat of de-recognition under some pretext or other.de-recognition under some pretext or other.

No tuitions are allowed. Can our schools tighten No tuitions are allowed. Can our schools tighten the noose on our teachers in this regard?the noose on our teachers in this regard?


Doesn’t the idea of admitting children to the Doesn’t the idea of admitting children to the ‘neighborhood school’ take away the freedom of ‘neighborhood school’ take away the freedom of parents/guardians to choose the school of their parents/guardians to choose the school of their choice?. Will the govt. servants, politicians etc. do choice?. Will the govt. servants, politicians etc. do the same? the same?

No prosecution of any offence under the act without No prosecution of any offence under the act without previous sanction of an authorized officer. That previous sanction of an authorized officer. That seems to give a ray of hope.seems to give a ray of hope.

The school has to furnish such reports and The school has to furnish such reports and information as may be required by the DEO information as may be required by the DEO including copy of the audited report. The school is including copy of the audited report. The school is also open to inspection by any officer appointed by also open to inspection by any officer appointed by the govt. or local authority. This can be used as a the govt. or local authority. This can be used as a sword of Damocles. It’s a clear and blatant violation sword of Damocles. It’s a clear and blatant violation of Fundamental Right of Minorities.of Fundamental Right of Minorities.

The EndThe End

Thank You !Thank You !