The right to education is taking a beating in the States,some of which are yet to ratify the model guidelines (rules of the act)proposed by the Union government. The human resource development ministry hadcome up with the Model Rules, 2009, of the right to education Act aiming tohave a near-uniform universal education law. These rules provided a broadframework which the States could use to tailor the RTE provisions according tothe local contexts. But the national commission for protection of child rights(NCPCR) says that the States are violating this framework in theirimplementation of RTE.
A circular issued by the Gujarat secondary and highersecondary education board on May 14, 2012, sent to all school principals in theState, talks about a retest for the students who have failed in the Standard 8examinations. It reads “to save one year of those students who have failed inclass 8, it has been decided that every school should retest students in thefirst week of July”. Those who clear the retest will be promoted to the nextclass and if a student fails the retest he/she will have to repeat the class.The circular states that this instruction will have to be implemented strictly.This is in clear violation of the provision for uninhibited elevation ofstudents from standard 1 to 8 without any detention resulting from the failureto clear a test. The NCPCR cited a case in which a child had to sit for retestdespite the clear instructions on promotion to a higher class.
The RTE Act lists what each stakeholder is supposed to dobut many schools follow State government circulars with instructions that arein violation of the provisions of the Act instead of following the Act itself.
The NCPCR also highlighted a case where a school in thenational capital conducted an entrance test for children from unrecognisedprivate schools. When the commission intervened the school said that the ruleslaid down by the Delhi Schools Education Act, 1973, support its actions. One ofthe rules of this Act says that if a seat is available in a class to which anadmission is sought, the head of the school, in consultation with the zonaleducation officer, shall arrange for a test to determine the suitability of thestudents seeking the admission and the admission will be granted if thestudent(s) passes the test.
“It is really difficult to make some schools understand thatthe RTE act over-rules any other education act and that they must follow it,”says Ajay Kumar, project coordinator-complaints, RTE division, NCPCR.
He says unaided public schools find out ways to not toimplement the right to the fullest.
“There was this case in Maharashtra where a woman soughtadmission for her child under the EWS category in many public schools, but theyrefused to give admission on grounds that they do not have vacant seats. Thereis no way to ascertain this, neither can we file an RTI query to find out thetruth,” he says.
Kumar says that earlier, whenever the division received acomplaint, it used to write a letter to the concerned principal and gave them30 day time to answer it. But, even after two-three reminders, the principalsnever acted on the complaint. It has now started calling the principalsimmediately after it receives any complaint, before formally registering itwith the commission.
“The public schools are not keen to implement the act. Veryfew schools actually comply with the rules of the RTE act,” he says.
He recalls case of violation from West Bengal. Thegovernment there has dispensed with tuition fees in all government-run andnon-government, aided schools from class one to XII well before the enactmentof the RTE Act 2009. But the government schools are collecting Rs 20 everymonth (Rs 240 annually) from each student in the name of the developmentcharges though parents unable to bear the expense are "exempted".
Kumar says it is difficult to access the circulars from thestates or there education boards unless a complaint is filed.
“There is a possibility that many other States too areviolating the law,” he adds.
The right to free and compulsory education (RTE) came intoeffect on April 1, 2010. This Act makes free education a fundamental right ofevery child between the ages of 6 and 14 in the country. But it is yet to beimplemented fully in any State in India.
Ashok Agarwal, a senior high court lawyer and civil rightsactivists who has been visiting many States to create awareness about the act,says in most States RTE rules are contrary to the model rules. In Maharashtra,he says, reimbursement for the children, seeking admission under the provisionof section 12 of the RTE act with respect to the 25% reservation of seats foreconomically poor children in unaided non-minority public schools, admitted inthe pre-school shall be admissible when such child is admitted in class 1.“They will not reimburse if the child is admitted in a pre-school. So, evenwhen the schools have vacancy they are not admitting children at the entrylevel. It is the violation of the central act,” he says.
He adds that the Andhra Pradesh state rules say thatchildren can approach unaided non-minority public schools for admission under25% reservations only when a government school rejects the application of thechild. “This way they have completely change the definition given by the centreact,” says Ashok Agarwal.
Also, many States like Rajasthan, Andhra Pradesh, Keralahave divided the 25 percent seats among the children belonging to SC, ST, OBC,Disabled and EWS category. “Every child has equal right to get the seat, itshould not be divided. Delhi has a lottery system where every child gets equalchance.”
Agarwal says many State rules have flaws which can bechanged only when someone challenges it. “The authorities have still notunderstood the RTE act. People will have to fight for it. We conduct workshopsto create awareness among people. Only Kerala’s rules are close to theperfect,” he added.
