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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     04 January 2011

CITY SCHOOLS ARE DRAGGING THEIRFEET ON THE RTE ACT

THE implementation of the landmark legislation to provide free and compulsory education to all children in the 6- 14 years age bracket from the coming academic session has become a tough task for the administration in Chandigarh — a Union Territory. . Though the new law makes it obligatory on the part of state governments and local bodies to ensure that every child gets education in a school, several private institutes in Chandigarh have expressed their disagreement with the draft rules formulated by the administration for the implementation of the Act.

 

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

 

The law aims at enrolling children who have either dropped out from schools or have never been to any educational institution at all.

 

The Chandigarh Administration is in the process of implementing the RTE Act. The authorities had sought suggestions from private schools for formulating rules specific to the Union Territory. But the schools did not come forward with any concrete inputs.

 

The private schools claim that there is confusion about the implementation of the norms and the Union Human Resource Development Ministry needs to clarify certain issues.

 

Social activists allege that privately managed institutes want to delay the implementation of the Act in Chandigarh since they would not be able to charge capitation fees or collect donations. Moreover, they would not be in a position to refuse any child’s application for admission. They would be bound to hold a draw of lots for admission. Some schools would also lose their “ elite” tag as there would be no differentiation between the rich and poor aspirants for admission.

 

The city has private institutions which get up to 90 per cent of their grants from the government. Another category comprising special schools gets one hundred per cent aid from the government. Also, there are independent schools which do not get any government funding on a continuous basis.

 

But the schools in each of these categories have got land from the government at highly subsidised rates. The administration has made it a pre- condition that the institutions getting land at a subsidised price must admit 5 to 15 per cent students from Economically Weaker Sections ( EWS). A recent survey by an NGO highlighted that no school enrolls the stipulated number of students under this category though they are under an obligation to fulfill the terms of land allotment to them.

 

Some schools which enroll students under the EWS category hold separate sessions to teach these children but count them among regular students to claim benefits.

 

The legislation makes provisions for the reimbursement of fees against admission to children belonging to underprivileged sections. But in Chandigarh, the schools are already under the obligation to impart education to 15 per cent students as a condition of their land allotment. They would be entitled to reimbursement against 10 per cent students only. Furthermore, each school would have to furnish the details of the expenditure on the education of every child.

 

This would bring their accounts in the public glare. They would also have to provide an undertaking along with audited account statements that they have been running the institutions on a no- profit basis.

 

A few institutions in Chandigarh claim that that the RTE does not apply to them since they are managed by minority communities. Social activists say that they got land and tax concessions since they are minority institutions. They should not be refusing to disseminate education on the pretext of being minorities.

 

Meanwhile, the administration says it would ensure that the Act is implemented before the next session.



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