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Firdaus (Proprietor)     26 February 2018

What comprises "unrecognised classes" ?

Section 18 of the RTE Act, 2009 makes it mandatory for all schools (even the existing schools) to apply afresh for issuance of a "Certificate of Recognition.

Attached to this query is a picture of page 3 of "Certificate of Recognition" which would be issued afresh to all the schools operating in Gujarat State. This "Certificate of Recognition" mentions various "Terms and Conditions" which schools will have to abide by, failing which, the recognition could be withdrawn.

No. 11 of the "Terms and Conditions" states, "No unrecognized classes shall be run within the premises of the school or outside in the same name of school."

Ground reality is as under :

(1) Recognition is to be mandatorily obtained by an institution who desires to run classes from Std1 to Std-12.

(2) Preschool classes do not still fall within the ambit of the Education Laws in our country.

(3) Most recognised schools also run Preschool classes. Although most recognised schools who run their Preschool classes, run them from the premises of their recognised school, such Preschool classes are NOT run in the name of the school but in the name of a separate entity (proprietorship or partnership,etc.) owned in the name of trustees. Income of such Preschool goes directly to the personal benefit of such Trustees and is not accounted for in the books of the school trust.

Bearing the aforementioned ground realities in mind, my queries are as under :

(1) Would running of Preschool classes amount to running "unrecognised classes" ?

(2) Which is the appropriate govt. authority from whom clarification regarding this can be sought as neither the RTE Act nor the Gujarat State RTE Rules provide a definition of what comprises "unrecognised classes".



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