RESERVATION IN PRIVATE SCHOOLS AS PER RTE : SOME REFLECTIONS

ISSN: 2230-7850 Impact Factor : 3.1560(UIF) Volume - 5 Issue - 12 Jan - 2016 Joyti Sehrawat RESERVATION IN PRIVATE SCHOOLS AS PER RTE : SOME REFLECTIONS Joyti Sehrawat Research Scholar, B.P.S. Mahila Vishwavidyalaya ABSTRACT The Right to Education Act (RTE) came into action on 1st April, 2010 has made free and compulsory education a fundamental right of every child in the age group of 6 to 14 years. As per Section 12(1) of the Act, each school is to admit children belonging to EWS from within its neighborhood.. This particular provision deals the issue of Quality of Education, Choice of School in Education system etc in the forefront. Opportunity to thousand children will inculcate the aspirations among million more parents to demand similar opportunities of Quality Education and Choice of School for their children. This provision of the act has the capability to bring about a reform in the present Education system which has been ignoring the underprivileged children of the society. This provision of the act requires deeper scrutiny on their nuances and the manner in which they are to be implemented: How will eligible children be selected in the schools under this reservation policy? How will all private schools be reimbursed for their expenditure? What additional provisions exist under this rule of the RTE Act for children falling in these categories? The present paper discusses the status of its implementation so far. It also discusses the issues and concerns in the fair, effective and transparent implementation of 25% reservation policy in private schools as per RTE act. KEYWORDS: Right to Education act, Quality Education, Elementary Education INTRODUCTION We could not imagine stepping inside the school but now my daughter goes there every day to 1

study and speak english like they do on TV Hariram, a rickshaw puller. All thanks goes to Right to Education Act (RTE) that children of Rikshaw puller, Autorikshaw driver, vegetable seller etc who could never imagined to enter the gate of Private English Medium schools (which are practically meant for children from rich and affluent parents ), Now are proud students of these schools. Right to Education Act, 2009 has not only given opportunity to children from economically weaker section and disadvantaged group to study in those private schools by reserving 25% of the seats for them, but sets a new way towards ensuring access and choice to Quality schooling for these underprivileged and marginalized children. This provision deals the issue of Quality Education, Choice of School and role of Private school system in the present Education system. This provision of the act has the power to bring about a reform in the present Education system which has been ignoring the underprivileged group of the society. Education gives individual freedom, empowerment and wisdom, which creates significant societal developmental changes and makes an individual self-reliant. Education is therefore being viewed as a fundamental right across the globe and essential for the human development. All individuals are entitled to education. Elementary education is the foundation for all levels of learning and development. It empowers and enables children with analytical abilities, builds confidence and prepares them with determination to achieve goal-setting competencies. Therefore, Elementary Education plays a crucial role in the overall development of the country. Right to Education Act 2009 Since Independence, India has been undertaking several initiatives to achieve universalization of elementary education. The Right to Education legislation in India has evolved from a directive principle to a fundamental right in our constitution. In 1950, the Constitution articulated its commitment to education through its Directive Principles of State Policy. The 86th Constitutional Amendment followed by many discussions, which made education a fundamental right for children of 6 14 years. The Act was first introduced in Rajya Sabha in December 2008. It was passed in the Lok Sabha on 4 August 2009 and the President gave his assent on 26 August 2009. The Act finally came into force on 1 April 2010 as a fundamental right in India. Salient features of the RTE Act-2009. The salient features of the Right of Children for Free and Compulsory Education act (RTE) are - Free and compulsory education to be given to all the children in the age group of 6 to 14 years. No child shall be stopped, expelled, or required to pass any board examination until the completion of elementary education; A child above the age of six years and has not been conceded in any school or conceded but rather could not finish basic training, then, he or she should be conceded in a class suitable to his or her age; in that case the child has a right to receive special training in order to be at the par of other children. Further that child so admitted to elementary education shall be entitled to free education till completion of elementary education even after fourteen years of age. Proof of age for admission: For the purposes of admission in a elementary education schools. 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, 1856 or on the basis of such other document, as may be prescribed. No child shall be denied for admission in a school in absence of a proof of age. 2

A child who completes elementary education shall be awarded a certificate of completion; Fixed student-teacher ratio; Will apply to all of India except Jammu and Kashmir; Provides 25 percent reservation for economically disadvantaged sections in admission to Class I in all the private schools; It also mandates improvement in quality of education; School teachers will need the professional degree within five years or else will lose job; School infrastructure (where there is problem) and other facilities to be improved in three years, else their recognition cancelled; Financial burden of education will be shared between state and central government Although the Right to free and compulsory Education Act, passed in 2009, mandates that private schools shall provide 25% of admissions to low-income, underprivileged and disabled students, implementation of this law has not been as smooth as its acceptance. In fact, it also gives acceptance to the growing disparity between the government and private school systems in India. While the provision is egalitarian in outlook and has many potential benefits, it faces various challenges in its implementation. Those opposed to this provision believe that most of the under-privileged children admitted to private schools lack previous English medium education. This requires teachers to devote special attention to them, which slows down completion of the course. In fact, some feel that children from under-privileged backgrounds may not be able to survive the competitive environment of some private schools. Furthermore, some school authorities are apprehensive that children from sharply varying socio-economic classes may not mix appropriately. RTE Act: Challenged in court Some controversies raised over Section 12(1)(c) and (2) of the Act, which require private and unaided schools to provide admission to least 25% of students from SCs, STs, low-income and other disadvantaged or weaker groups. The Act stated that these private schools shall be reimbursed for either their tuition charge or the per-student expenditure which is there in government schools or whichever is lower. After the RTE Act was notified on April 1, 2010, a written petition was filed by the Society for Unaided Private Schools of Rajasthan challenging the constitutional validity of this provision of the act on the ground that it infringed on their right to run educational institutions without interference of the government. On April 12, 2012, the Supreme Court made an landmark judgement upheld the constitutional validity of this provision in the Right to Education Act, 2009 that makes it mandatory for all schools (government and private) except only private and unaided minority schools to reserve 25% of their seats for children belonging to weaker section and disadvantaged group. Reservation in Private schools as per RTE The Section 3(1) of RTE act provides that every child of 6 to 14 years of age shall have a right to get free and compulsory education in a neighbourhood school till completion of his/her elementary education. If it is an unaided school which is not receiving any kind of aid or grant from the government or the local authority, is obliged to admit children belonging to weaker section and disadvantaged group in Class I with minimum 25% of the total strength of that class, and provide free and compulsory education till the completion of elementary education. As per this provision of RTE, if the School is providing pre-school education, the same provision would apply there. As per the RTE act section 12(2) 3

the unaided schools which have not received any grant, land, building, equipment or other facilities, either free of cost or at concessional rate, would be entitled for reimbursement of the expenditure incurred by it to the extent of per child expenditure incurred by the State, or the actual amount charged from the child, whichever is less, in such manner as may be prescribed. Such reimbursement shall not exceed per child expenditure incurred by a school established, owned or controlled by the appropriate government or a local authority (MHRD, 2010). So, all the government schools should provide free admission to all children.and all UNAIDED AND AIDED private schools and those schools in SPECIFIED CATEGORY (such as the Kendriya Vidyalayas, Navodyayas, Sainik Schools etc) must provide free education to at least 25 percent of the students at entry level. And, linguistic and religious minority educational institutions are EXEMPTED from this provision of the Act. According to the Supreme Court directive, the Central Government guideline on 13th July 2012 notes that the 25 percent reservation policy does not apply to boarding or residential schools, which admit students only after Class1. In such boarding or residential schools, which have class 1, the 25 percent reservation will only applies to day scholars. The principle behind 25% reservation is to promote social integration and inclusion. A school can be perfect setting where existing inequalities in society can be bridged if the school encourages students to integrate socially, emotionally and academically. Major Issues & Concerns For the effective implementation of this act, deeper scrutiny is required on their nuances and the manner in which this provision is to be implemented. Questions like How will eligible children be selected? How will private schools be reimbursed from the government for their expenditure? What additional provisions exist under the RTE Act for children falling in these categories? It is viewed that through this social inequalities will be addressed just by admitting children from disadvantaged sections of society into private schools. In today s world, where there is so much consumerism, this will put an additional burden on such children and their families. Therefore, making reservations will not help unless the larger issue of social inclusion is addressed. 25% quota only in neighborhood private schools: The poor and disadvantaged neighborhoods such as slums are probably to have lesser number of private schools. So, the neighborhood restriction may limit the access and choice of schools for disadvantaged students. Sufficiency of Reimbursement: Under this act, the per child expenditure in schools for the purpose of reimbursement with respect to the 25% quota has been defined as per the act is the total annual recurring expenditure of the government schools divided by the total number of students enrolled in such schools. This amount may not be enough to cover the per student expense of some of the private schools. The whole idea of reimbursement of expenses to private schools is a case of poor economics. If the government is unable to meet the expenses from where will it generate additional resources to reimburse the private schools. Prof. Praveen Jha, JNU 4

Since the Government has limited resources, reimbursing expenses to private schools may affect the expense of government schools. So, it can be made voluntary for private schools to reserve the seats for children belonging to disadvantaged sections of society. Lack of awareness among the Parents Only 4% EWS parents aware of reservation under RTE Act: Study The report was released at Delhi state-wide conference on the Right to Education Act by Indus Action an NGO working towards implementation of Section 12(1)(C) clause of the RTE Act with support from Central Square Foundation. The Indian Express Written by New Delhi Posted: April 26, 2014 Role of Schools in Effective Implementation According to this rule, the private schools must ensure that children (from disadvantaged sections) should not be segregated from the other children in the same classrooms nor their classes be held at different places or at different timings from other children. These rules further clarifies that the private schools should ensure that children admitted in private schools under this quota should not be discriminated from the other children in any way pertaining to entitlements or facilities such as text books, uniforms, sports, library, laboratories and ICT facilities and extra-curricular activities or other facilities. EWS girl slapped, then suspended from school Dec 4, 2014, The Timers of India Schools have their own set of worries after enforcing this law. According to them such a reservation may change classroom dynamics socially, culturally, linguistically and economically. They would need to pay extra attention to those students HC issues notice to 16 private schools on implementing RTE Press Trust of India Ahmedabad, December 9, 2014 When an underprivileged child studies in a big school with peers who are financially better than them, it might lead to negative feelings and the child might feel let down, Vandana Lulla, director, principal of Podar International School, Santa Cruz.( dna india) Needs of Effective State Rules The above discussed are the model rules enacted by the Centre but the challenge is to ensure that all the states come out with effective rules to implement this provision of RTE in their at the ground level. UP fares poorly in RTE report card HT Correspondent, Hindustan Times, Lucknow Updated: Jan 21, 2015 Uttar Pradesh is the biggest violator of the Right to Education (RTE). With more than six lakh seats reserved for children of economically weaker sections (EWS) as per the provisions of the Act, the state has only allowed admissions to around 60 children. While the number of such seats is the highest in the country, UP s performance is the worst when compared to other states, say activists. 5

Fear of other Parents Attitudes survey of primary school stakeholders in Delhi revealed that 43 percent of the parents of fee paying students feared that their children might pick up bad habits such as abusing and fighting from the aided students. Teachers also fear that the learning in the classroom may slow down as a consequence of this provision. ( Indus Action society) That means this clause should not allow the government to undertake its responsibility to provide not only free and compulsory but also quality education to all the children from age of 6-14 years. More than 80 per cent of the children who are still studying in government schools in India whose quality of education has often been a great matter of concern. Under this provision, there is one more issue to think about is that apart from tuition fees, which other expenses will be free, children studying in private schools need to pay fees for a range of other activities and items throughout the year. Who will going to pay for them? In addition to this, What will a child do after completion of elementary education? The government will not pay after the child turns age of 14. In this condition, the child would either take admission in any Government school or drop out of schooling altogether. Are we really ready with a solution for this problem of dropouts? Model for Effective Implementation For the effective implementation of this 25% seats rule in private schools, there is a need to ensure a fair and transparent selection process, a transparent payment mechanism and a transparent monitoring and evaluation system. Centre for Civil Society, Delhi (2013) have devised a process for implementation for this provision, as follows: Figure : Recommended stages for implementation of 25% reservation in unaided private schools, section 12 of RTE Act.( centre for civil society,2013) CONCLUSION The main principle behind 25% reservation is to promote social integration and inclusion. A 6

school can be a perfect setting where existing inequalities of the society can be bridged if the school encourages children from all the sections to integrate academically, psychologically, emotionally and socially. This can be the most debated aspect of the RTE Act and there are strong views expressed in favor of and against reservation of seats for students from disadvantaged communities. So the government has to initiate a strict and effective monitoring and Execution system in order to implement the 25 per cent reservation in all private schools for children from economically and socially weaker sections. The private schools, State and the civil society have to come together to join hands for bringing social inclusion in the society. REFERENCES 1. Analysis by CCS of Model Rules under RTE, http://righttoeducation in/analysis-ccs-model-rulesunder-rte 2. Centre for Civil Society (2013) Status of Implementation of 25% reservation in Private Schools for underprivileged Children as per the RTE Act :Case Study of Ranchi, Jharkhand research report to Asia Centre for Enterprise (Centre for Civil Society, New Delhi) 3. Ernst & Young (2012), Right to education:role of private sector E&Y pvt ltd. 4. MHRD. (2010, April 1). Right of chilldren to free and compulsory education act, 2009. Right of chilldren to free and compulsory education act, 2009. New Delhi, India: Government of India. 5. Right to Education, Dow Jones International News, 4 June 2011, via Dow Jones Factiva, Dow Jones 6. S. Mittal and P. Shah (2013), Reservation in Private Schools: Model for Implementation Centre for Civil Society, Delhi. 7. http://www.indusaction.org/ 8. http://www.cry.org 9. http://indianexpress.com 10. http://www.prsindia.org/ 11. http://indiatoday.intoday.in/ 12. http://www.dnaindia.com/ 13. http://www.ey.com/publication/vwluassets/ey-right-to-education/$file/ey-right-toeducation.pdf 14. http://www.ey.com/in/en/newsroom/news-releases/press-release_ernst-and-young- Right-to- Education 15. http://www.irosss.org/ojs/index.php/ijaess/article/download/283/95 1 6. http://www.academia.edu/9042221/salient_aspects_of_right_to_education_act_and_sensitizatio n_of_teachers 7