Supreme Court Issues Directions To Effectively Implement 25% RTE Quota In Pvt Schools, Directs States To Frame Rules

The Supreme Court issued a slew of directions for the effective implementation of Section 12(1)(c) of the Right to Free and Compulsory Education Act, 2009 (RTE Act), which mandates that private unaided schools must admit 25% of their strength from students belonging to economically weaker sections for free education.The Court observed that the concept of "neighbourhood schools" are envisaged to break barriers of class, caste and gender.A bench comprising Justice PS Narasimha and Justice AS Chandurkar pronounced the judgment, underscoring that the effective implementation of Section 12 of the RTE Act can truly be transformative."The obligation of a “neighbourhood school” to admit children belonging to weaker and disadvantaged sections of our society, to the extent of twenty- five percent of the class strength, under Section 12 of the Right of Children to Free and Compulsory Education Act, 20091 has the extraordinary capacity to transform the social structure of our society. Earnest implementation can truly be transformative. It is not only a step towards educating young India, but also a substantive measure in securing the preambular objective of 'equality of status'," the judgment authored by Justice Narasimha observed.It impleaded the National Commission for Protection of Child Rights (NCPCR) as Section 31 of the RTE Act allows the NCPCR to monitor the implementation of the RTE Act. The NCPCR already has a Standard of Procedure (SoP) in this regard.States directed to frame rulesHowever, the Court noted that there is a requirement for subordinate legislation in this field and therefore directed the appropriate authorities to prepare and issue, in consultation with the NCPCR and the State Commission for Protection of Child Rights, as well as the National and State Advisory Council, necessary rules and regulations under Section 38 of the RTE Act. "Uncertainty about the obligation to comply with the requirements would also make judicial review complicated. We are of the opinion that it is necessary and compelling to formulate subordinate legislation by issuing necessary rules and regulations, prescribing the method and manner by which children of weaker and disadvantaged sections are to be admitted in neighbourhood schools. Without such enforceable rules and regulations, the object of Article 21A and the statutory policy under Section 12(1)(c) would be a dead letter."The NCPCR is required to collate information about the issuance of rules and regulations by the appropriate governments and file affidavit before March 31.The Court also considered the directions which are joint suggestions made by the amicus curiae Senior Advocate Senthil Jagadeeshan and Additional Solicitor General Aishwarya Bhati in this matter. Issues and suggestions(i) Implementation of Section 12 by the States/UTs and providing online portal for admission: Presently, all States and Union Territories have neither implemented the mandate of Section 12, nor established a portal dedicated to ensuring a transparent admission process.(ii) Language: It is suggested that all States and Union Territories should provide information in at least three languages – two being the official languages (Hindi and English) and the third being the local language of the area concerned.(iii) Information and assistance: Information regarding the admission process has to be made available to parents and guardians.(iv) Transparency: Schools should be directed to publish the number of available seats for children belonging to disadvantages groups and weaker sections much in advance and before the application stage commences.(v) Establishment of help-desks and pro-active assistance during the application stage: Either the designated school staff, the District Education Officer, the Block Officer, the Block Committee Office or the Jan Sewa Kendras must set up help-desks to assist parents for completing the application process. (vi) Window for clearance of defects: Instead of simpliciter rejection of a defective application, a defect clearance window should be established with an assistant to clear mistakes.(vii) Complaints: A redressal mechanism for complaints by parents/guardians should be set up and the grievances must be resolved within strict timelines.(viii) Transparency in denial of admissions: Denial of admissions should be recorded and uploaded with reasons and the same should be reviewed by the Block Education Officer within 72 hours.(ix) Training: Training must be imparted to prevent discrimination of children belonging to disadvantaged groups and weaker sections. The NCPCR's SoP is divided into three stages: preparatory; proceeding application, selection and admission; and procedure after completion of admission.First stage:(i) Finalization of seats: The schools should be given 20 working days to submit the requisite data of the declared strength for purpose of Section 12(1)(c).(ii) Advertisement: Appropriate Government and local authority should advertise...

Supreme Court Issues Directions To Effectively Implement 25% RTE Quota In Pvt Schools, Directs States To Frame Rules

Gursimran Kaur Bakshi

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