RTE Act, 2009 discourages govt employees to send their wards to unaided schools - SJ writes to GOI to enforce S 8(a) & 9(a) of RTE Act, 2009

SOCIAL JURIST
A Civil Rights Group

To, 03.11.2010
The Secretary,
Govt. of India,
Ministry of Personnel, Public Grievances and Pensions,
Shastri Bhawan, New Delhi-110001


Sub:- Enforce Sections 8(a) and 9(a) of RTE Act, 2009 prohibiting govt. employees to claim reimbursement of school fees at elementary level

Dear Sir,

I invite your kind attention to Sections 8(a) and 9(a) of Right of Children to Free and Compulsory Education Act, 2009 (RTE, Act 2009) which are reproduced as under:-

“8. Duties of appropriate Government.- The appropriate Government shall –
(a) provide free and compulsory elementary education to every child:

Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or a local authority, such child or his or her parents or guardian, as the case may be, shall not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of the child in such other school.

9. Duties of local authority.- Every local authority shall-
(a) Provide free and compulsory elementary education to every child.
Provided that where a child is admitted by his or her parents or guardian, as the case may be, in a school other than a school established, owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government or a local authority, such child or his or her parents or guardian, as the case may be shall not be entitled to make a claim for reimbursement of expenditure incurred on elementary education of the child in such other school;”

You are well aware of the fact that the RTE Act, 2009 has come into force w.e.f. 01.04.2010. My understanding of the aforementioned provisions of the RTE Act, 2009 is that the parents or guardians, as case may be, w.e.f. 01.04.2010 are not entitled to claim re-imbursement of expenditure incurred by them on elementary education of their wards studying in unaided private schools. It would obviously include parents or guardians employed with Govt., Semi-Govt., Govt. Undertakings, Universities and Govt. Autonomous Institutions, etc. and sending their wards to the unaided private schools. The objective of the aforementioned provisions appears to discourage the government employees to send their wards to unaided private schools.

It has come to my notice that the employees employed with above said institutions and organizations and sending their wards to unaided private schools have been submitting their claims to the departments for re-imbursement of expenditure incurred by them on their wards studying in such schools and such claims are being sanctioned by the departments. It is submitted that such claims of the employees are in violation of the aforementioned provisions of the RTE Act, 2009.

You are, therefore, requested to kindly examine this matter and do the needful with intimation to the undersigned.

With regards,


Ashok Agarwal, Advocate
Advisor, Social Jurist
M-09811101923