SOCIAL JURIST
A Civil Rights Group
Dated: 07.04.2010
To,
The Director of Education
Govt. of NCT of Delhi,
Old Secretariat Building
Civil Line, Delhi-110054
Sub Dear Sir,
We have the honor to bring to your kind notice a case of violation of the Right of Children to Free and Compulsory Education Act, 2009 where a child was subjected to a test and later was not given admission in Air Force Senior Secondary School, OWC, Race Course Road, Delhi- 110003
It is submitted that Sh. Manveer Bhati R/o F-1947, Neta Ji Nagar, New Delhi wanted to get his son Jeetu Bhati admitted in Class VI to the said school and bought the admission form. The school charged Rs. 30/- for the said form. We understand that the said school being a Govt. aided school and is not entitled to charge money for admission form.
It is submitted that on 03.04.2010 the admission test was held and on 07.04.2010 the said school displayed the list of students selected for admission in which the name of Jeetu Bhati was missing. On being asked the reason for the same, the school authorities said that the reason for not selecting students cannot be made public. It is submitted that the said list of students contained the names of only 21 students even though many seats still remain vacant. It is submitted that in one class there is a vacancy of 40 seats and thus the school should be compelled to fill up the seats.
The above mentioned case raises a number of points in which the school is violative of the provisions of the Right to Free and Compulsory Education, 2009.
It is submitted that the above reproduced procedure for admission through admission test with regard to admission of students in classes VI by Air Force Senior Secondary School is prohibited by Section.13 of The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, 2009). It is further submitted that under Clause (b) of Sub-Section (2) of Section.13 of the RTE Act, 2009 such screening procedure is an offence punishable with fine which may extend to twenty five thousand rupees for the first contravention and fifty thousand rupees for each subsequent contravention.
Your kind attention is invited to the abovementioned provisions of Section.13 of the RTE Act, 2009 which are reproduced as under:
“Section 13 (1) No school or person shall, while admitting a child, collect any capitation fee and subject the child or his or her parents or guardian to any screening procedure.
(2) Any school or person, if in contravention of the provision of sub-section (1),-
(a) receives capitation fee, shall be punishable with fine which may extend to ten times the capitation fee charged;
(b) subjects a child to screening procedure, shall be punishable with fine which may extend to twenty-five thousand rupees for the first contravention and fifty thousand rupees for each subsequent contraventions.”
Your kind attention is also invited to Section 2(o) of the RTE Act, 2009 which is reproduced as under:
Section 2(o) “screening procedure” means the method of selection for admission of a child, in preference over another, other than a random method;
From the reading of the aforementioned provisions of the RTE Act, 2009, it is abundantly clear that no school can subject a student to any screening procedure (which includes admission test) for his/her admission from class I to VIII.
It is further submitted that the school has been charging Rs. 30/- per admission form from thousands of applicants. According to the provisions of the Government Order dated 15.12.1998 and also 11.02.2009, such fee cannot exceed Rs. 25/-. A copy of one such Receipt of Rs. 30/- is being attached with this letter.
It is requested that action be taken against Air Force Senior Secondary School for conducting admission test (screening procedure) for admission of students to class VI. It is further requested that strict action must be taken against the said school for charging more than the prescribed amount for Admission Form. It is submitted that by doing the same the school is not only violating the provisions of the Government Order but also engaging in commercial activities.
It is also requested that the said school be directed to give admission to Jeetu Bhati S/o Manvir Bhati in the said school in class Vi in the academic year 2010-2011.
With regards,
Ashok Agarwal, Advocate
Advisor, Social Jurist
M- 9811101923
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