SOCIAL JURIST
Dated: 02.04.2010
To,
1. Hon’ble Mrs. Sheila Dikshit,
Chief Minister of Delhi,
Secretariat, I. P. Estate,
New Delhi-110002
2. The Director of Education
Govt. of NCT of Delhi,
Old Secretariat Building
Civil Lines, Delhi-110054
Sub:
Delhi Government violates RTE Act, 2009 by subjecting children to screening procedure for admission to Class VI in Rajkiya Pratibha Vikas Vidyalayas in the academic year 2010-2011
Dear Madam/Sir,
We have the honor to invite your kind attention to the admission notice issued by the Directorate of Education, Govt. of NCT of Delhi that appeared in all the leading newspapers dated 28.03.2010 and is also available at DOE website http://edudel.nic.in/new_circulars/rpvv_form_dt_29032010.html regarding admission of students to class VI in all Rajkiya Pratibha Vikas Vidyalayas run by DOE. The said admission notice invites students for admission in class VI in these schools through ENTRANCE TEST which will consist of objective type questions to test numerical ability, mental ability, general knowledge and language comprehension and the selection will be done on the merit of candidate. It is also interesting that the cost of the application form has been levied at Rs. 25/- which is also hit by the provisions of RTE Act, 2009.
It is submitted that the above procedure for admission through entrance test for admission of students in class VI in these schools 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 attention is invited to the 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 mere 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 in classes I to VIII.
It is also submitted that the provisions of the much lauded RTE Act, 2009 have come into effect from April 1, 2010 and are, therefore, applicable to the admission of students in the academic year 2010-2011. It is submitted that the aforementioned procedure of admission to students in class VI in these schools as mentioned in the admission notice dated 28.03.2010 is in clear contravention of the provisions of Section.13 of RTE Act, 2009.
It is, therefore, requested that the aforementioned admission notice be withdrawn and another admission notice in conformity with the provisions of the RTE Act, 2009 should be published. It is also requested that your decision on the subject be intimated to the undersigned within three days of the receipt of this representation, failing which, we shall be constrained to file a Public Interest Litigation in the Hon’ble Delhi High Court questioning the validity of your aforesaid admission notice at your risk and costs.
With regards,
Ashok Agarwal, Advocate
Advisor, Social Jurist
M- 9811101923
Dated: 02.04.2010
To,
1. Hon’ble Mrs. Sheila Dikshit,
Chief Minister of Delhi,
Secretariat, I. P. Estate,
New Delhi-110002
2. The Director of Education
Govt. of NCT of Delhi,
Old Secretariat Building
Civil Lines, Delhi-110054
Sub:
Delhi Government violates RTE Act, 2009 by subjecting children to screening procedure for admission to Class VI in Rajkiya Pratibha Vikas Vidyalayas in the academic year 2010-2011
Dear Madam/Sir,
We have the honor to invite your kind attention to the admission notice issued by the Directorate of Education, Govt. of NCT of Delhi that appeared in all the leading newspapers dated 28.03.2010 and is also available at DOE website http://edudel.nic.in/new_circulars/rpvv_form_dt_29032010.html regarding admission of students to class VI in all Rajkiya Pratibha Vikas Vidyalayas run by DOE. The said admission notice invites students for admission in class VI in these schools through ENTRANCE TEST which will consist of objective type questions to test numerical ability, mental ability, general knowledge and language comprehension and the selection will be done on the merit of candidate. It is also interesting that the cost of the application form has been levied at Rs. 25/- which is also hit by the provisions of RTE Act, 2009.
It is submitted that the above procedure for admission through entrance test for admission of students in class VI in these schools 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 attention is invited to the 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 mere 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 in classes I to VIII.
It is also submitted that the provisions of the much lauded RTE Act, 2009 have come into effect from April 1, 2010 and are, therefore, applicable to the admission of students in the academic year 2010-2011. It is submitted that the aforementioned procedure of admission to students in class VI in these schools as mentioned in the admission notice dated 28.03.2010 is in clear contravention of the provisions of Section.13 of RTE Act, 2009.
It is, therefore, requested that the aforementioned admission notice be withdrawn and another admission notice in conformity with the provisions of the RTE Act, 2009 should be published. It is also requested that your decision on the subject be intimated to the undersigned within three days of the receipt of this representation, failing which, we shall be constrained to file a Public Interest Litigation in the Hon’ble Delhi High Court questioning the validity of your aforesaid admission notice at your risk and costs.
With regards,
Ashok Agarwal, Advocate
Advisor, Social Jurist
M- 9811101923
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