WORKSHOP REPORT
TITLE- “International Understanding on Diversity in Higher Educational Institutions with special focus on Teacher Training Programmer”
DATED- March 20, 2010
A National Workshop was organized by the Department of Education, University of Delhi on March 20, 2010. The theme of the conference was “International Understanding on Diversity in Higher Educational Institutions with special focus on Teacher Training Programmer.” Representatives of various institutions/organizations form across the country graced the occasion by their presence, deliberated on its related issues and created a rich learning environment for all. The excerpts of the workshop in the form of report are as follows.
MR. ASHOK AGGARWAL:
The speaker shared the legal aspects of his latest probe into the affairs of a MCD School, situated on Tilak Lane violating the RTE Act its ramifications with the audience which is as follows:
Till about 2 years ago, the school authorities admitted children from the surrounding areas including, Mata Sunderi and Minto Roads. However, after the delimitation of certain parliamentary constituencies, the NDMC made a policy preventing new admissions from the above mentioned areas. Their contention was that after the delimitation the area the school is situated in is no longer in the same constituency; therefore, admissions will not be given to the children residing in Mata Sunderi and Minto Roads respectively, even though these areas are within 3 kms of the school premises.
Interestingly, the children of NDMC employees residing in other areas
were allowed admission.
Hence, the eminent speaker has filed a petition in the High Court on behalf of the aggrieved parties against the neighborhood school student admission system, denying the parents the right to choose a suitable school for their children, even if they reside 50 or/to 100 km away from the school as envisaged in the RTE Act. Unless Government is prepared to uphold education of similar value and satisfactory value for all, it should be allowed to impose or force parents to get admission for their children to this school, especially in view of the dismal standard of education in MCD Schools.
The dichotomy that arises in this case is, that on one hand the parents have the right to choose a school for their children and on the other through the Rte Act, the government under its neighborhood schools system makes it mandatory for the parents to send their children to MCD School, even through there is no education, as compared to private schools.
Another issue that the speaker raised was that of ‘late free charges’. All schools in Delhi charge late free, Rs.10/- or 20/- or more depending on their whims and fancies. Interestingly, according to the Delhi Government Law, the late free is 5 paisa per day. Therefore, the schools are overcharging. But when the constitution allows for ‘free education’, then why the fee or the late fees at all?
The Speaker had earlier informed the press, when fighting on behalf of a
parent who asked for a refund of the fine amount of Rs.600. According to Mr.
Agarwal, if the fine amount is 5 paisa per day, then the parent was liable to pay
Rs.2.80 to the school and not Rs.600/- that was actually charged from him.
There is a provision in the Act under the late fee that the fine may be excused in
unavoidable circumstance.
The speaker drew the attention of the audience to the dichotomies
existent in the law and the RTE Act. He said if education is free according to the
Constitution, then why fees / late fee is being asked for from the parents and to
top it, in case of a delay in payment, there is a penalty on it.
The High Court in its judgment in this particular case instructed the
school to charge 5 paisa per day as late fee penalty from the parent and also
instructed Delhi Government to look into the issue of the fee penalty.
Yet important issue raised by him was that of the ‘quarterly fee payments’. The speaker had filed a petition in the High Court against this system of fee collection by schools. Some parents requested the schools to collect it on a monthly basis. When they sent a cheque, the school returned it, saying it was a month’s payment and not for the entire quarter.
The High Court observed that there is a provision in the law for the monthly payment of fees. Teachers’ salary in not paid quarterly; it is monthly. The High Court, therefore, gave directions to the school that they shall not force the parents to pay fees on a quarterly basis, and hence be allowed to pay on a monthly basis.
Then he deliberated on the issue of ‘fee hike’. The speaker foresees a major crisis in the wake of an 8 percent increase in the D.A. allowance as the fees will be hiked once again. Earlier too there were countrywide agitations against fee hike, with parents coming out on the streets, to voice their protest. The first PIL against fee hike in the High Court was filed in 1997 by Mr. Ashok Agarwal himself. The speaker elaborated citing law which says that there should be no commercialization of education, but it is rampantly being done.
Initially at the time of admission, the parents feel that the fee is affordable but with subsequent fee hikes, they are unable to afford the same. In such circumstances they are forced to withdraw their ward from private school and admit him into government school which imparts the child in myriad ways as he / she is unable to adjust to entirely new circumstances then.
The speaker advocates active involvement of the parents to fight against exploitation by private schools. He urged the parents to take out little time from their daily routine and try to work for improving the lot of the government schools, for the ultimate salvation of schools and children alike. This is the only ultimate solution.
The speaker cited different articles like Article 14, 21, 21A, 38 that talk of equality, social equality and so on. Mr. Agarwal apprised the audience of the ‘discriminated differentiation’ between the schools the government has created. There are about 35 to 40 different layers of schools: Sainik Schools. Pratishtha Vidyalayas, Navodaya and so on. These schools are listed as special category schools in the RTE Act and therefore are excluded from its implementation. So every child cannot ask for and be granted admission in these schools as a matter of their right.
Interestingly, Kedriya Vidyalayas get about Rs.11000/- per student grant as opposed Rs.800/- per student in a government school. Astonishingly, the RTE Act notifies and validates such acts of discrimination. Thus, the RTE Act is sanctioning discrimination and the government is notifying it.
All these issues are of serious and immediate nature which leads to other problems at a later stage in higher education. Due to differing socio-economic status of the population, about 30% to 40% students are forced to take education in the government schools.
Thus, it is imperative that we look into the commercialization aspect of education and exploitation of the child as we collectively work towards building an equitable society.
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