Delhi Government Admission Guidelines for admission in SVs violate RTE Act, 2009 - SJ writes to DOE

SOCIAL JURIST
13.03.2012

To

The Director of Education,
Govt. of NCT of Delhi,
Old Secretariat Building,
Civil Lines,
Delhi-110054

Sub: Delhi Government Admission Guidelines for admission in SVs violate RTE Act, 2009

Dear Sir,

Your attention is invited to the Guidelines having been issued by you on 27.02.2012 for admission in Pre-primary/Class-I in Sarvodaya Vidyalayas whereby you have made reservation of seats as follows:-

(a) 15% seats for scheduled caste candidates
(b) 7.5% seats for scheduled tribe candidates
(c) 3% seats for physically handicapped (to be duly certified by Government hospital)
(d) 2% for the wards of the employees of the Directorate of Education (1% for the wards of ministerial staff and 1% for teacher’s wards)

It is submitted that the afore-mentioned reservation of seats having been done by you is impermissible under the provisions of Right of Children to Free & Compulsory Education Act, 2009 (RTE Act, 2009).

Your aforesaid circular has raised the following issues:-

(i) What are the exceptions to the Right of every child to seek admission in neighbourhood schools?

(ii) When every child has a right to education in the neighbhourhood schools, then where is the scope for reservation for SC/ST/PH and wards of Teachers/Ministerial Staff of DOE?

(iii) Why reservation is limited to SC/ST/PH and wards of Teachers and Ministerial Staff and does not cover OBC, children belonging to disadvantaged group and children belonging to economically weaker sections?




It is submitted that Section 3 of RTE Act, 2009 provides right to every children of 6 to 14 years to free and compulsory education in neighbourhood schools till the completion of elementary education.

It appears that your department while issuing the aforesaid circular dated 27.02.2012 has failed to look into the provisions of RTE Act, 2009. In my humble submission, when every child has a right to admission in its neighbourhood school, then there is no scope for reservation for SC/ST/PH and wards of Teachers/Ministerial Staff of DOE etc.. Moreover, by way of granting such kind of reservation, you are adopting the ‘screening procedure’ which is not only prohibited under the RTE Act, 2009 but also constitutes an offence punishable with fine.

You are therefore, requested to consider the following:-

(i) consider all children for admission in pre-primacy/Class-I in Sarvodaya Vidyalayas without any discrimination based on caste, class, creed and religion or place of birth, etc. and no child should be denied admission;

(ii) issue a modified Circular in light of the above suggestion.


With regards,



(ASHOK AGARWAL)
Advocate
Advisor – Social Jurist
(M) 9811101923