RTE Act, 2009 violated in the matter of admission to the Children in pre-primary classes in the academic year 2012-13

SOCIAL JURIST
19th March, 2012

1. Smt. Shiela Dikshit,
Hon’ble Chief Minister,
Govt. of NCT of Delhi,
Delhi Secretariat, I.P. Estate,
New Delhi-110002.

2. The Commissioner,
Municipal Corporation of Delhi,
4th Floor, S.P.M. Civic Centre;
Minto Road,
New Delhi-110 002.

Sub: - RTE Act, 2009 violated in the matter of admission to the
Children in pre-primary classes in the academic year 2012-13

Dear Madam/Sir,

You are well aware of the fact that after enactment of Right of Children to Free & Compulsory Education Act, 2009 (RTE Act, 2009), you are obliged to provide 2 years’ pre-primary classes in your schools in order to provide education to all the children above 3 years of age. Such provisions have not yet been made resulting in depriving the children of 3+ age of their right to education as guaranteed to them under the Constitution read with the provisions of RTE Act, 2009.

2. That presently some of the schools run by the Govt. of NCT of Delhi and MCD have a provision of pre-primary classes where children of 4+ age are admitted. It is submitted that due to inadequate and insufficient provisions for admission of 4+ age children in pre-primary classes in Government and MCD run schools, only a small number of children of 4+ age are given admission and rest of the large number of children of this age are denied admission.

3. As a matter of illustration, it is pointed out that each of Sarvodaya Vidyalayas having pre- primary classes run by the Delhi Government have received applications more than double of the seats earmarked for admission of 4+ age children in pre-primary classes. It was the situation of 17th March, 2012 which was declared as the last date of receiving applications for admission of 4+ age children in pre-primary classes in Sarvodaya Vidyalayas. In terms of the date schedule, a draw of lot will take place on 22nd March, 2012 and only limited number of children would be given admission and all the rest would be denied.

4. Your attention is invited to Section 3 read with Section 11 of RTE Act, 2009 in terms of which every child has a right of admission in the neighbourhood school. When every child has a right of admission in the school run by you, where is a question of holding draw of lots for such admissions? The draws of lots pre-suppose that only limited number of students would be admitted and the rest would be denied. Such an action/inaction on your part would be in total violation of fundamental right to education as guaranteed to every children under Article 14 (Right to Equality), Article 21 (Right to live with dignity), Article 21A (Right to Good Quality and Elementary Education) and Article 38 (Right to Social Justice) of the Constitution of India read with the provisions of RTE Act, 2009.

You are, therefore, requested to kindly look into the present matter on urgent basis and ensure that not only the admissions are given to all children of 4+ age who have already applied but also to all other children who are 4+ age and have not so far applied..

With regards,

Ashok Agarwal, Advocate
Advisor- Social Jurist
M- 9811101923