A SCHOOL CAN NOT FIX UPPER AGE FOR ADMISSION

Article 21-A of the Constitution of India mandates State to provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine. The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, 2009) enacted pursuant to Article 21-A of the Constitution provides that every child of the age of six to fourteen years shall have a right to free and compulsory education in a neighbourhood school till completing the elementary education. If a school is allowed to fix an upper limit for admission of a child in a class at elementary education level, the very object and purpose of both constitutional and statutory right of a child to receive elementary education would be completely defeated.

A Kendriya Vidyalaya (KVS) at Rangpuri, New Delhi has denied admission to Master Aman Kumar Choudhary in Class I on the ground that Aman was seven years one month and two days old as on 31 March 2010 and therefore, overage by one month and two days. The decision is based on the KVS admission policy according to which a minimum and maximum age of a child for admission to class I must be 5 years and 7 years respectively as on 31st March of the year in which admission is sought. Like Master Aman, there must be hundreds of other children also who would have been denied admission to Class I by the KVS schools all over the country on the similar ground. It is unfortunate that the State funded school has deprived children of their right to receive education as guaranteed to them under the Constitution and that too on a flimsy ground.

One can understand the minimum entry age for a child to a formal school system but it is beyond imagination that maximum age limits can be prescribed for the same. The Delhi School Education Act, 1973 prescribes minimum age of admission in Class I as 5 years as on 31st day of March of the year in which admission is being sought but does not prescribe the maximum age limit. The Explanation to Clause 21 of the Recognized Schools (Admission Procedure for Pre-Primary Class) Order, 2007 which are framed under the provisions of Delhi School Education Act, 1973 clearly provides that for the purposes of this clause, the ages stipulated for entry into standard one, pre-primary class and pre-school class are the minimum ages and there is no bar to children older than the ages specified in this clause being given admission to these classes. These provisions of law make it very clear that there is no maximum age limit prescribed in law for admission in class I.

That even RTE Act, 2009 does not prescribe the maximum age for admission in class I. It is submitted that a child in terms of Articles 21 and 21-A of the Constitution of India has a fundamental right to receive education in the school and he can not be deprived of the same except according to the procedure established by law. It is submitted that a child in the age group six to fourteen years has a fundamental right to education and if he is deprived of the said right merely on the ground of over-age by 2 months 1 day, the said action on the part of the school would be arbitrary, irrational and discriminatory and would not stand the test of Articles 21 and 21-A of the Constitution of India. It is also submitted that the minimum age of entry in a formal school system may have some relevance keeping in view the interest of the child but the maximum age for receiving school education must have no relevance or nexus with the object underlying therein. Therefore, it is submitted that the KVS schools are not justified in denying admission to the children on the alleged ground of over-age.

There is another aspect of the matter also. The KVS school being a school under specified category of school under RTE Act, 2009, had some specific criteria which was met by Master Aman. It is submitted that after the coming into effect of the RTE Act, 2009 how can the KVS school say that the child is too old for class one? Those days are over. Now a child admitted over six, but below fourteen years has a right to education in the school in an age appropriate class. The KVS school’s action in denying admission to Master Aman on the ground of overage also tantamount to “screening procedure” which is not only prohibited by Section 13 of the RTE Act, 2009 but also makes it punishable at law.

The KVS policy of admission is irritation, illegal, irrelevant arbitrary, discriminatory, illogical, unreasonable, unfair, anti-child, hit by articles 14 (right to equality), 21 (right to life with dignity), 21-A (right to good quality elementary education) and 38 (right to social justice) of the Constitution of India read with the provisions of Right of Children to Free and Compulsory Education Act, 2009, Delhi School Education Act, 1993, Recognized Schools (Admission Procedure for Pre-Primary Class) Order, 2007 and UN Convention on the Rights of the Child (1989). A school can not legally fix upper age limit for admission of a child in a class at elementary education level and therefore, the Kendriya Vidyalayas Sangathan and all other schools having similar admission policies now need to reframe their admission policies.


(written by Shri Ashok Agarwal, Advocate, M-09811101923, contact at Email: ashokagarwal1952@hotmail.com 17.04.2010)

Air Force Sr. Sec.School violates RTE Act, 2009 by subjecting students to screening procedure for admission to class VI

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

POINTS-BASED NURSERY ADMISSION CRITERIA HIT BY RTE ACT, 2009

POINTS BASED NURSERY ADMISSION CRITERIA VIOLATES THE MANDATE OF THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009 – DELHI GOVT MUST RE-LOOK SUCH CRITERIA

Nursery admissions in unaided recognized private schools in Delhi for the academic session 2010-2011 are practically over before the coming into force of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, 2009) from 01.04.2010. These admissions were regulated by a Delhi Government’s Order namely, “the Recognized Schools (Admission Procedure for Pre-primary Class) Order, 2007” (In short, Nursery Admissions Order, 2007) having been issued under the provisions of Delhi Schools Education Act, 1973 after the intervention of Hon’ble Delhi High Court in a public interest litigation filed by the aggrieved parents challenging the then prevailing nursery admission criteria which included test and interview not only of the 3+ or 4+ years child but also of his/her parents. After coming into force the RTE Act, 2009, the points based nursery admission criteria has come in clear conflict with the provisions of the RTE Act, 2009 and therefore, the Government of Delhi needs to re-frame the same so to bring it in conformity with the provisions of RTE Act, 2009.

The Clause 14 of the Nursery Admissions Order, 2009 is reproduced below:-

“14. The school shall develop and adopt criteria for admission which shall be clear, well defined, equitable, non-discriminatory and unambiguous. The school shall adopt those parameters which are in the best interests of children and are in line with its own philosophy, and these shall include the following:-

(i) Neighbourhood.---- It is in the interest of children that they are provided admission in a school nearest to their residence. The schools shall, therefore, give preference to children living in nearby areas. If the school is satisfied that a good and safe transport is available for a child, then, it may consider giving admission to such a child even if he/she lives at a place quite far off from the school. This is also important as distribution of schools is not uniform in the city.
(ii) Background of the child. – Children from all social and economic backgrounds shall be equally considered for admission. The school shall make a conscious effort to admit children with special needs or from vulnerable backgrounds.
(iii) Sibling – Generally, parent(s) or guardian(s) prefer that their children study in the same school. Therefore, the school may give preference to a child of such parents or guardians.
(iv) Single Parent i.e.divorced/widow/widower/unmarried.-- The school may give preference to admit child of such single parent.
(v) Management Quota.—School may have a management quota which shall not exceed twenty per cent of the total seats available for admission in the class.
(vi) Minority – All minority schools can keep the minority status of the child seeking admission as a criterion.
Schools can also fix additional parameters but are required to stipulate a point system for each criteria/parameter.”

The relevant provisions of Section 2 (o) and Section 13 of the RTE Act, 2009 are reproduced below:-
“Section 2(o) “screening procedure” means the method of selection for admission of a child, in preference over another, other than a random method;

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.”

It is true that the RTE Act, 2009 is primarily for the children in the age group six to fourteen years. However, by implications it also applies to admission of a child in the pre-primary classes (where ever the same exists as a part of an elementary school). It is submitted that Section 13 read with Section 2 (o) of RTE Act, 2009 applies to every school whether aided or unaided or government run or of specified category. It is also submitted that the RTE Act, 2009 being a Central law would prevail over the State laws.

It is submitted that the above ‘points-based procedure’ for admission of students in nursery classes in unaided private schools as contemplated in Clause 14 of the Recognized Schools (Admission Procedure for Pre-primary Class) Order, 2007 tantamount to “screening procedure” and is, therefore, prohibited by Section 13 of The Right of Children to Free and Compulsory Education 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. It is submitted that the Government is certainly entitled to mandate the unaided schools to give preference to the children living within a radius of 5 kilometers of the school. In nutshell, the criteria based on the neighborhood and the draw of lot would be the only valid criteria which shall stand the test of constitutional philosophy of right to equality (Art. 14), right to life with dignity (Art. 21), right to quality elementary education (Art. 21-A) and right to social justice (Art. 38) and also of RTE Act, 2009.

(written by Advocate Ashok Agarwal, contact at ashokagarwal1952@hotmail.com M-09811101923 dated 04.04.2010)

SCREENIG PROCEDURE FOR CLASS VI ADMISSION - DELHI GOVT VIOLATES RTE ACT, 2009

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

IDEAS TO HELP IMPLEMENT RTE

NCERT Committee Says One Body Should Oversee Education

Akshaya Mukul TNN

New Delhi: Road marshals drawn from NCC and NSS to help children cross roads to and from schools, arranging birth certificates for all children in schools and an incentive for children who identify out-of-school kids are some of the big-ticket recommendations by an NCERT appointed committee to develop a framework for implementation of the Right to Education Act in Delhi.

Delhi government has been asked to waive off stamp duty on the affidavit regarding date of birth of the child to be submitted to the school for admission. The committee, said Delhi government, should authorize the head of the school to attest the affidavit.

The committee also recommended that school education in the Capital should be managed by one unified body. As of now, schools in Delhi are managed by MCD, NDMC and Delhi government.

The committee, headed by lawyer-activist Ashok Aggarwal, said the proposed body should also give approval to all proposed academic changes, such as of textbooks, pattern of evaluation, medium of instruction etc. it should also be consulted for closing down any school.

HRD minister Kapil Sibal might have wanted that private schools recognized under the RTE Act be spared of giving government school salaries but the committee has recommended protection of state salaries for teachers in private schools recognized under RTE Act. In exceptional cases, it said, grant-in-aid for payment of salaries of teachers could be considered.

The committee said children can be used to identify children who are for some reason not in school. An incentive of about Rs 50 could be given to children who identify a child to be brought to school. The committee has also asked for establishment of police beats (with woman police constables) at schools for girls to ensure safety and security of students.

The committee said there should be a unified website for all state and state recognized schools in Delhi with report cards and reports of a child’s progress on continuous and comprehensive evaluation supplemented with remarks of the school management committee.

To bring about a big change in the method of recruitment, the committee said the heads of schools need not be appointed by seniority alone. Therefore, it said 75% of school principals be selected through direct recruitment and only 25% through limited departmental examination.

Times of India, New Delhi
Friday, March 05, 2010

PROFILE OF MR. ASHOK AGARWAL, ADVOCATE, 483, BLOCK II, LAWYERS CHAMBERS, DELHI HIGH COURT, NEW DELHI-110003 (INDIA)

Born on 02nd September 1951. Completed law in 1976 and has been practicing in the Supreme Court and the Delhi High Court. Expertise area is service and labour laws. Has appeared before the courts for the workers in thousands of cases. During the last 12 years, besides doing the usual professional work, lot of work has been done for the rights of the children and particularly for the children belonging to the weaker sections of society. Public Interest Litigation has been specifically used as a tool to highlight the socio-legal grievances of the poor and downtrodden. Several articles have been written in the past on the draft right to education bill which has to some extent influenced the framing of the Right of Children to Free and Compulsory Education Act, 2009.


OUTLOOK MAGZINE writes, “Call him the scourge of Delhi's education babus and the owners of upscale private schools. Or, call him an indefatigable fighter for good schooling for the capital's poor and powerless. Lawyer Ashok Agarwal is both. His brahmastra is the PIL: for 10 years now, Social Jurist, the lawyer's collective set up by Agarwal, has forced accountability upon a reluctant system, by successfully moving the courts. It has alerted them to admission irregularities, the abysmal lack of basic amenities, and dereliction of duty by teachers and principals in state-run schools. It has forced checks on extortionate fee hikes by private schools. If children from poor families are now being admitted free to Delhi private schools that took cheap land from the government but reneged on social commitments, and if a three-year-old is no longer subjected to an admission interview, this down-to-earth man of action has a lot to do with it.”
--------------------

FEB 13, 2010 MARCH TO PARLIAMENT FOR PROTECTION OF RIGHT TO EDUCATION OF DISABLED CHILDREN

03.02.2010


MARCH TO PARLIAMENT FOR THE PROTECTION OF RIGHT TO EDUCATION OF OVER TWO CRORES DISABLED CHILDREN ON SATURDAY, FEB 13, 2010 FROM 11.00 AM TO 12.30 PM – JOIN US AT JANTAR MANTAR AT 11.00 AM

Dear Friends,

It is shocking to know that even after 62 years of independence; over 2 crores children with disabilities of this country have totally been denied the right to education. What ever figures are available is the pointer of the fact that only less than one percent of these children with disabilities are in the mainstream school system. It is submitted that the children with disabilities are the worst sufferers as they are massively deprived of all human and fundamental rights. Interestingly, even those children who are in schools do not have basic facilities like special teachers, aids and appliances, reading and learning material, barrier free environment, special toilets, ramps etc. Even premier institution like Kendriya Vidyalaya Sangathan (KVS) have admitted before the Hon’ble Delhi High Court that they do not have any staff to take care of the educational needs of the disabled children studying in their schools. How long the rulers of this country would continue to deny the basic right to education to our children with disabilities?


It is submitted that all children including the children with disabilities have a basic human and fundamental right to receive good quality education in the mainstream schools as guaranteed to them under Article 14 (right to equality), Article 21 (right to life with dignity), Article 21-A (right to education) and Article 38 (right to social justice) of the Constitution of India read with the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Right of Children to Free and Compulsory Education Act, 2009 and UN Convention on the Rights of Persons with Disabilities (2008). It is estimated that about 10 crores children are out of school and are engaged in labour though their right place is in schools. Those children who are in the government school system are receiving very poor quality of education. It is all happening due to the apathy of the governments towards the educational needs of the children of the masses of this country.


In order to highlight the violations of the right to education of the children with disabilities, All India Parents Association (AIPA) is organizing a March to the Parliament on Saturday, February 13, 2010 from 11.00 am to 12.30 pm

DEMANDING FROM THE CENTRAL AND THE STATE GOVERNMENT TO ENSURE THAT :

· No government or private school deny admission to the children with disabilities

· All the schools whether government or private shall provide totally free education to the children with disabilities at all levels

· All schools whether government or private should have all basic facilities like, adequate number of qualified special teachers, aids and appliances, ramps, special toilet, teaching and learning material, barrier free environment etc.

· Availability of basic facilities for the disabled children in school must be made a condition of grant of recognition to the school

· Totally free health security to the children with disabilities. Schools should be so equipped with basic medical expertise that the children with disabilities may get appropriate medical assistance, guidance and advice.


The AIPA will submit a memorandum to the Hon’ble Prime Minister of India inviting his kind attention to the aforementioned demands and seeking his intervention for realization of the same.


Lawyers, parents, students, professionals, children with disabilities , NGOs, social activists and concerned citizens in big number holding placards in their hands are expected to participate in this “HISTORICAL MARCH” to parliament on Saturday, Feb. 13, 2010 from 11.00 am to 12.30 pm.
.

We request you to kindly join us and participate in time to make the March to Parliament for the protection of the right to education of the children with disabilities a great success.


With regards,


Ashok Agarwal, Advocate
National President, AIPA
M-09811101923