'Poor education in govt schools leads to high dropouts'

INTERVIEW ASHOK AGGARWAL ' No teaching is taking place in govt schools'

RTE activists seek changes for better education act

Hazards of studying in unrecognized school – Crescent school detains Nauman in Class VIII

ALL INDIA PARENTS ASSOCIATION Aggarwal Bhawan, G. T. Road, Tis Hazari, Delhi -110054 M- 09811101923, 9810133325 02/04/2013 To Prof. Ms. Kiran Walia Education Minister Government of NCT of Delhi Delhi Secretariat, I.P. Estate New Delhi-110002 Sub: Hazards of studying in unrecognized school – Crescent school detains Nauman in Class VIII Dear Madam, Due to laxity on the part of the Government of NCT of Delhi, the unrecognized private schools in Delhi are exploiting the hapless parents and the students. Nauman, who has studied in class VIII in Crescent School, Near Seelam Pur Road, Mauj Pur, Delhi-110053 (Phone – 011-22185250) in the academic year 2012-13 is a case in point. His father, Shri Nadeem Ahmed r/o House No. 1021, Gali No.32, Jafrabad, Seelampur, Delhi (Mob.9811253378) has approached me today with a written complaint, stating that his son Nauman was admitted in the Crescent School, in the academic year 2011-12 in Class VII based on a Transfer Certificate having been issued by a recognised school. He has also paid hefty fees under various heads to the school. At the time of the admission, he was not aware that the Crescent School is an unrecognized school. The school is run from nursery to class VIII. His son was promoted to class VIII in the academic year 2012-13 and has regularly attended his classes. Now, when he has approached the school for Annual Report Card, the school issued him the Annual Report Card thereby detaining his son in Class VIII. On questioning as to how the school could detain his son in Class VIII despite the RTE Act, 2009, the school told him that they could do so as the school was an unrecognized school. He was shocked to know that the school was an unrecognized one. It is submitted that Shri Nadeem Ahmed, thereafter, approached the Deputy Director of Education, N-E District with a written complaint dated 01.04.2013 requesting for initiating appropriate action against the school. As no action was taken by the DDE, he has approached me with a request to help the victimized student saying that the school has cheated him and his son. Copies of complaints are enclosed. It is submitted that the mushrooming unrecognized schools are really playing with the careers of the young students by misrepresenting to their parents as being recognised schools. The most unfortunate part is that despite clear directions to the Government of NCT of Delhi by the Hon’ble Delhi High Court way back on 08.02.2008 in Social Jurist PIL [W.P.(C) No.43/2006] to ensure that no unrecognized school is allowed to be run, no step has been taken by the government in this direction. The unrecognized schools were given 6 months time by the Hon’ble High Court to either obtain recognition from the Directorate of Education or to get closed. This order was in respect of all the schools run from pre-primary and onwards. I have no hesitation to say the Government under the influence of the private schools’ lobby deliberately did not implement the decision of the Hon’ble High Court. In the meanwhile, the RTE Act, 2009 came into force from 01.04.2010, which gave a breathing period of 3 years to all the unrecognized schools to obtain recognition by 31.03.2013 or get closed. It is further worth pointing out that the Hon’ble Delhi High Court’s order dated 08.02.2008 in Social Jurist PIL [W.P.(C) No.43/2006] covered all schools, including pre-primary schools. However, in clear disregard of the same, the Directorate of Education, Act-I branch, vide public notice appearing in the Times of India newspaper on 26.03.2013 has given unrecognized pre-primary schools a free hand to continue to run without obtaining any recognition from the Directorate of Education, which tantamount to contempt of the Hon’ble Delhi High Court. It is submitted that the Crescent School has literally played a fraud not only with Nauman but also with other similarly placed students. All such mal-practices are going on with the active connivance of the education authorities. Despite the fact that the Hon’ble Supreme Court in its Judgment dated 12.04.2012 in Society of Unaided Private Schools of Rajasthan Vs. Union of India has held that the RTE Act, 2009 is child-centric and not institutional-centric, the Government is protecting the undue interests of these mushrooming illegal, unsafe, unjust and unrecognized schools by totally ignoring the interests of the children. In my firm opinion such schools are merely child labour breeding centres. You are therefore requested to look into this matter on urgent basis and take appropriate action against the erring school. You are further requested not to allow even the unrecognized pre-primary schools to run any further. With regards, Ashok Agarwal, Advocate National President, AIPA M-09811101923

PRESS RELEASE - AIPA SENDS RESOLUTION ON RTE TO PM, UNION HRD MINISTER AND NAC CHAIRPERSON DEMANDING CONSTITUTIONAL AMENDMENT

ALL INDIA PARENTS ASSOCIATION Aggarwal Bhawan, G. T. Road, Tis Hazari, Delhi -110054 M- 09811101923, 9810133325 PRESS RELEASE On the eve of completion of 3 years of the Right of Children to Free and Compulsory Education Act, 2009, which marks the lapse of statutory deadline for implementation of several key provisions of the Act, a meeting was jointly organized by All India Parents Association under the Presidentship of Advocate Ashok Agarwal, and Social Jurist, a civil rights group on 31.03.2013 at Gandhi Peace Foundation, New Delhi. Various lawyers, social activists, parents and children from various government-run and private schools attended the meet. The following resolution was passed unanimously in the said meeting: • In consonance with Article 21-A of the Constitution of India, school-education whether provided through government-run or private schools, should be made completely free for children. The financial burden should be borne by the government and not by parents. • All existing government schools should be upgraded to the minimum level of Kendriya Vidyalayas. Further, the existing number of government schools should be doubled and all children upto the age of 18 years should be brought into the schools and given quality education. • A national law should be enacted to regulate fees and other charges chargeable by private schools. Such a law should also give at least 50% representation to the parents in school management committees of private schools. • A Constitutional amendment should be brought in to bring unaided minority schools also within the ambit of Article 21-A of the Constitution, so that the RTE Act, 2009 can also be applied to unaided minority schools and a uniform scheme can be made applicable to all schools. • The RTE Act, 2009 should be amended to bring the children of the age-group 0-6 within the Act. Copies of this resolution have been sent to the Prime Minister of India, Union HRD Minister and Smt. Sonia Gandhi, Chairperson, National Advisory Council with a request to immediately look into the same and take appropriate action on urgent basis. Ashok Agarwal, Advocate National President, AIPA 01.04.2013 M- 09811101923

AIPA letter to HRD Minister on RTE issues

ALL INDIA PARENTS ASSOCIATION Aggarwal Bhawan, G. T. Road, Tis Hazari, Delhi -110054 M- 09811101923, 9810133325 March 31, 2013 To Hon’ble Dr. M.M. Pallam Raju Union HRD Minister Govt. of India, Shastri Bhawan, New Delhi-110001 Subject : CABE Meeting of 02.04.2013 – Request for taking up the issues: (i) Amendment of the Constitution to bring Unaided Minority Schools within the ambit of RTE Act, 2009, (ii) Amendment of RTE Act, 2009 to include Pre-primary Classes and (iii) Framing of National Policy on Fees in Unaided Private Schools Respected Sir We have come to know that a meeting of Central Advisory Board of Education (CABE) is scheduled to be held on 02.04.2013. We would request you to kindly include the following issues in the Agenda, discuss the same and take decision thereupon: (i) Amendment of Constitution of India to bring Unaided Minority Schools within the ambit of RTE Act, 2009 The Hon’ble Supreme Court in its Judgment dated 12.04.2012 in Society for Unaided Private Schools of Rajasthan v. Union of India, have held that Article 21-A of the Constitution of India does not apply to unaided minority schools and therefore, the provisions of Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, 2009) do not apply to Unaided Minority Schools. However, the Hon’ble Supreme Court has pointed out that Unaided Minority Schools can be brought within the purview of Article 21-A if an amendment is made in the Constitution of India to include the unaided minority schools within the purview of Article 21-A of the Constitution of India. It is submitted that keeping unaided minority schools out of the purview of Article 21-A of the Constitution of India has not only resulted in discrimination amongst the children but has also resulted in depriving the children attending such private schools of various valuable rights as incorporated in the RTE Act, 2009. It has also been noticed that after the aforesaid Judgment of the Hon’ble Supreme Court, many non-minority private schools are converting themselves into unaided minority schools to avoid the obligation of admitting 25% children belonging to disadvantaged group/EWS and to grant them free ship. It has also resulted in schools becoming exclusive schools instead of inclusive schools. It is therefore, necessary that the Constitution of India be amended so to include Unaided Minority Schools within the purview of Article 21-A of the Constitution of India so that the provisions of RTE Act, 2009 become applicable to unaided minority schools as well. (ii) Amendment in RTE Act, 2009 to cover Pre-Primary Classes as well Your attention is invited to para 43 of the Judgment dated 19.02.2013 of a Division Bench of Hon’ble Delhi High Court passed in Writ Petition (C) No.8533/2010 entitled: Social Jurist v. GNCT of Delhi & Another’ which reads as under: “43. Though we have held that Right to Education Act is not applicable to nursery schools, in our opinion there cannot be any difference yardstick to be adopted for education to children up to the age of 14 years irrespective of the fact that it applies to only elementary education. It is the right time for the Government to consider the applicability of Right to Education Act to the nursery classes as well, as in many of the States admissions are made right from the nursery classes and the children so admitted are automatically allowed to continue from Class-I. In that sense, the provisions of Section 13 would be rendered meaningless insofar as it prohibits screening procedure at the time of selection. Importance of education is per se applicable to every child right from admission to nursery classes till it completes the eighth standard. It is common knowledge that though the there is obligation on the State to provide free and compulsory education to children and the corresponding responsibility of the institution to afford the same, educational institution cannot be allowed to run as “Teaching Shops” as the same would be detrimental to equal opportunity to children. This reality must not be ignored by the State while considering the observations made in this judgment. Hence, we only observe that to avail the benefit of the Right to Education Act to a child seeking for nursery school as well, necessary amendment should be considered by the State. We hope and trust that the Government may take the above observation in the right spirit and act accordingly.” It is submitted that the Hon’ble Delhi High Court in the above Judgment has emphasized upon the importance of bringing within the ambit of RTE Act, 2009 not only the children in the age group 6 to 14 but also children below 6 years to make the Act meaningful qua the rights of the children. It is therefore, necessary that the Government should bring amendment in the RTE Act, 2009 to include the children below 6 years of age and particularly the children in the age group of 3 to 6 years so as to save them from harassment at the hands of unaided private Schools. As of now, in view of the said judgment, it is open to the private schools to subject children below six to screening procedure for admissions at the entry level, despite the prohibition of Section 13 of the RTE Act, 2009. Inclusion of 3 to 6 years of age children within the purview of RTE Act, 2009 is also necessary to prevent commercialization of education in Unaided Private Schools. (iii) Framing of National Policy on Fees in Unaided Private Schools. A Division Bench of Hon’ble Delhi High Court in its Judgment dated 12.08.2011 in case of ‘Social Jurist v. Govt. of NCT of Delhi & Others (Writ Petition (C) No.7777/2009) has asked the Central Government to frame National Policy on fee-regulation in private unaided schools. It is submitted that the Hon’ble Delhi High Court in the said case was dealing with a PIL highlighting the arbitrary and unjustified fee hike every year by Unaided Private Schools in Delhi and the Government has failed to check the menace of commercialization of education. It is submitted that the parents all over the country whose wards are studying in unaided private schools are agitating against arbitrary fee hike every year by the private schools and therefore, this problem is not confined to one state or another but exists all over the country. It is submitted that so far, the States of Tamil Nadu and Maharashtra only have enacted legislation regulating fee and other charges chargeable by unaided private schools. In other States, there are no legislations regulating fee and other charges chargeable by unaided Private Schools. Even the legislations enacted by the states of Tamil Nadu and Maharashtra are not much satisfactory as they have not been able to check the menace of commercialization of education in unaided private schools. It is submitted that in fact there is a pressing need of a Central Legislation regulating fee and other charges chargeable by unaided private schools all over the country, ensuring prevention of commercialization of education by these schools. In order to ensure prevention of commercialization and to provide an opportunity to the parents to intervene in school education, it is necessary that such enactment may also provide at least 50% representation of the parents in the Managing Committees of such schools. It is needless to say that in regard to the state-funded schools, the RTE Act, 2009 has provided to the extent of 75% representation of the parents in the School Managing Committee. It is therefore, requested that a Central Legislation be enacted for regulation of fee and other charges in Unaided Private Schools and the legislation should ensure at least 50% representation to the parents in the Managing Committee of such schools. We sincerely hope and expect that the afore-mentioned issues of great public importance would also be taken up in the forthcoming meeting of Central Advisory Board of Education scheduled to be held on 02.04.2013 at New Delhi. With kind regards, Ashok Agarwal, Advocate National President All India Parents Association (M) 9811101923