Maharashtra Exempts Private Schools from RTE Quota Admissions | 28 Feb 2024

Source: IE

Why in News?

The Maharashtra school education department recently issued a gazette notification exempting private unaided schools from the mandatory 25% admission quota for disadvantaged groups and weaker sections under certain conditions.

• As per The Right Of Children To Free And Compulsory Education Act, 2009 (RTE Act) (section 12.1(C)), unaided schools are obligated to ensure that 25% of Class 1 students admitted must belong to “weaker section and disadvantaged group in the neighbourhood”.

What Exactly Does the New Rule State?

• The new rule prohibits local authorities from identifying private unaided schools for 25% admission of disadvantaged groups and weaker sections under the Maharashtra Right of Children to Free and Compulsory Education Rules, 2013, if the government or aided schools (which receive money from the govt) are within one kilometre radius of that school.
  • Such private schools no longer need to adhere to the 25% requirement; instead, students in these areas will be given priority for admission to the government or aided schools.
• The notification states that if there are no aided schools in the area, private schools will be selected for RTE admissions and reimbursed for fees, with a new list of obligated schools to be prepared accordingly.

Why have States Introduced Such Exemptions?

• Karnataka's state law minister stated in 2018 that the RTE's main aim is to offer education to all students, noting that the state's previous policy of permitting parents to enrol children in private schools near government schools had drastically reduced government school enrollments.
  • The Karnataka government's 2018 gazette notification is currently under judicial scrutiny.
• Private schools and teachers’ organisations have noted that state governments frequently fail to reimburse fees for students admitted under this quota, as mandated by Section 12(2) of the RTE Act, which requires state governments to reimburse schools per-child expenses or the fee amount, whichever is lower.

What are the Likely Implications of this Exemption?

• Arguments Against:
  • Experts have raised questions regarding the state's authority to amend central law, stating that the notification contradicts the RTE and should be avoided.
  • The Maharashtra government's amendment has been criticised on the ground that it is unjustified and emphasising the importance of Section 12(1)(C) in combating education inequality.
• Arguments in Favour:
  • Maharashtra govt has highlighted that states are empowered by Section 38 of the RTE Act to formulate rules for its implementation, clarifying that the changes made were to the rules drafted in 2011 and 2013, not the original law.
  • The action does not contravene the RTE Act, noting that section 6 recommends government schools in unserved areas, making section 12.1(C) a temporary measure until such schools are established.
  • The private unaided schools have welcomed the new rules arguing that the move will increase the number of students in government schools.

What are the Significant Provisions of the RTE Act?

• Right to Free and Compulsory Elementary Education:
  • Children aged 6-14 years are entitled to free, compulsory education in local schools, with enrollment in an age-appropriate class for those above 6 not in school.
    • Aided schools must also offer education for free, proportionate to their funding, but not less than 25%.
  • Elementary education is free until completion, and no child can be held back, expelled, or required to pass a board exam before finishing elementary education.
• Curriculum and Recognition:
  • An academic authority designated by the central or state government must develop the curriculum and evaluation procedure for elementary education.
  • All schools required to adhere to pupil-teacher ratio norms and meet prescribed standards before establishment or recognition
  • Teacher qualification to be ensured by the Teacher Eligibility Test (TET) conducted by the appropriate government.
• Responsibilities of Schools and Teachers:
  • Teachers are forbidden from giving private tuition or performing non-teaching tasks, except for census, disaster relief, and election duties.
  • Schools must establish School Management Committees (SMCs) consisting of local authority representatives, parents, guardians, and teachers to oversee the school's use of government funds and create a school development plan.
• Grievance Redressal:
  • The National Commission for the Protection of Child Rights reviews safeguards and investigates complaints, with powers akin to a civil court; the state government may also establish a State Commission for similar functions.

Conclusion

While the Maharashtra government move may alleviate some financial burdens on private schools and potentially increase enrollments in government schools, it raises concerns about equity and access to quality education for children from marginalised backgrounds. The balance between supporting private schools and ensuring inclusive education for all remains a contentious issue.