Lok Sabha Question No. 128 (STARRED), answered on 2019-07-01
Subject: Right to Education
Ministry: HUMAN RESOURCE DEVELOPMENT
Asked by: M. K. Raghavan

## GOVERNMENT OF INDIA MINISTRY OF HUMAN RESOURCE DEVELOPMENT DEPARTMENT OF SCHOOL EDUCATION & LITERACY

## LOK SABHA STARRED QUESTION NO. *128 TO BE ANSWERED ON 01.07. 2019

## Right to Education

## *128. SHRI M.K. RAGHAVAN:

Will the Minister of HUMAN RESOURCE DEVELOPMENT be pleased to state:

(a) whether the Right of Children to Free and Compulsory Education (RTE) Act, 2009 mandates all  private  schools  to  allocate  25  percent of  the  seats  to  Economically Weaker Section (EWS) and if so, the details thereof;

(b) whether the Government is aware that majority of CBSE based schools especially in cities do not follow this mandate and if so, the details thereof;

(c)  whether  it  is  also  a  fact  that  financial  problems  under  the  Act  continue  to  attack  the provisions of the Act and if so, the details thereof;

(d)  whether  the  Government  is  also  aware  that  schools  continue  to  collect  money  on  various pretexts and if so, the measures taken to stop the menace;

(e)  whether  the  Government  proposes  to  introduce  terrain  limitations  instead  of  the  1  km provision and if so, the details thereof; and

(f) whether the Government proposes for a single window system for admissions under the Act and if so, the action taken by the Government in this regard?

## ANSWER

## MINISTER OF HUMAN RESOURCE DEVELOPMENT

## (SHRI RAMESH POKHRIYAL 'NISHANK')

(a) to (f). A Statement is laid on the Table of the House.

## STATEMENT REFERRED TO IN PART (A) TO (F) OF THE REPLY TO LOK SABHA STARRED QUESTION NO.128 TO BE ANSWERED ON 01.07.2019 ASKED BY SHRI M.K. RAGHAVAN REGARDING RIGHT TO EDUCATION.

(a)  :  The  Right  of  Children  to  Free  and  Compulsory  Education  Act  came  into  effect  from  1 st April 2010. The Act makes elementary education a fundamental right of all children in the age group of 6-14 years.

Section 12 of the Act mandates all private aided, Special Category schools and private unaided schools to admit in class I (or below) to the extent of at least 25% of the strength of that class, children  belonging to weaker  sections and disadvantaged groups and  provide free  and compulsory education till its completion.

The RTE Act under section 12 (2) also makes provision of reimbursement of expenditure to schools providing  free  and  compulsory  elementary  education  as  specified  in  Section  12(1)(c). The  school  shall  be  reimbursed  expenditure  so  incurred  by  it  to  the  extent  of  per-childexpenditure incurred by the State, or the actual amount charged from the child; whichever is less, in  such  manner  as  may  be  prescribed.  Provided  that  where  such  school  is  already  under obligation to provide free education to a specified number of children on account of it having received any land, building, equipment or other facilities, either free of cost or at a concessional rate, such school shall not be entitled for reimbursement to the extent of such obligation.

(b):  Central  Board of Secondary Education (CBSE) is an examination conducting body which affiliates schools for the purpose of certification of students at the end of Class X and Class XII courses on fulfilment of norms prescribed in the Examination and Affiliation Bye-Laws of the Board. The schools affiliated  with CBSE are recognised by the respective State Governments under RTE Act, 2009. However, the Board has issued a circular No 07/2018 dated 31.05.2018 regarding Adherence to provisions of Right to Education Act, 2009 and Affiliation Bye-Laws of the Board. The main points of the circular are as under :

-  The schools are required to have valid copy of Recognition certificate from the concerned State/ UT government as stipulated in Section 18(1) of Right to Education Act, 2009.
-  The school shall ensure that provisions of the RTE act, 2009 and State Education Acts are being complied with meticulously.

The implementation of Right to Education (RTE) Act in all schools including those which are affiliated with CBSE comes under the purview of the concerned State/UT Government.

(c):  Ministry  of  Human  Resource  Development,  provides  support  to  the  States  and  UTs  for reimbursement  of  expenditure  incurred  for  25%  admissions  in  private  unaided  schools  under Section 12(1) (c) of the RTE Act as per norms of erstwhile Sarva Shiksha Abhiyan, which is continued under the new integrated scheme Samagra Shiksha. This provision is effective from 2014-15.  As  per  Section  7(1)  of  the  RTE  Act,  2009,  the  Central  Government  and  the  State Governments have concurrent responsibility for providing funds for carrying out the provisions of this Act. Further, Section 7(5) of this Act states that, the State Government shall, taking into consideration  the  sums  provided  by  the  Central  Government  to  a  State  Government,  be responsible to provide funds for the implementation of the provisions of the Act.

(d)  to  (f):  Education  is  in  the  Concurrent  List  and  majority  of  the  schools  are  under  the administrative  control  of  the  States  and  UT,  therefore,  it  is  for  the  concerned  State  and  UT government to ensure proper implementation of the RTE Act, prescribe neighbourhood norms and mechanism for admissions in schools including per child costs eligible for re-imbursement.

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