Lok Sabha Question No. 3169 (UNSTARRED), answered on 2018-12-31
Subject: Implementation of Right to Education
Ministry: HUMAN RESOURCE DEVELOPMENT
Asked by: JYOTIRADITYA MADHAVRAO SCINDIA

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

## LOK SABHA UNSTARRED QUESTION NO. 3169 TO BE ANSWERED ON 31.12.2018

## Implementation of Right to Education

## 3169. SHRI JYOTIRADITYA M. SCINDIA:

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

- (a) whether  the  Government  tracks  implementation  of  the  Section  12(1)(c)  of  Right  to Education  (RTE)  Act  [quota  for  children  from  Economically  Weaker  Sections  of society] and if so, the details thereof;
- (b) if not, the reasons therefor;
- (c) Whether any online grievance redressal mechanism under the said Act is in place and if so, the details thereof, State-wise and if not, the reasons therefor;
- (d) Whether any Notification  for  admission  under  the  said  Act  has  been  issued  by  the State Governments and whether some States still haven't issued the Notification and if so, the reasons therefor, State/UT-wise;
- (e) the  details  of  per-child  cost  as  notified  under  the  Act  and  whether  some  States  still haven't notified the per-child cost and if so, the reasons therefor, State/ UT-wise;
- (f) whether the Government ensuring that every eligible child is able to take advantage of this  provisions  and  if  so,  the  steps  taken/  being  taken  by  the  Government  in  this regard; and
- (g) the  role  of  the  State  Commission  for  Protection  of  Child  Rights  (SCPCR)  in  the States/UTs to resolve complaints registered in online grievance redressal portal?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT (DR. SATYA PAL SINGH)

(a) & (b) The Right of Children  to Free  and  Compulsory  Education  (RTE) Act,  2009 provides  for  access  to  elementary  schools  for  children  within  the  defined  area  or  limits  of neighbourhood.  Section  12(1)  of  the  RTE  Act  2009  mandates  all  private  aided,  Special Category schools and private unaided schools to admit in class I, to the extent of at least 25% of the strength, children belonging to weaker section and disadvantaged group.  Ministry of Human Resource Development (MHRD)  tracks implementation of the Section 12(1) (C) of RTE  Act  2009.  All  States  and  UTs  are  required  to  submit  their  Annual  Work  Plan  and Budget (AWP&B) for each year. This document contains information regarding progress and proposal about various provisions for school education including implementation of Section 12(1)  (C)  of  RTE  Act  2009.  The  information  provided  by  the  States/  UTs  indicate  a consistent increase in the number of children admitted/ studying under Section 12 (1)(C).

(c) States and UTs are using different methodologies for grievance redressal mechanism. While  Rajasthan  and  Maharashtra  have  developed  Online  Mechanism  for  addressing grievances,  Gujarat,  Assam  and  Uttarakhand  are  using  Toll  Free  Number  for  addressing grievances under Section 12(1) (C). There is offline mechanism in place in other States.

(d) to (f) Education is a subject in the concurrent list of the Constitution and majority of the schools in the country are under the administrative control of the State Governments and

UT Administrations. Section 12 (1)(c) of RTE Act 2009 is applicable in 34 States and UTs only. The RTE Act 2009 is not applicable in the State of Jammu & Kashmir and Section 12 (1)  (c)  is  not  applicable  in  UT  of  Lakshadweep  as  it  does  not  have  any  private  unaided school.  In  order  to  establish  the  eligibility,  States  and  UTs  are  required  to  notify  the disadvantaged  groups  and  weaker  sections  for  admission  in  private  unaided  schools  under Section 12(1)(c).  Accordingly, 32 States/ UT have notified disadvantaged groups and weaker sections which are eligible for admission in Private unaided Schools under Section 12 (1)(c). Sikkim and Telangana are two States which have not yet notified Disadvantaged groups and Weaker Sections.

15  States/  UTs  have  notified  per-child  cost  for  reimbursement  to  private  unaided schools against admission of children belonging to disadvantaged groups and weaker sections under  section    12  (1)  (c).    UTs  of  Andaman  &  Nicobar  Islands  and  Assam  have  started admission but have not notified per-child cost. State of Tripura has notified per-child cost but admission has not started. The per-child cost notified by the States and UTs is at Annexure.

Ministry of Human Resource Development (MHRD) vide letter no 12-5/2016-EE.11 dated 25.05.2016 requested States/UTs to carry out a ground assessment of private schools across  the  country  to  ensure  compliance  with  the  Section  12  (1)(c)  of  RTE  Act,  2009. Further,  MHRD,  in  various  meetings  like  State  Education  Secretaries  conference,  Joint Review  Missions  (JRM)  of  SSA,  PAB  (Project  Approval  Board)  Meetings,  has  been advising/guiding State/  UT Governments on implementation of the Section 12(1)(c) of the RTE Act 2009.

(g) RTE Act envisages the role of NCPCR at national level and SCPCR at State level to monitor and address the grievances of children and parents regarding provisions of RTE Act. Section 31 of the RTE Act provides the following :-

- 1) The  National  Commission  for  Protection  of  Child  Rights  constituted  under Section 3, or, as the case may be, the State Commission for Protection of Child Rights constituted under Section 17 of the Commissions for Protection of Child Rights Act, 2005,  shall, in addition to the functions assigned to them under that act, also perform the following functions, namely:-
- a) examine and review the safeguards for rights provided by or under this Act and recommend measures for their effective implementation;
- b) Inquire into complaints relating to child's right to free and compulsory education; and
- c) take  necessary  steps  as  provided  under  sections  15  and  24  of  the  said Commissions for Protection of Child Rights Act.
- 2)    The said Commissions shall, while inquiring into any matters relating to child's right to free and compulsory education under clause (c) of sub-section ( I ),  have the same powers as assigned to them respectively under sections 14 and 24 of the said Commissions for Protection of Child Rights Act.
- 3) Where  the  State  Commission  for  Protection  of  Child  Rights  has  not  been constituted in a State, the appropriate Government may, for the purpose of performing the  functions  specified  in  clauses  (a)  to  (c)  of  sub-section  ( 1), constitute  such authority,  in  such  manner  and  subject  to  such  terms  and  conditions,  as  may  be prescribed.

****

## ANNEXURE  REFFERED  TO  IN  REPLY  TO  PARTS  (d)  TO  (f)  OF  LOK  SABHA UNSTARRED QUESTION NO. 3169 FOR 31.12.2018 ASKED BY SHRI JYOTIRADITYA M. SCINDIA REGARDING 'IMPLEMENTATION OF RIGHT TO EDUCATION'

## Status of Per Child Cost notified by States UTs for the year 2017-18

|   Sl No. | States/UTs          | Notified (Yes / No)                     | Per Child Cost (Rs per child per annum)                                                                                                                                                                                                                                 |
|----------|---------------------|-----------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|        1 | A&N Islands         | No                                      | --                                                                                                                                                                                                                                                                      |
|        2 | Andhra Pradesh      | No                                      | --                                                                                                                                                                                                                                                                      |
|        3 | Arunachal Pradesh   | No                                      | --                                                                                                                                                                                                                                                                      |
|        4 | Assam               | No                                      | --                                                                                                                                                                                                                                                                      |
|        5 | Bihar               | Yes                                     | Rs. 6,569                                                                                                                                                                                                                                                               |
|        6 | Chandigarh          | Yes                                     | Rs. 16440 (Rs. 1370/- PCPM)                                                                                                                                                                                                                                             |
|        7 | Chhattisgarh        | Yes                                     | Rs. 7,650/- for Primary Rs 12,050/- for Upper Primary                                                                                                                                                                                                                   |
|        8 | Dadra &Nagar Haveli | No                                      | --                                                                                                                                                                                                                                                                      |
|        9 | Daman &Diu          | No                                      | --                                                                                                                                                                                                                                                                      |
|       10 | Delhi               | Yes                                     | Rs. 19176/-                                                                                                                                                                                                                                                             |
|       11 | Goa                 | No                                      | --                                                                                                                                                                                                                                                                      |
|       12 | Gujarat             | Yes                                     | Rs. 13,000/-                                                                                                                                                                                                                                                            |
|       13 | Haryana             | No                                      | --                                                                                                                                                                                                                                                                      |
|       14 | Himachal Pradesh    | No                                      | --                                                                                                                                                                                                                                                                      |
|       15 | Jammu &Kashmir      | Act 2009 Not Applicable                 | Act 2009 Not Applicable                                                                                                                                                                                                                                                 |
|       16 | Jharkhand           | Yes                                     | Rs. 5100/- (Rs. 425/- PCPM)                                                                                                                                                                                                                                             |
|       17 | Karnataka           | Yes                                     | Rs. 8,000/- for Pre-primary and Rs. 16,000/- for primary and above classes                                                                                                                                                                                              |
|       18 | Kerala              | No                                      | --                                                                                                                                                                                                                                                                      |
|       19 | Lakshadweep         | Section 12 (1) (C) of School in the UT. | RTE Act Not Applicable as there are no Private Unaided                                                                                                                                                                                                                  |
|       20 | Madhya Pradesh      | Yes                                     | Rs. 4,419/-                                                                                                                                                                                                                                                             |
|       21 | Maharashtra         | Yes                                     | Rs. 17670/-                                                                                                                                                                                                                                                             |
|       22 | Manipur             | No                                      | --                                                                                                                                                                                                                                                                      |
|       23 | Meghalaya           | No                                      | --                                                                                                                                                                                                                                                                      |
|       24 | Mizoram             | No                                      | --                                                                                                                                                                                                                                                                      |
|       25 | Nagaland            | No                                      | --                                                                                                                                                                                                                                                                      |
|       26 | Odisha              | Yes                                     | Rs. 12,602/-                                                                                                                                                                                                                                                            |
|       27 | Puducherry          | No                                      | --                                                                                                                                                                                                                                                                      |
|       28 | Punjab              | No                                      | --                                                                                                                                                                                                                                                                      |
|       29 | Rajasthan           | Yes                                     | Rs. 13,945/-                                                                                                                                                                                                                                                            |
|       30 | Sikkim              | No                                      | --                                                                                                                                                                                                                                                                      |
|       31 | Tamil Nadu          | Yes                                     | State has notified class wise per child cost which is as follows:- Rs. 25155.21 (Class I), Rs. 25184.34 (Class II), Rs.25383.05 (Class III), Rs.25392.64 (Class IV) Rs.25425.10 (Class V), Rs. 32897.26 (Class VI) Rs. 33066 .00 (Class VII), Rs. 33146.03 (Class VIII) |
|       32 | Telangana           | No                                      | --                                                                                                                                                                                                                                                                      |
|       33 | Tripura             | Yes                                     | Rs. 21,138/ -                                                                                                                                                                                                                                                           |
|       34 | Uttar Pradesh       | Yes                                     | Rs. 5,400/ -                                                                                                                                                                                                                                                            |
|       35 | Uttarakhand         | Yes                                     | Rs. 16596/- (Rs. 1383/- PCPM)                                                                                                                                                                                                                                           |
|       36 | West Bengal         | No                                      | --                                                                                                                                                                                                                                                                      |

(PCPM - Per Child Per Month)