Lok Sabha Question No. 327 (UNSTARRED), answered on 2019-06-24
Subject: Right to Education
Ministry: HUMAN RESOURCE DEVELOPMENT
Asked by: Manoj Rajoria

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

## LOK SABHA UNSTARRED QUESTION NO. 327 TO BE ANSWERED ON 24.06.2019

## Right to Education

## 327. DR. MANOJ RAJORIA:

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

(a)  whether  the  Government  has  taken  significant  concrete  steps  to  ensure  the  meticulous compliance  of  the  provisions  stipulated  in  the  Right  to  Free  and  Compulsory  Education  Act, 2009  relating  to  the  reservation  of  seats  for  the  Economically  Weaker  Sections  in  private schools;

- (b)  if  so,  the  details  thereof  along  with  the  measures  taken/to  be  taken  by  the  Government  in cases of rampant non-compliances; and

(c)  Education  being  a  subject  of  the  Concurrent  List,  the  details  of  the  responsibilities  of  the Union Government for ensuring the compliances of the RTE Act, 2009?

## ANSWER MINISTER OF HUMAN RESOURCE DEVELOPMENT (SHRI RAMESH POKHRIYAL 'NISHANK')

(a) to (c): Section 12(1)(c) of the Right of Children to Free and Compulsory Education (RTE) Act, 2009 provides for admission of children belonging to weaker sections and disadvantaged groups in  the  neighbourhood  private  unaided  schools  in  Class  I  or  below  to  the  extent  of  at  least  25 percent of the strength of that class.

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. For implementation of this section, States and UTs are required to notify the disadvantaged groups and weaker sections, notify per child  cost  and  start  admissions  in  private  un-aided  schools.  Accordingly,  33  States/  UT  have notified  disadvantaged  groups  and  weaker  sections  which  are  eligible  for  admission  in  Private unaided Schools under Section 12 (1)(c). Telangana is the only State which has not yet notified Disadvantaged groups and Weaker Sections.

As per Annual Work Plan and Budget of the States and UTs (AWP&B 2019-20), 17 States and UTs  are  admitting  children  belonging  to  disadvantaged  groups  and  weaker  section  in  private unaided schools under Section 12(1)(c) of the RTE Act. Information provided by the States and UTs indicate  that  there  is  a  consistent  increase  in  the  number  of  children  getting  admission  or continuing under this provision. The reimbursement is based on per child cost norms notified by the  State/UT  concerned  for  classes  I  to  VIII.  The  reimbursement  from  Central  Government  to States and UTs has started from 2014-15 onwards.

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  unaided  schools across  the  country  to  ensure  compliance  with  the  provisions  of  Section  12  (1)(c)  of  RTE  Act, 2009. Further, MHRD, in various meetings like State Education Secretaries Conference, Project Approval Board Meetings, Regional workshops, reviews and emphasizes on the proper implementation of the provisions of the RTE Act.

Whenever  This  Ministry  receives  complaints  about  non-compliance  of  RTE  Act,  relating  to reservation of seats for the Economically Weaker Sections in private schools, such complaints are  forwarded  to  concerned  States  and  UTs  for  taking  appropriate  action  as  per  their  existing rules. Education is in the Concurrent List and majority of the schools are under the purview of the  State  Governments  and  it  is  primarily  for  the  States  to  take  appropriate  action  for implementation of RTE Act.

Samagra Shiksha an integrated scheme for School Education has been launched by Government of India  from  2018-19,  for  the  school  education  sector  extending  from  pre-school  to  class  12  by subsuming the  three  erstwhile  Centrally  Sponsored  Schemes  of  Sarva  Shiksha  Abhiyan  (SSA), Rashtriya  Madhyamik  Shiksha  Abhiyan  (RMSA)  and  Teacher  Education  (TE).  The  scheme provides  for  support  to  the  States  &  UTs  for  implementation  of  RTE  Act,  including  reimbursement of expenditure incurred by the States & UTs under Section 12(1)(c) of the Act.

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