Lok Sabha Question No. 5184 (UNSTARRED), answered on 2023-04-03
Subject: Reservation at Entry Level Classes in Schools under RTE Act, 2009
Ministry: Education
Asked by: Vishnu Dutt Sharma

## GOVERNMENT OF INDIA MINISTRY OF EDUCATION DEPARTMENT OF SCHOOL EDUCATION & LITERACY

## LOK SABHA UNSTARRED QUESTION NO5184

ANSWERED ON- 03/04/2023

## RESERVATION AT ENTRY LEVEL CLASSES IN SCHOOLS UNDER RTE ACT, 2009

5184. SHRI VISHNU DATT SHARMA: Will the Minister of EDUCATION be pleased to state: (a) whether under the Right to Education (RTE) Act, 2009, at least twenty-two per cent of seats to entry-level classes have to be reserved for children from Economically Weaker Sections (EWS) and Disadvantaged Groups (DG), and further three per cent have to be reserved for children with disabilities; (b) if so, the details thereof; (c)  whether  this  statutory  mandate  is  being  abided  by  all  State  Government  schools  in  the country; (d) if so, the details thereof; and (e)  if  not,  the  reasons  therefor  and  the  measures  being  taken  by  the  Government  to  ensure statutory compliance?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF EDUCATION (SMT. ANNPURNA DEVI)

(a) to (e): Education is in the Concurrent List of the Constitution and majority of schools are under the jurisdiction of the respective State Government and Union Territory Administration which are the appropriate Government for implementation of the provision of the Right of Children to Free and Compulsory Education (RTE) Act, 2009.

The  RTE  Act,  2009,  mandates  the  appropriate  Government  to  provide  free  and compulsory elementary education to every child of the age 6 to 14 years in a neighborhood school.  The RTE Act is applicable throughout the country.

Section 12(1)(c) of the RTE Act, 2009 provides for admission of children belonging to weaker sections and disadvantaged groups in the schools specified in sub-clauses (iii) and (iv)

of clause (n) of section 2 in Class I (or below) to the extent of at least 25 percent of the strength of that class.

For implementation of the provision of the Act the respective State/ UT Government is required  to  notify  the  Disadvantaged  Groups  and  weaker  sections,  per  child  cost  and  start admissions as per the laid down procedure and have a grievance redressal mechanism in place. 19  States/  UTs  are  admitting  children  under  Section  12  (1)(C)  of  the  RTE  Act.  UT  of Lakshadweep does not have any Private Unaided Schools

Further, insofar as Kendriya Vidyalaya Sangathan (KVS) is concerned, 25 percent seats are reserved in entry stage of admission in KVs under the RTE Act, 2009 for children from Economically  Weaker  Section  and  Disadvantaged  Groups  including  Children  with  Special Needs(CWSN). Additionally, three percent seats are horizontally reserved for CWSN in fresh admissions in KVs.

Ministry of Education has 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  of  the  RTE  Act,  2009.  Further,  Ministry  of  Education,  in  various  meetings  like  State Education  Secretaries Conference, Regional/State  workshops,  Project  Approval  Board Meetings, has been advising/ guiding State/ UT Governments on implementation of Section 12 of the RTE Act, 2009.

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