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Delhi school admissions: Is govt guilty of violating RTE Act ? FirstPost
Delhi school admissions: Is govt guilty of violating RTE Act?
In its sternest warning yet the Delhi High Court has indicated that it will not hesitate to suspend the ongoing admissions process in private schools – a system formally endorsed by the Centre and the Delhi government – if it is found to be in violation the Right to Education Act (RTE Act).
An admission process based on a ‘point-system’ that gives preference to categories such as alumni (where the applicant’s parents have studied in the school), sibling (where the applicant has a sibling in the same school) has been challenged in the Delhi High Court as being a blatant violation of the RTE Act.
“The RTE Act (Section 13) not only prohibits but also makes punishable the adoption of a screening procedure. The Act is very clear that schools cannot discriminate between two children on any grounds. Only a draw of lots can be the criteria along with neighbourhood – which is at the heart of Act, for admission” says Ashok Agarwal, High Court advocate representing NGO Social Jurist that has filed the PIL.
Will the high court strike down the admission process? Reuters
Ironically, in formulating a point-system that has been widely criticized by parents as being discriminatory private unaided schools were merely following guidelines issued by the government.
The Delhi government’s notification issued on 15 December, 2010, quoting the Human Resource Development’s Ministry’s guidelines giving unaided schools the freedom to come up with their own criteria for admissions, states, “Schools are free to identify any category based on policy/principles that are fair, just and reasonable within the ambit of the RTE Act.”
Interpreting the central government’s guidelines, the Delhi government goes on to add that, “Keeping in view the unique background, ethos and objectives of the schools in Delhi….the categorisation of the applicants should be on the basis of a criteria, developed in terms of the objectives of the school and can include sibling, transfer case, single parent and alumni.” (Read notification here)
Reacting to the two notifications, the Delhi High Court came down heavily on the Centre and the Delhi government on Wednesday, warning them against diluting the RTE Act.
“You (HRD ministry and Delhi government) cannot the dilute the provision of the RTE Act. By allowing them (schools) to formulate their own admission criteria, you are giving preference to one child over another, which is against the Act,” the High Court said.
On what the implications would be, should the High Court quash the government notifications, Agarwal said: “It will apply to all private unaided and non-minority schools across the county. We have challenged the central government notification.”
For one, quashing of the notifications will imply that the ongoing admission process in Delhi, which began on January 1, will stand cancelled. A probability the High Court hinted on, on Wednesday.
Replies to This Discussion
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Permalink Reply by Shiv B on
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If the High Court intervenes and quashes the admissions, our faith in this government will be restored.
I will vote against the current government in 2014 if this government cannot help provide a resolution to this issue.
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Permalink Reply by Lathaa Manavalan on
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The intent of the enactment of RTE Act is to secure equal educational opportunities for all without discrimination. If Schools are discriminating two kids with their own criteria which favours them along with screening the parent background with indirect methods according to policy and principles is purely against RTE Act and so MHRD should give clear explaination towards their notification issued to schools and draw of lots or CAP with uniform point system will be the other options left.
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I totally agree with you Lathaa. Parents who are applying this year should not forget what parents have to go through each year. It's high time our government made serious efforts to develop government schools and set up a democratic, equal opportunity process for admission to all schools.
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I do not understand point system such as transfer case (for nursery), alumani. I am a citizen of India and I pay tax. So I think my child should get equal opportunity for admission. How a transfer case is applicable for nursery as child is taking admission for first time and relevance of points for alumani. I request to all parents to be unite and do protest...........
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Very true....fully agreed
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Schools should give admission on the basis of distance only...and I think nobody will like to send their children to different schools,
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i request to admission nursery to unite all parents and do something conclusive to change admission criteria.
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The condition of government schools and the quality of education there continues to be dilapidated. It was the same 30 years ago, its the same 30 years after.
So we are left at the mercy of private schools for a reasonably good education for our children. And the private schools are getting away with anything and the government can hardly do anything.
We also have the power to vote a government out if it fails to deliver. It's our constitutional right.
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With all due respect to everyone who has been putting in efforts on behalf of the parent community and parents who have suffered and are suffering, I would like to know why this case has been taken up by the honourable court at this point of time. Why not two months ago, why not three months later?
Can anyone please throw light on this?
This is not intended as a sarcastic comment but a genuine question. I will be grateful for a response.
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If Alumni is given weightag then after 10-15 years there will be no outside admissions in a reputed school. It is totally against the spirit of RTE. Sibling points is also against the RTE.
Honorable HC, Please quash admissions & allow lottery in every scyhool. LOTTERY SHOULD NOT BE BASED ON CHITS OTHERWISE SCHOOLS WILL REMOVE A LOT OF CHITS FROM THERE.
IF HONORABLE HC DOES NOT HAVE ANY COMPUTER EXPERT IN KNOWLEDGE THEN ASK US WE WILL SUGGEST YOU SOME COMPUTER SOFTWARES TO DO THIS.
I SUGGEST THE RESPECTED HC TO INTERVENE & INSTEAD OF SENDING A VICE PRINCIPAL FOR LOTTERY, CONDUCT THE LOTTERY IN SOME GOVT OFFICE & LET IT LIVE ON IBN , AAJTAK & OTHER CHANNELS OR ALLOW A SEPARATE CHANNEL FOR 48 HOURS OR SO WHICH SHOWS ALL LOTTERIES OF 1500 APPROX SCHOOLS IN DELHI. If your Govt Officials are NOT available to work 24 hours then ask WE/US the Parents/ Parent Community and we will give 24 hours duty till all the draws are conducted in a fair manner & ALL LIVE ON TV for NEXT 3-4 Days.
Please Respected HC, You people also have children in your homes. Please have this decision & SAVE THE CHILDREN & PROVIDE THEM EQUAL RIGHTS BY IMPLEMENTING RTE.
@ Thanks All.
DOE CENTRALISED ADMISISON POLICY !!!
http://www.admissionsnursery.com/forum/topics/doe-centralised-admis...
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Alumni problem is extremely severe for parents who have studied in Central Schools. There are no kindergartens there and no points for alumni. So unless these parents happen to be working for central govt themselves, they can only hope to get in schools thru hefty donations under the present points system.
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Alumni problem is extremely severe for parents who have studied in Central Schools. There are no kindergartens there and no points for alumni. So unless these parents happen to be working for central govt themselves, they can only hope to get their children in schools thru hefty donations under the present points system.
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