(MOREPIC1) Face2News/Chandigarh
A team of the of the Forum for Weaker Sections, Mohali, Punjab on the issue of denial of minimum 25% admission in unaided Private Schools by the Punjab Government as per the Right to Education Act, 2009. On this issue media interaction was addressed by Onkar Nath, Additional Deputy Comptroller & Auditor General (Retired), T. R. Sarangal, IAS (Retired), Principal Secretary to Punjab Government, Fateh Jung Singh, Joint Director (Retd), Agriculture, Punjab & Kirpal Singh, Accounts Officer (Retd), AG Punjab, on Monday at Chandigarh Press Club.
The Right to Education was made a Fundamental Right in 2002 through 86th amendment of Indian Constitution. As per Article 21-A, the State shall provide free and compulsory education to all children from Pre-Nursery to 8th class.
The Right of Children to Free & Compulsory Education (RTE) Act 2009 was passed by the Indian Parliament. This Act was applicable with effect from 01.04.2010. As per Section 12 (1) (C) of RTE Act, 2009, the unaided private schools are required to admit minimum 25% children belonging to weaker sections & disadvantaged groups.
The Government of Punjab framed Punjab Right of Children to Free and Compulsory Education Rules (Punjab RTE Rules), 2011 as per its notification dated 10 October 2011. As per Rule 7(4) of Punjab RTE Rules, 2011, the students belonging to weaker sections and disadvantaged groups are required to first go to the Government schools for getting admission.
Such students can get admission in unaided private Government only after they are not able to get admission in Government schools. Importantly, admission in unaided private schools is possible only after getting NOC from a Government schools.
In fact, by passing RTE Act 2009, the Indian Parliament intended to empower the poor children with the right to quality education even beyond the Government system. However, by imposing illegal condition of NOC under Rule 7(4) under Punjab RTE Rules 2011, the very purpose of the provision made under Section 12 (1) (C) of RTE Act, 2009 has been defeated. By doing this, the Government of Punjab has bulldozed the RTE Act 2009 which resulted in the ‘intellectual genocide’ of poor students.
The Comptroller & Auditor General (CAG) of Indiahas also highlighted non-implementation of 25% admission of poor kids in private schools in Punjab in his audit report of 2016, which was submitted to Punjab Vidhan Sabha in 2017.
In the case of denial of admission of poor students against 25% seats in private unaided school (Dayanand Public School, Nabha), the Hon’ble Punjab & Haryana High Court had decided the case in 2017 in favour of the admission of poor students. Thus, this decision of the High Court has proved that Rule 7(4) of Punjab RTE Rules 2011 made by Punjab Government is illegal.
The National Commission for SCs had also issued directions in 2018 to withdraw illegal Rule 7(4) of Punjab RTE Rules. But the Government of Punjab did not bother to withdraw the same.
This is important to note that all the Indian States & UTs including UT Chandigarh, the Capital of Punjab, are implementing 25% admission to poor kids in unaided private schools. Even the Aam Admi Party Government of Delhi headed by Mr Arvind Kejriwal is also providing 25% admission to poor students in unaided private schools.(SUBHEAD)
The laws passed by Indian Parliament are supreme and the State Governments are duty bound to implement such laws. State Governments cannot make any law or rules contrary to the laws passed by the Indian Parliament. Article 254 of the Indian constitution provides that in case of a conflict between a central and a state law on the same subject, the provisions of the central law will prevail.However, the Punjab Government has not amended Punjab RTE Rules 2011 despite directions received from various authorities.
Due to imposition of illegal NOC condition, more than 10 lakh poor students have been deprived of quality education in private schools in Punjab during the last 13 years from 01.04. 2010 to 31.03.2023. This is a retrograde step for a progressive State like Punjab.
Various persons and organisations have been raising this issue with the Punjab Government through letters, appeals and representations etc. This issue has also been highlighted by the media from time to time. But the successive Punjab Governments of Punjab did not bother to withdraw the unconstitutional Rule 7(4) of the Punjab RTE Rules, 2011.
In the circumstances, Punjab Government is required to withdraw the unconstitutional Rule 7 (4) of Punjab RTE Rules 2011 as per the letter and spirit of the RTE Act 2009 so that the children belonging to weaker sections and disadvantaged groups are able to get 25% admission in private unaided schools of Punjab in the interest of fair play, justice and quality education.
