Friday, April 13, 2012

Landmark Ruling

Have you an opinion about the Supreme Court's approval and order to expedite the implementation of Section12(1)(c) of the RTE Act?
We would love to hear what you think!

2 comments:

Purvs said...

A statement by RTE Forum Convener Ambarish Rai on the Supreme Court judgment on reservation of 25 per cent seats for children from the EWS group:

"The Right to Education Forum has welcomed the judgement of the Hon’ble Supreme Court which makes it mandatory for government, local authority and private schools to reserve 25 per cent of their seats for economically weaker sections. Supreme Court has established the value of social justice and principles of Equality enshrined in our constitution, once again. We welcome this decision as a step towards bringing in greater equality of opportunity for all children in India. It is a great victory for the underprivileged children of our country and will ensure their right to education. The Supreme Court’s verdict has validated the stand that education is a basic constitutional right of every child whether it is in private or government institutions. It would have been good if unaided minority institutions not financially supported by the government and boarding schools could be covered.
Now the operationalisation of Supreme Court Verdict is a matter of concern and big challenge to make RTE, Act a reality in regard to realization of 25% reservation for EWS category. After all, the private schools contested the right of children from the EWS group to free and compulsory education. Currently, many schools provide education for EWS children in separate shifts that run at a different time in the school with a different set of teachers. We do not accept this. Poor children have the right to the same quality of education as others, which they should get in the same classroom, alongside children from economically stronger families. This will honour the judgment in its true spirit and help build a strong foundation for children from the EWS group."

Purvs said...

Response to Ambarish Rai's statement:

It is difficult to agree with the statement of Mr. Ambarish Roy and RTE Forum on many counts. We (AIFRTE) also welcome the Judgement of the supreme court upholding the 25% reservation in private non minority unaided schools for the economically weaker sections. We welcome this judgement not because we believe that "It........ will ensure their right to education" as Ambarish Roy states. We welcome this judgement because it states that the state (government) can cause reasonable restrictions on private unaided educational institutions in the larger interest of the society. However, the Judgment, in total is based on half baked concept of equality.

In Andhra Pradesh 82 Lakh students are studying in Government schools. majority of the government schools are in very bad shape. Implementation of RTE Act could not develop them. 51 Lakh students are studying in private unaided schools. Majority of the private unaided schools are running with low budgets and in bad shape. They neither provide any quality education. Regulations of RTE Act could not bring any change in them. Only a 10% of the private schools are giving quality education, quality as defined by market, of course!. 17 Lakh students are outside any school even after the implementation of RTE Act for two full years in Andhra Pradesh. Out of 150 Lakh children in AP, in 6 to 15 age group, only 5 Lakh students are getting the so called quality education from class one to ten . This is the same before the Act and also after the implementation of the Act for two full years. We appeal to the progressive people of this country to understand that the Act is impotent to either develop government schools are to regulate private schools.

25% reservation: Let us take the example of Andhra Pradesh given above. Every year 5 Lakh students are joining in class one in private unaided schools. According to Judgement which upheld related provisions of the Act, private schools have to take 25% of their intake, in class one every year, from economically weaker sections in the neighborhood. It makes one Lakh 25 thousand students. On the other hand, 8 Lakh students join in government schools every year. They all belong to weaker sections. Now, 1 Lakh and 25 thousand students of these 8 Lakh students will go to private schools. What about the rest of the students. 6 Lakh 75 thousand students from weaker sections will have to continue in government run schools only which all could not be developed by the Act. Leave alone them, even those 1 Lakh 25 thousand students who all go to private schools will not get even the so called quality education. Good private schools admissions will be only 10% of them. They will be around 12,500 students each year. After 8 years, if the act is implemented in better off private schools also, only 1 Lakh out of 82 Lakh children from poor families will get the so called quality education in better off unaided private schools. Then why this euphoria!


Friends of the people should demand for abolition of commercialisation in education and establishment of common school system. Please stop praising the Right To Education Act which has no substantial provisions for development of government schools and regulation of private schools, even.

Ramesh Patnaik
All India Forum for Right To Education