Remove restrictive provision of RTE rules: Ex-CAG officer to CM

“As per this rule, children eligible under the economically weaker and disadvantaged categories must first seek admission in government schools. Such students can approach unaided schools for admission only after getting NOC from government schools on the ground of non-availability of seats or other reasons,” former additional deputy comptroller and auditor general Onkar Nath said.

The Punjab government has faced flak for its failure to ensure 25% admissions for economically weaker and disadvantaged children in unaided private schools under the provisions of the Right of Children to Free and Compulsory Education (RTE) Act, 2009.

Nath said that this requirement contravenes the spirit and intent of the RTE Act, 2009 and effectively nullifies the constitutional right to education guaranteed to these children. (HT File)

Rule 7(4) of Punjab RTE Rules, 2011, came into question in a letter sent by former additional deputy comptroller and auditor general Onkar Nath to Prime Minister Narendra Modi and Punjab chief minister Bhagwant Mann. Nath stated that the Right To Education Act (RTE Act), 2009, passed by the Indian Parliament, ensures the right to free and compulsory education for all children under Article 21-A of the Constitution of India, being a fundamental right, and as per Section 12(1)(c) of this Act, unaided private schools are mandated to allocate at least 25% of their seats from Classes 1 to 8 to children belonging to weaker and disadvantaged sections of society. “The objective of this provision is to bridge the educational gap between affluent children and those from marginalised communities,” he added.

The former additional deputy CAG wrote that Rule 7(4) of the Punjab RTE Rules, 2011, framed by the Punjab government, has created a significant barrier to the realisation of this mandate. “As per this rule, children eligible under the economically weaker and disadvantaged categories must first seek admission in government schools. Such students can approach unaided schools for admission only after getting NOC from government schools on the ground of non-availability of seats or other reasons,” he added.

Nath said that this requirement contravenes the spirit and intent of the RTE Act, 2009 and effectively nullifies the constitutional right to education guaranteed to these children. He said this rule is inconsistent with the provisions of Section 12(1)(c) of the Act, which does not impose any such prerequisite for admission in unaided private schools, and as a result of this restrictive provision, no child from weaker and disadvantaged sections of society in Punjab has been admitted to unaided private schools under the minimum 25% norms since the RTE Act came into effect.

The retired officer urged their urgent intervention to amend Rule 7(4) of the Punjab RTE Rules, 2011, to remove the prerequisite of seeking admission in government schools before approaching unaided private schools and to ensure the effective implementation of Section 12(1)(c) of the RTE Act, 2009, in letter and spirit across the state.