Page 24 - EW 1-156 May 2024

Education News

On the other hand, CBSE officials, private schools under
who in keeping with the culture the formula of the
of the ruling BJP dispensation in Act, private schools
Delhi, are invariably reluctant to have devised several
speak on record, contend that faster ways and means to
implementation of the switchover to avoid admitting poor
competency-based learning would children into their el-
be “very difficult” for small town and ementary classes.
rural affiliated schools. While the Supreme
Principals of most affiliated Court’s logic exempt-
schools tend to agree that this im- ing boarding schools
portant assessment and pedagogy re- from admitting poor
form has to be implemented gradual- children under s.12
ly. “We all accept the rationale of this (1) (c) is self-explana-
change introduced by CBSE as per Suraj Mandhare: justified tweaking tory, the definition of
NEP 2020 recommendations. But ‘minority schools’ has
change has to be gradual to enable (Central and state governments) to prompted considerable litigation.
schools to plan their teacher train- provide free and compulsory elemen- rivate school managements con-
ing and capacity building to teach tary (class I-VIII) education to all chil- Ptended that apart from institu-
children to develop critical thinking dren in the 6-14 age group. tions promoted by religious minori-
and problem-solving skills. A lot Moreover, under s.12 (1) (c) of the ties, schools promoted by linguistic
of practice will also be required for Act, all private aided and indepen- minorities of every state are also
students to get used to the changed dent schools are obliged to reserve 25 exempt. Thus a large number of pri-
format of questions which will neces- percent of capacity in class I for poor vate schools have successfully skirted
sitate study of concepts in detail children in their neighbourhoods, provisions of s.12 (1) (c). Moreover,
to score good marks,” says Dhriti and retain them free-of-charge until several state governments, especially
Malhotra, Director/Principal of the completion of class VIII. The expense in Uttar Pradesh, Karnataka and Ma-
Manav Rachna International School, of educating poor neighbourhood harashtra, further diluted s.12 (1) (c)
Gurugram. children thus admitted into private by amending Rules under the Act by
Given the country’s long tradi- schools is mandated to be paid by decreeing that private schools would
tion of rote-based learning, CBSE’s state governments on the basis of be exempt from admitting poor chil-
cautious assessment and pedagogy average per child cost incurred by dren if there is a government school
reform is prudent. More haste could government for educating children in within 1 km of poor neighbourhoods.
translate into less speed. public schools, or actual fee charged In April, a writ petition was filed
Autar Nehru (Delhi) by private neighbourhood schools, before the Nagpur Bench of the Bom-
whichever is less. bay high court by an NGO — Yavat-
MAHARASHTRA Inevitably this “backdoor nation- mal-based Parivartan Samajik Bahud-
Soft option Rule alisation” of 25 percent capacity of deshiya Sanstha — questioning the
private elementary schools was chal-
constitutional validity of this amend-
lenged in the Supreme Court. In So- ed Rule. The petitioner contends this
top priority of left — commu- ciety for Unaided Private Schools of Rule change further dilutes s.12 (1) (c)
nist, socialist — governments Rajasthan vs. Union of India & Anr and exempts private schools from the
A worldwide, is compulsory, (Writ Petition (C) No. 95 of 2010), responsibility of educating poor chil-
free-of-charge early years and prima- a three-judge bench of the Supreme dren in their neighbourhood as man-
ry education for children. Yet despite Court by a 2-1 majority upheld the dated by the RTE Act. The petitioners’
newly-independent India’s Congress constitutional validity of the RTE Act, plea was heard on April 24 by a bench
party passing a resolution in 1956 to 2009, and particularly s.12 (1) (c). constituted by Justices Nitin Sambre
establish a “socialist pattern of soci- However, the apex court exempted and Ajay Mantri, which issued notice
ety”, compulsory primary education private boarding and minority schools to principal-secretary of the school
wasn’t decreed until 2009 when an- from applicability of s.12 (1) (c). education department to file its re-
other Congress government at the Since then and especially after fi- sponse.
Centre enacted the landmark Right nancially stressed state governments Spokespersons of the Maharashtra
of Children to Free and Compulsory started foot-dragging on the issue of government justify this tweaking of
Education (RTE) Act, 2009. The RTE reimbursing the cost of poor neigh- RTE Act Rules. “Many government
Act makes it mandatory for the State bourhood children admitted into schools have upgraded their infra-

24 EDUCATIONWORLD MAY 2024