Will partially reimburse schools for expenses on EWS pupils: UT

The UT Administration will only reimburse expenditure incurred on 10% of the 25% students belonging to the economically weaker section (EWS) who have gotten admission in private, unaided schools in Chandigarh under the 2009 Right to Education Act. With this, the private schools will have to continue bearing the expenses on the education of 15% EWS students.

The Director School Education (DSE), HPS Brar, passed a speaking order on April 21 to resolve the contentious issue, which was also pending before the Punjab and Haryana High Court.

In the 21-page order, a copy of which was made available to The Tribune on Thursday, Brar said, “A harmonious reading of Section 12(C) of the RTE Act, Clause 18 of the Scheme of 1996 and memo dated May 8, 2014, issued by the Chandigarh Administration makes it abundantly clear that there is a duty cast on the schools to admit EWS/disadvantaged group (DG) students to the extent of at least 25% under the RTE Act and to admit EWS students to the extent of 15% under the Scheme of 1996.”

The order further stated that as per second proviso to Section 12(2) of the RTE Act, the reimbursement of expenses per child cannot be claimed by a school to the extent it was under an obligation to provide free educationto a specified number of children on account of having received any land/building/ equipment or other facility, either free of cost or at a concessional rate.

What rules say

As per Section 12(1) of the RTE Act, non-minority private unaided schools are obligated to reserve up to 25% seats in entry class for EWS/DG of the society, while private unaided schools, irrespective of their status (minority/non-minority), are obligated under Clause 18 of the Scheme of 1996 to admit children under EWS category equivalent to 15% of the strength at entry level and later extended to further classes. As per the Scheme of 1996, private unaided/minority/ non-minority schools are obligated to reserve 15% seats up to Class XII for EWS students.

“The legislature, while enacting the RTE Act, was conscious of the fact that under the scheme of allotment of land, etc, there are conditions imposed for providing education to specific percentage of students belonging to EWS/DG category at concessional rate and this is evident from the second proviso below Section 12(2) of the RTE Act,” the DSE noted, while allowing the reimbursement of the per child expense claimed by the non-minority private unaided schools in the UT only up to 10% for having received/ allotted land at a concessional rate.

Referring to the policy of neighbourhood schools under the RTE Act and Rules, Brar said the objective behind such an obligation under Section 12(1)(C) of the Act was to achieve the constitutional goal of inclusive elementary education. “The purpose of the RTE Act cannot be defeated only on the grounds that no neighbourhood school is available and consequently deny the admission on this ground,” he ordered.

The DSE was of the view that a school has no vested right to insist that all EWS/DG seats in government/aided schools be filled first and only thereafter, EWS/DG students, if any, be allocated to the private schools. “The entire scheme of allocation of EWS/ DG students as well as concept of neighbourhood schools under the RTE Rules envisage a right of making a choice at the hands of parents of a minor child,” he opined, while ruling that the state cannot force the parents of EWS students to get the child admitted in neighbourhood government school only and bar their right to get the child admitted to private unaided school in the neighbourhood.

Turning down the claim of Vivek High School for reimbursement of cost per child for entry class at Montessori toddlers with children aged 18 months to 2.5 years, the Administration averred that as per the RTE Act, the pre-primary education starts at three years of age and further, the National Education Policy, 2020, also recognises pre-school education with effect from three years and above. “Therefore, entry class admission in Vivek High School shall be 3 plus years of age in pre-primary 1 and reimbursement of costs will accordingly be made starting from this age group,” the order said.

Chandigarh