Private schools seek clarification on admission of marginalised children under Right to Education Act in Andhra Pradesh

Silence on the part of the government is leading to confusion among students, parents and school managements, as they are unable to decide on their course of action, says federation

In response to a petition filed by members of the United Private Educational Institutions Federation, the Andhra Pradesh High Court has set aside a notification issued by the previous YSR Congress Party (YSRCP) in the academic year 2022-23, allotting 25% seats in private unaided schools free of cost to children from marginalised communities in the State under Section 12 (1) (C) of the Right to Free and Compulsory Education Act, 2009.

Arguing that the notification, and a subsequent G.O. (No. 24) issued in February, 2023 framing guidelines for implementation of the provisions of the Clause 12 (1) (C) are not in consonance with the parent Act, the federation members have asked the government to clarify if it would hold talks with them and plug the gaps or allow them to send students who were admitted under this Act, out of their respective institutions, by December 31, 2024.

Federation chairman D. Durga Srinivasa Rao said the allotment letters pertaining to students who were admitted in private schools under this clause clearly indicated that any admissions made were subject to the outcome of their writ petitions pending before the High Court then. He said now that the court had set aside the notification and the subsequent G.O., the government should clarify its stand on the issue.

“If the government wanted the students to be retained in their schools, the quantum of fee reimbursement that would be applicable to each of these students should be fixed immediately and the government should hold talks with all the stakeholders. Or else, we should be allowed to send back students admitted under the Act from our respective institutions,” the federation chairman told The Hindu.

Mr. Srinivasa Rao said silence on the part of the government was leading to confusion among students, parents and school managements, as they were unable to decide on their course of action. “Parents of such students have been asking us for clarity but we have no answers, as the government has not clarified its stand on the issue,” said Mr. Srinivasa Rao.

The petition filed by the federation argued that the government had failed to exercise due diligence, as the notification was issued in the middle of the academic year, contrary to the norm that it should be issued two months prior to the commencement of the academic year. Statutory formalities related to constitution of a committee to work out the modalities for implementation of the Act were ignored, it pointed out, adding that the notification was silent on reimbursement of the tuition fee for the 25% students who were admitted to private schools.

“No proper home work was done before issuing the notification, which was a mere eye-wash to dodge contempt proceedings initiated against the government for non-implementation of the court’s decision in response to a writ petition filed in 2017,“ it said.

Citing Section-B of the Standard Operating Procedure dealing with ‘Preparatory Phase’ issued by the Centre in order to give effect to the Right to Education Act in a meaningful manner, the petitioners said that it was also given the go-by.

They said the ‘readiness of the school’, the mandatory conduct of an orientation and training of the school authorities on the admission procedure, documentation required, lottery system to be followed and information to be disseminated in each district, which were essential parts of the implementation of the Act, were completely overlooked.

Published - October 23, 2024 09:09 pm IST