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This is an archive article published on November 10, 2011

Quota in schools: NGO to file PIL against state

An NGO has threatened to file a public interest litigation against the state government,which is yet to issue circulars about the implementation of 25 per cent reservation in schools for the economically weaker sections of society under the Right to Education Act.

*Alleges it is deliberately delaying implementation of RTE Act

An NGO has threatened to file a public interest litigation (PIL) against the state government,which is yet to issue circulars about the implementation of 25 per cent reservation in schools for the economically weaker sections of society under the Right to Education (RTE) Act. The NGO,Forum for Fairness in Education (FFE),alleges that the state has failed to notify the rules of RTE and further implement it.

The state had decided to notify the rules under RTE after it was passed in the state Cabinet in September this year. However,no circular or notification has been issued since then.

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Many private and unaided schools have already started issuing kindergarten admission forms or will do so before the end of this year. FFE says the government is deliberately delaying the implementation of the Act and they fear that rules of RTE will not be implemented even this year.

Jayant Jain,president of FFE,said,“It seems the state is not willing to implement the 25 per cent reservation clause under the RTE Act. We feel they are being forced by fellow politicians,who own schools and also the managements. There is already a case going on in the Supreme Court,filed by private and unaided schools. We fear that due to all this,there will be a delay in notifying the rules in the state and further delay in implementation. As of now,there is no stay on the implementation of RTE and so the state government can go ahead with it.”

The Centre has already cleared the RTE Act and many states,bar Jammu and Kashmir,have implemented it. Compulsory reservation of 25 per cent seats for economically backward children was passed in the state Cabinet,which means even international schools have to abide by the quota.

Jain added,“We have already issued two legal notices to the government. However,we have not received any reply yet. We are left with no other option but to move the court.”

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Meanwhile,uncertainty and confusion continue among the private and unaided schools about reserving 25 per cent of seats in their schools. Many private schools have already voiced its concern and opposed the clause. Some of the schools have already challenged the Act in the Supreme Court.

The principal of a school in Bandra said,“We are not sure if we need to follow the RTE guidelines for preschool as the Act applies to students from 6-14 years. We will invite applications from the last week of November,but start the admission process only in January 2012.”

Another principal said,“Not a single child from economically backward section approached us last year. And even if we manage to provide admissions to such kids for free,who will bear the expenses? We do not get any kind of aid or grant from the government.”

State Education Minister Rajendra Darda said,“The state Cabinet had already passed the rules under the RTE Act and will soon issue circulars. The schools will have to follow the rules.”

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