MUMBAI, MARCH 17: Archbishop Ivan Dias today said Chief Minister Manohar Joshi has agreed to examine his objections to the implementation of the Pre-primary School Act. In a statement issued to the press after a meeting with the chief minister, the archbishop said, “In case of a disagreement, the option to seek redressal in court is open to both sides.”
He said in his meeting with Joshi he expressed his displeasure on the government’s move to put restrictions on the management quota in pre-primary schools. He said he made it clear that such an application was arbitrary as it could be applied only to aided and professional institution and not to pre-primary schools, which do not get any government aid.
The Archbishop said he has suggested amendments in the Act which would guarantee “the natural and internationally recognised right of a child to receive education in keeping with his physical, intellectual and psychological capability and social background, and the right of parents to choose the type ofeducation they desire for their children. His other suggestions include upholding the fundamental rights of minorities to establish and administer their educational institutions as guaranteed under Art.30 (1) of the Constitution of India. He said selection of students was a critical function of a school administration as pronounced in several Supreme Court decisions. Apart from other things, the Pre-primary School Act seeks to make it mandatory for pre-school centres to admit students residing in the same locality. “It could be clearly declared that the minority educational institutions are exempt from the purview of the Act under consideration,” the Archbishop maintained.
Another suggestion made by the Archbishop to the chief minister was the enforcement of the Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987 and to amend the Maharashtra Pre-School Centres (regulation of admissions) Act, 1996, so as to provide for prosecution of intermediaries who take donations for theirown benefit, while giving the parents the false impression that the donations were being taken by the school management.
He said he has given instructions to all catholic schools (members of the Mumbai Archdiocesan Board of Education) to ensure that they abide by the catholic church’s long-standing policy forbidding them from receiving donations at the time admissions. He has also directed that all cases contravening the order be reported promptly to his office with the relevant details.
The Archbishop denounced the state government’s reported affirmation that the constitutional rights bestowed on minorities by Article 30(1) to establish and to administer schools of their choice were not applicable to pre-school centres as these were not to be considered educational institutions.