Reimbursement to unaided schools for EWS students - Maharashtra Rules violate RTE Act, 2009

Reimbursement to unaided schools for EWS students - Maharashtra Right of Children to Free and Compulsory Education (manner of reservation of seats for admission, in respect of elementary education, for children belonging to disadvantaged group and child belonging to weaker section) Rules, 2012 violate RTE Act, 2009

ALL INDIA PARENTS ASSOCIATION

Aggarwal Bhawan, G.T. Road, Tis Hazari, Delhi-110054

To
Secretary, School Education
Govt. of Maharashtra 

Jawahar Balbhawan,

Netaji Subhash Marg, Charni Road,
Mumbai-400004. 
16.06.2012

 

Subject: Deficiency in Maharashtra State Rules pertaining to RTE, 2009

 

Dear Sir,

This letter is to draw your attention towards the proviso contained in sub-rule (e) of Rule 7 in the Notification laying down State Rules related to Right of Children to Free and Compulsory Education Act, 2009 by the Government of Maharashtra. It is submitted that the aforementioned proviso is in conflict with the Act.

The impugned proviso is proviso (ii) of sub-rule (e) of Rule 7 of the Maharashtra State Rules. It states that "Provided further that, reimbursement for the children admitted in the pre-school shall be admissible when such child is admitted in Class I." However, sub-section (2) of Section 12 of the Act states that reimbursement shall be provided to all schools as mentioned in sub-clause (iv) of clause (n) of Section 2 of the same Act. Sub-section (2) states that if a school starts from pre-school level, then it is entitled to reimbursement from the same level.

It is submitted that Maharashtra Education Department is in gross violation of the Central Act by inserting an illegal proviso. This is an arbitrary and unconstitutional move on the apart of the Maharashtra Govt. which will act as a disincentive and shall work against the betterment of education in the state. Needless to say, it is a well settled law that rules cannot be framed contrary to the provisions of the Act. In the present case, the aforementioned proviso is not only contrary to the letter and spirit of RTE Act, 2009 but defeats the very object and provision of Section 12 of the RTE Act, 2009 with respect to 25% reservation of seats for poor children in unaided non-minority public schools.

We therefore request you to immediately rectify the serious deficiency in the Maharashtra State Rules as stated above with intimation to the undersigned.

With regards,

 

Ashok Agarwal, Advocate

Adviser, Social Jurist

M-9811101923