Although a spate of writ petitions have been filed on behalf of the managements of India’s 115,620 private independent/unaided schools against the Right to Free and Compulsory Education Act, 2009 (aka RTE Act), their prime apprehension is government — especially state and/or local government — interference with the academic and administrative autonomy of their institutions. Though some independent school manage-ments have voiced strong opposition to s. 12 (1) (c) which requires them to annually admit poor children from their neighbourhood to the extent of 25 percent of capacity in class I and retain them until completion of class VIII, opinion on this provision is divided within the independent schools community with some stakeholders in favour of this provision in the interests of creating student body diversity in the classrooms of elitist independent schools.
Nevertheless the general consensus seems to be that rather than the Act itself, the threat to the academic and administrative autonomy of independent schools is from the Rules drawn up under the RTE Act by state and local governments. For instance in the southern state of Karnataka (pop. 57 million), the draft Rules drawn up by the Forum of Karnataka Retired Education Officers confer vast powers of inspection, supervision and punishment on officials of the state and local governments. And the indications are that the Rules drawn up to implement the RTE Act in other states are only marginally, if at all, different.
Given hereunder are suggestions to dilute some provisions of the RTE Act and Rules thereunder, to make this historic legislation acceptable to private school managements, parents, teachers and other stakeholders, including NGOs whose co-operation is essential to raise teaching-learning standards in Indian education.
S. 12(1) (c). Under this provision independent schools are obliged to admit poor children from their neighbourhoods into class I to make up 25 percent of class strength. Recommendation: Independent school managements should be empowered to liberally define the ‘neighbourhood’ catchment area. Moreover they should be permitted to select the poor children to be admitted.
S. 13 (1). This section prohibits all schools from collecting capitation fees for admission and screening procedures. Recommendation: Independent schools should be permitted to screen and select poor neighbourhood children for admission to maintain education standards.
S.16. Prohibits even non-performing primary school children from being held back or expelled till completion of elementary education. Recommendation: This provision should be amended to permit holding back for academic failure and expulsion for serious breach of discipline.
S. 18 (1). Prohibits promotion of private schools without authority of state/local government. Recommendation: This section should be repealed as the country needs all the schools it can get. Moreover it encourages bribery and rent-seeking.
S. 19. Prohibits establishment or promotion of schools without infrastructure set out in the Schedule to the RTE Act, and requires already established primaries to come up to scratch within three years. Recommendation: Infrastructure norms should be made flexible to accommodate low-end private budget schools in urban slums and village India. Established budget school managements should be given access to low-interest finance for upgradation.
S. 21(1). All government and aided schools (excluding independents) are obliged to constitute School Management Committees (SMCs) comprising 75 percent parents, elected local government officials, and teachers to monitor their operations and draw up a school development plan. Recommendation: SMCs’ powers should be expanded to hire, fire and penalise teachers for absenteeism and non-performance.
S. 29(1). Authorises appropriate government to draw up elementary education curriculum and student evaluation procedure. Recommendation: This section should be repealed as the curriculum is prescribed by the affiliating exam board and evaluation is made by trained teachers.
S. 37. This provision protects the Central, state and local authorities, SMCs and sundry others from legal proceedings for acts of commission and omission. Recommendation: It should be repealed in the interests of making institutions and individuals responsible and accountable.
Miscellaneous. Rule 8 (5) of the Karnataka draft Rules authorises the state government to “grade every private school based on the facilities provided by the school and fix the scale of fee based on a well defined formula”. Recommendation: Eliminate. It contradicts the Supreme Court’s judgement in T.M.A. Pai Foundation vs.Union of India (2002) (8 SCC 481).