Right to Education Act
What is the Act about?
➡️ 1. Every child between the ages of 6 to 14 years has the right to free and compulsory education. This is stated as per the 86th Constitution Amendment Act via Article 21A. The Right to Education Act seeks to give effect to this amendment
➡️ 2. The government schools shall provide free education to all the children and the schools will be managed by School Management Committees (SMC). Private schools shall admit at least 25% of the children in their schools without any fee.
➡️ 3. The National Commission for Elementary Education shall be constituted to monitor all aspects of elementary education including quality.
Main Features of Right to Education (RTE) Act, 2009
➡️Free and compulsory education to all children of India in the 6 to 14 age group.
➡️No child shall be held back, expelled or required to pass a board examination until the completion of elementary education.
➡️If a child above 6 years of age has not been admitted in any school or could not complete his or her elementary education, then he or she shall be admitted in a class appropriate to his or her age. However, if a case may be where a child is directly admitted in the class appropriate to his or her age, then, in order to be at par with others, he or she shall have a right to receive special training within such time limits as may be prescribed. Provided further that a child so admitted to elementary education shall be entitled to free education till the completion of elementary education even after 14 years.
➡️Proof of age for admission: For the purpose of admission to elementary education, the age of a child shall be determined on the basis of the birth certificate issued in accordance with the Provisions of Birth. Deaths and Marriages Registration Act 1856, or on the basis of such other document as may be prescribed. No child shall be denied admission in a school for lack of age proof
➡️ A child who completes elementary education shall be awarded a certificate.
Call need to be taken for a fixed student–teacher ratio.
➡️ Twenty-five per cent reservation for economically disadvantaged communities in admission to Class I in all private schools is to be done.
➡️ Improvement in the quality of education is important.
➡️ School teachers will need adequate professional degree within five years or else will lose job.
➡️ School infrastructure (where there is a problem) need to be improved in every 3 years, else recognition will be cancelled.
➡️ Financial burden will be shared between the state and the central government.
The Supreme Court upheld the constitutional validity of Right of Children to Free and Compulsory Education Act, 2009, on April 12, 2012 and directed every school, including privately-run ones, to give immediately free education to students from socially and economically backward classes from class-I till they reach the age of 14 years.
The court threw out the challenge by private unaided schools to Section 12(1)(c) of the Act that says every recognized school imparting elementary education, even if it is an unaided school not receiving any kind of aid or grant to meet its expenses, is obliged to admit disadvantaged boys and girls from their neighbourhood.