About

• The 86th Constitution Amendment Act inserted Article 21A in our constitution. Article 21A states that every child between the ages of 6 to 14 years has the right to free and compulsory education. The Right to Education Act (RTE), 2009, seeks to give effect to this amendment.
• The Act makes education a fundamental right of every child between the ages of 6 and 14 and specifies minimum norms in elementary schools. 
• The RTE Act provides for the:
  • Right of children to free and compulsory education till completion of elementary education in a neighbourhood school.
  • It clarifies that ‘compulsory education’ means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the six to fourteen age group. ‘Free’ means that no child shall be liable to pay any kind of fee or charges or expenses which may prevent him or her from pursuing and completing elementary education.
  • It makes provisions for a non-admitted child to be admitted to an age appropriate class.
  • It specifies the duties and responsibilities of appropriate Governments, local authority and parents in providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments.
  • It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs), buildings and infrastructure, school-working days, teacher-working hours.
  • It also provides for prohibition of deployment of teachers for non-educational work, other than decennial census, elections to local authority, state legislatures and parliament, and disaster relief.
  • It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite entry and academic qualifications.
  • RTE Act mandates a minimum of 25% free seats for children belonging to weaker sections and disadvantaged groups (EWS) in private unaided schools at the entry level.
  • To improve performances of children in schools, the Right to Education Act introduced the Continuous Comprehensive Evaluation (CCE) system in 2009 to ensure grade appropriate learning outcomes in schools.
  • In pursuance of Section 6 of the Act, the Central RTE Rules has notified the area or limits of neighbourhood as one kilometre, within which a primary school and 3 kilometre within which an upper primary school, has to be established. 
  • It prohibits (a) physical punishment and mental harassment; (b) screening procedures for admission of children; (c) capitation fee; (d) private tuition by teachers and (e) running of schools without recognition,
  • The Act provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child’s knowledge, potentiality and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centred learning.

Why in News?

• The Bombay High Court has quashed the Maharashtra government’s notification that exempted private schools within a one-kilometer radius of government or aided schools from Right to Education (RTE) Act quota admissions.
• The court held that the notification was “ultra vires” to Article 21 of the Constitution of India and provisions of the Right of Children to Free and Compulsory Education Act, 2009, also known as the RTE.

https://indianexpress.com/article/cities/mumbai/rte-quota-hc-junks-maharashtra-govt-notification-giving-conditional-exemption-private-schools-9463903/