Press Release

The Right of Children to Free and Compulsory Education Act, 2009

Amend Sections 18, 21 & 22

NEW DELHI, May 04, 2010, 10:40 Hrs (CBCI News):

We do appreciate the UPA Government’s efforts to spread universal education for all by passing the above said Act. We particularly welcome the inclusive thrust that the RTE ACT provides to enable all children of our country to get quality education. We are happy that there is a special focus given to provide for the disadvantaged children. This has been and continues to be a major focus in our Christian institutions all over the country. While catering to our Community, our institutions ensured members of all communities regardless of caste and creed got quality education. Persons of great eminence in various sectors of our society have acknowledged that their basic foundations were laid in our Christian Institutions.

However, we would like to point out the following sections which are discriminatory and violate the fundamental rights enshrined in the Article 30(1) of the Constitution of India.

Section 21 and 22 of the Act take way completely the right to administer the educational institutions established by the Church.

Art. 30(1) of the Constitution of India says: “All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.”
The Church has aided schools and unaided schools. This section is applicable to aided schools established and administered by the Church.
Section 21 (1) &The Model Rules 13(2) of the Act specifies the following: 75 % of the strength of the School Management Committee (SMC) shall be from amongst parents or guardians of children.

(3) The remaining 25 % of the SMC shall be from :
a) one third from elected members of the local authority, to be decided by the local authority
b) one third from the teachers from school, to be decided by the teachers
c) one third from amongst local educationist / children in the school, to be decided by the parents in the Committee.

The head teacher shall be the ex-officio Member – Convener of the SMC
The Minority Community that established the school has absolutely no say in its administration. The Principal is just a mere ex-officio Member –Convener. How unreasonable!

This Section 21 removes with one stroke the fundamental right guaranteed by Article 30 of the Constitution. “The right to administer consists of
1. To constitute a School Managing Committee
2. To appoint staff (teaching & non-teaching)
3. To set up a reasonable fee structure
4. To select and choose students
5. To use its properties and assets for the benefit of its own institution.”

Conf: The Ahmedabad St. Xavier’s College Society & Anr etc Vs State of Gujarat & Anr.1975). We can also refer to the Writ petition of St. Stephen's College Etc., Etc. vs The University Of Delhi Etc., Etc. on 6/12/1991.
The Minority educational institutions have the right to constitute Managing Committee of their own choice, granted by the Constitution and upheld by subsequent pronouncements of the Supreme Court.

Section 22 of the Act says to follow the directions of the Government in the SMC’s functioning. There is no freedom.

The Section 12 (3) of RTE Act makes it possible for the District Education Officer and the officers concerned with Education, to interfere in the administration of a school leading to harassment.

The Model Rules 11 (e) “the school is open to inspection by any officer authorized by the State Government/ Local Authority”. This will lead to unnecessary interference in the administration & fault finding to demand undue favours or put pressure on admissions in such schools.

Model Rules 11 (f) “the school furnishes such reports and information as may be required by the Director of Education/ District Education Officer from time to time and complies with such instructions of the State Government/ Local Authority as may be issued to secure the continued fulfilment of the condition of recognition or the removal of deficiencies in working of the school”. Here again, there is reason for continuous interference in administration and harassment of the minority institutions.

Model Rules 11 for the purpose of Section 18 of RTE Act says all private schools established before the commencement of this Act shall make a self declaration & fill up Form No.1 within a period of 3 months of the commencement of this Act , to apply for Recognition.

Section 37 of RTE Act “bars any suit or legal proceeding” against the Government or National or State Commission for child rights, local authority, School Management Committee or any person, “in respect of anything which is done in good faith or intended to be done in pursuance of this Act or any rules or order made there under”.

It takes away a citizen’s right to approach the court.

If the above mentioned amendments are not brought about, the Christian Community reserves its right to seek judicial remedy from the apex Court.

Dr. Joshua Mar Ignathios	Adv. Anjna Masih
Bishop of Mavelikara	Secretary of Commission
Chairman	Policy, Governance& Public Witness
CBCI Commission for Education & Culture	National Council of Churches in India