The UT education department has sent a show-cause notice to Vivek High School, Sector 38, for violating the Right to Children to Free and Compulsory Education (RTE) Act 2009 by not admitting students belonging to economically weaker sections (EWS) in its primary classes.
The school had not participated in the centralized admission process, conducted by the UT education department for the last academic session, thus inviting the action.
The notice comes days before UT is to start the admission process for the upcoming session (2024-25).
The school, which was given time until December 18 evening, has filed its reply. The department is now mulling on the action to be taken against it.
School is to set aside 28 seats for EWS students this year
As per the education department’s notice, which was sent to Vivek High School, through their trust Bhagwant Singh Charitable Trust, New Delhi, last week, the school continues to be violating the RTE Act and its binding land allotment obligations by not granting admission to EWS students.
While noting the school’s non-participation during the previous admission session, the department observed that it had not consented to participate this year either.
As per the notice, Vivek High is to set aside 28 seats (25% of its total seats in primary classes) for EWS students this year.
The department has asked the school why punitive action should not be taken against it for the violation.
UT school education director Harsuhinderpal Singh Brar said, “We have received the school’s reply. It will be reviewed, and a decision will be taken shortly.”
School yet to get recognition under RTE, claims Mamik
When contacted, Vivek High’s chairperson HS Mamik claimed that the school was yet to get recognition under the RTE Act after it was implemented here in 2013. He said that the school had applied for recognition in 2013, but the inspection for the same was carried out only after 10 years, ie in March this year.
He further alleged that the report of this inspection had not been provided to the school.
The school has also made a plea that they are ready and willing to admit EWS students in entry-level classes, but the department has allegedly not written back to the school after they had asked for the modalities and time frame of reimbursement. The school further added that their case regarding their status as a Sikh minority institute is pending in the high court and their appeal is listed for hearing on January 4, 2024.
Mamik said the school follows the Montessori system as per which children can start classes as early as 18 months of age. Later from Class 1, they come at par with the other school students under the National Education Policy. He said that students in the centralized draw-of-lots will be ineligible age wise and the department can send them students as per their age criteria.
St Kabir’s case
St Kabir Public School, Sector 26, had also not admitted EWS students, resulting in its ‘derecognition’ by the department. The school had then gone to the Punjab and Haryana high court and secured a temporary stay on the derecognition and permission to conduct admissions from the 2024-25 session.
Sources say the move against Vivek High came after St Kabir was forced to move court and later gave in writing that it would admit EWS students. The department is likely to pursue the same course of action against Vivek High.
As per information, the EWS admissions for the next session is likely to commence from December 26 and the portal for centralized admissions in government schools is also likely to open from this date. The seat allocation will be done by the department through its portal.
‘Minority’ schools case
In 2012, the Supreme Court had ruled that schools with minority status were not obligated to reserve 25% seats for the EWS category under the RTE Act, which was followed by a spurt in cases of schools seeking minority status.
As per UT administration’s submissions in HC previously, educational institutes in the city were allocated land on leasehold basis under a 1996 scheme, according to which they were required to admit 5% students as part of social responsibility from EWS category without charging any dues. The 5% limit was increased to 15% in 2005, and covered all schools that got land prior to this policy or after the notification of the policy.
In view of this, minority status schools are not entitled to any reimbursement, while the non-minority schools will be reimbursed for only 10% of EWS students, UT has been maintained.
It has also challenged the minority status of five schools in high court, which is at various stages of adjudication.