CHAPTER NO.

1
INTRODUCTION

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 INTRODUCTION:

Illiteracy is our sin and shame and must be liquidated

By Mahatma Gandhi

The Right to Education is a universal entitlement to education, a right that is

recognized as a human right. The right to education is enshrined in Article 26 of the
Universal Declaration of Human Rights and Article 13 and 14 of the International Covenant
on economic, social and cultural rights. The present act has its history in the drafting of the
Indian Constitution at the time of Independence but as more specifically to the Constitutional
Amendment (86th) that include the Article 21A in the Indian Constitution making education
a fundamental right. This amendment, however, specified the need for a legislation to
describe the mode of implementation of the same which necessitated the drafting of a
separate Education Bill. The rough draft of the bill was composed in the year 2005. It
received much opposition due to its mandatory provision to provide25% reservation for
disadvantaged children in private school. The Sub-Committee of the Central Advisory Board
of Education which prepared the draft bill held this provision as a significant prerequisite for
creating a democratic and equalitarian society. The Bill was approved by the Cabinet on 2nd
of July 2009. RajyaSabha passed it on 20th July and LokSabha on 4th August, 2009. It
received Presidential assent and was notified as law on 3rd September, 2009 as the Childrens
Right to Free and Compulsory Education Act. The law came into effect in the whole of India
except the Jammu and Kashmir State from 1st April, 2010. The first time in the history of
India a law was brought into force by a speech by the Prime Minister.
This Act ensures The Right to Education is a universal entitlement to education, a right
that is recognized as a human right. The right to education is enshrined in Article 26 of the
Universal Declaration of Human Rights and Article 13 and 14 of the International Covenant
on economic, social and cultural rights. The present act has its history in the drafting of the
Indian Constitution at the time of Independence but as more specifically to the Constitutional
Amendment (86th) that include the Article 21A in the Indian Constitution making education
a fundamental right. This amendment, however, specified the need for a legislation to
describe the mode of implementation of the same which necessitated the drafting of a
separate Education Bill. The rough draft of the bill was composed in the year 2005. It

2
received much opposition due to its mandatory provision to provide 25% reservation for
disadvantaged children in private school. The Sub-Committee of the Central Advisory Board
of Education which prepared the draft bill held this provision as a significant prerequisite for
creating a democratic and equalitarian society. The Bill was approved by the Cabinet on 2nd
of July 2009. Rajya Sabha passed it on 20th July and LokSabha on 4th August, 2009. It
received Presidential assent and was notified as law on 3rd September, 2009 as the Childrens
Right to Free and Compulsory Education Act. The law came into effect in the whole of India
except the Jammu and Kashmir State from 1st April, 2010. The first time in the history of
India a law was brought into force by a speech by the Prime Minister. This Act ensures that
all children between 6-14 years have access to free and quality elementary education.
RTE is the first legislation in the world that puts the responsibility of ensuring
enrollment, attendance and completion on the government. The fulfillment of the right to
education can be assessed using 4As framework which asserts that for education to be a
meaningful right it must be available, accessible, acceptable and adaptable.

Availability---funded by government, education is universal free and compulsory.

Accessibility---all children should have equal access to school services regardless of

gender, race, religion, ethnicity or socio-economic status.

Acceptability---the quality of education provided should be free of discrimination,

relevant and culturally appropriate for all students.

Adaptability---educational programme should be flexible and able to adjust according

to society changes and the needs of the community.

Main features of Right to Education Act 2009

Free and Compulsory education to all the children of India in the 6-14 age group

No child shall be held back, expelled, or required to pass a board examination until
completion of elementary education.

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 A child above 6 years of age, who has not been admitted in any school or though
admitted, could not complete his or her elementary education, then, he /she shall be
admitted in a class appropriate to his or her age. Further a child so admitted to
elementary education shall be entitled to free education till 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 provision of the Births, 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.

It calls for a fined student-teacher ratio.

This act will apply to all of India except J&K.

Provides for 25%reservation for economically disadvantaged communities in

admission to class one in all private schools.

Mandates improvement in quality of education.

School teachers will need adequate professional degree within five years or else will
lose job.

School infrastructure (where there is problem) to be improved in three years, else

recognition cancelled.

Financial burden will be shared between Central and State government. The Centre
shall contribute 65%and the balance 35% shall be borne by the States.

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 The Act provides for a special organization, the National Commission for the
protection of
Child Rights, an autonomous body setup 2007 to monitor the implementation of the
act, together with Commissions to be set up by the States. In the Indian Constitution,
education comes under the purview of the States, and Act has made state and local
bodies accountable for the implementation.

Thus, through the RTE Act, the government has made a promise to millions of
children to provide educational facilities. It ensures that every child is equal before
law and all of them should have access to the same quality of education.

Duties of Appropriate Government:

The central and state governments shall have concurrent responsibility for providing
funds for carrying out the provisions of this Act.
The Central Government may make a request to President to make a reference to the
Finance Commission of India to examine the need for the additional resources to be provided
to any State Government so that the said State Government may provide its share of funds for
carrying out the provision of the Act. The Central / State Governments and Local Authority
shall;

a) Develop a framework of national curriculum with the help of academic authority.

b) Develop and enforce standards for training of teachers.

c) Provide technical support and resources to the state government for promoting innovations,
researches, planning and capacity building.

d) Providing free elementary education and ensuring the admission to every child of the age
group of 6 to 14 years.

e) Ensuring and monitoring the admission, attendance and completion of elementary

education by every child.

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Ensure that the child belonging to weaker section and disadvantaged group are not
discriminated against and prevented from pursuing and completing elementary education on
any grounds.

Protection of Right of Children by National or State Commissions: The National or

State
Commission for Protection of Child Rights constituted under section 3 and 17 respectively
shall,, in addition to the functions assigned to them under Act, also perform the following
functions;
a) Examining and reviewing the safeguards for rights provided by or under this act and
recommend measures for their effective implementation.

b) Inquiring in to complaints relating to childs right to free and compulsory education; and

c) Taking necessary steps for protection of children rights.

The National or State Advisory Councils: The Central/ State Governments shall
constitute, by notification, a National/ State Governments Advisory Council, consisting of
such number of members, not exceeding fifteen, as the Central/State Governments has deem
necessary, to be appointed from amongst persons having knowledge and practical experience
in the field of elementary education and child development .The functions of the
Central/State Advisory Council shall be to advise the Central/State Governments on
implementation of the provisions of the Act in an effective manner.

School Management Committee: School Management Committee consisting of the

elected representatives of the local authority, parents or guardians of children admitted in
such school and teachers. In the committee, at least th of members shall be parents or
guardians and 50% women and proportionate representation to the parents or guardians of
children belonging to disadvantaged group and weaker section.

Responsibilities of Schools: The act lays down specific obligations for school;

a) No school or person shall, while admitting a child, collect any capitation fee and subject
the child or his or her parents or guardian to any screening procedure.

b) No child shall be denied admission in a school for lack of age proof.

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c) No child admitted in a school shall be held back in any class or expelled from school till
the completion of elementary education.

d) No child shall be subjected to physical punishment or mental harassment.

Teachers Qualifications and duties: The teachers, subject to rules made by appropriate
governments, act as hub of the RTE. As per the Provision 23 of the act: Any person
possessing such minimum qualification, as laid down by an academic authority, authorized
by the central government, by notification, shall be eligible for appointment as a teacher. Any
teacher who, at the commencement of this Act, does not possess minimum qualifications as
laid down under Sub-section (1), shall acquire such minimum qualifications within a period
of five years. The salary and allowances payable to, and the terms and conditions of service
of teachers shall be such as may be prescribed. A teacher shall perform the following duties,
namely:

a) Maintaining regularity and punctuality in attending school;

b) Completing the curriculum in accordance with provisions of Sub-sections (2) of section

29;

c) Completing entire curriculum within the specified time;

d) Assessing the learning ability of each child and accordingly supplement additional
instructions if any, as required;

e) Holding regular meetings with parents and guardians and apprise them about the regularity
in attendance , ability to learn, progress made in learning and any other relevant information
about the child; and

f) No teacher shall engage himself in private tuition or private teaching activity. s that all
children between 6-14 years have access to free and quality elementary education.

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INTERNATIONAL CONVENTION ON RIGHTS OF THE CHILD:

Many international human rights standards and instruments have application to

education. Those most directly relevant include the following.

Universal declaration of human rights:

Article 26
1. Everyone has the right to education. Education shall be free, at least in the elementary
and fundamental stages. Elementary education shall be compulsory. Technical and
professional education shall be made generally available and higher education shall be
equally accessible to all on the basis of merit.
2. Education shall be directed to the full development of the human personality and to
the strengthening of respect for human rights and fundamental freedoms. It shall
promote understand, tolerance and friendship among all nations, racial or religious
groups, and shall further the activities of the united nations for the maintenance of
peace.
3. Parents have a prior right to choose the kind of education that shall be given to their
children.

Relevant legislative provision:

Constitutional provision:

Article 21A Right to education

The constitution eighty sixth amendment act 2002, created a history in field of
education in the field of education as a landmark of right to education in India. A new article
21A inserted that states, the state shall provide free and compulsory education to all children
of the age of six to fourteen year in such manner as the state may by the law determine

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Article 26 Freedom to manage religious affairs

Article 26(a) provides the right to establish maintain educational institutions for
religious charitable purpose subject to limitations prescribed under Article 26(1), public order
morality and health, every religious denominations or any section there shall have the right.

Article 29 protection of interest of minorities

Article 29(2) the right to establish and maintain educational institutions. No citizen
shall be denied admission into any educational institutions maintained by state or receiving
aid out of state funds on ground only of religion, race, caste, language, or any of them.

Article 30(1)

The right of religious and linguistic minorities to establish and administer educational
institutions for their choice. Art. 30(1) also provides a basis and opportunity for education.

Article 45 provision for free and compulsory education for children.

(1) the state shall endeavor to provide, within period of ten years from the
commencement of this constitution, for free and compulsory education for all children
until they complete
the age of fourteen years.

(2) The state shall endeover to provide early childhood care and education for all children
until they complete the age of six years.

(EIGHTY SIXTH AMENDMENT ACT, 2002)

Article 46 promotion of educational and economic interests of scheduled castes,

scheduled tribes and other weaker sections

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 The state shall promote with special care the educational and economic interests of
the weaker sections of the people, and, in particular, of the scheduled casts and scheduled
tribes, and shall protect them from social injustice and all forms of exploitation.

Article 51A(k) fundamental duty

Who is a parent or guardian to provide opportunities for education to his child or, as
the case may be, ward between the age of six and fourteen years.
(EIGHTY SIXTH AMENDMENT ACT, 2002)

The right of children to free and compulsory education act, 2009

Provides for free and compulsory education to all children of the age of six to fourteen
years.The Right of children to Free and Compulsory Education Act came into force from
April 1, 2010. This is was a historic day for the people of India as from this day the right to
education will be accorded the same legal status as the right to life as provided by Article
21A of the Indian Constitution. Every child in the age group of 6-14 years will be provided 8
years of elementary education in an age appropriate classroom in the vicinity of his/her
neighbourhood. Any cost that prevents a child from accessing school will be borne by the
State which shall have the responsibility of enrolling the child as well as ensuring attendance
and completion of 8 years of schooling. No child shall be denied admission for want of
documents; no child shall be turned away if the admission cycle in the school is over and no
child shall be asked to take an admission test. Children with disabilities will also be educated
in the mainstream schools. The Prime Minister ShriManmohan Singh has emphasized that it
is important for the country that if we nurture our children and young people with the right
education, Indias future as a strong and prosperous country is secure.

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CASE LAWS

Making india educated, judiciary of India has explained the concept of education, as
the constitution holds in itself, by delivering various decisions. In this chapter, we find how
judiciary explained all these things.

Ms. Mohini Jain v State of Karnataka and others:

The Supreme Court observed in Ms. Mohini Jain v State of Karnataka and
others7 that the directive principles which are fundamental in the governance of the country
cannot be isolated from the fundamental rights guaranteed under Part III of the Constitution.
Without making right to education under Article 41 of the Constitution a reality, the
fundamental rights under Chapter III shall remain beyond the reach of the large majority
which is illiterate. The court further held that 'right to life' is the compendious expression for
all rights which the courts must enforce "because they are basic to the dignified enjoyment of
life. The right to education flows directly from right to life. The right to life under Article 21
and the dignity of an individual are not being assured unless it is accompanied by the right to
education. The state is under an obligation to make endeavor to provide educational facilities
at all levels to its citizens" The fundamental rights guaranteed under Part III of the
Constitution of India including the right to freedom of speech and expression and other rights
under Article 19 cannot be appreciated and fully enjoyed unless a citizen is educated and is
conscious of his individualistic dignity. The petitioner had challenged the right order of the
Government of Karnataka which permitted the private medical colleges to receive high
amount of fees for the purpose of admission. The Court held that charging a high capitation
fee is illegal and cannot be permitted.

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Unni Krishnan J P and others v State of Andhra Pradesh and others:

It was observed in Unni Krishnan case8 that Article 21 is the heart of

Fundamental Rights. The Supreme Court once again decided that the right to education flows
directly from right to life guaranteed by Article 21 of the Constitution. The court held that
"the effect of holding that right to education is implicit in the right to life is that the state
cannot deprive the citizens of his right to education except inaccordance with the procedure
prescribed by law". The court further held that "the three Articles 45, 46 and 41 are designed
to achieve the said goal, among others. It is in the light of these articles that the content and
parameters of the right to education have to be determined. The right to free education is
available only to children until they complete the age of 14 years. Thereafter, the obligation
of the state to provide education is subject to the limits of its economic capacity". To this
extent, the earlier decision of the Supreme Court in Mohini Jain case stood modified. In
Mohini Jain case, the apex court pronounced that directive principles cannot be isolated from
the fundamental rights. In Unni Krishnan case, the Court pronounced that basic education
(education up to the age of 14 years) is a fundamental right of every child. The declarations
of the right to education as a fundamental right, has been further upheld and confirmed by the
eleven-Judge Constitutional Bench of the Supreme Court in 2002 in T.M.A. Pai Foundation
v. State of Karnataka. Right to education was observed to flow directly from Right to Life
(Article 21) which envisages Protection of Life and Personal liberty. The judgments in the
case of Mohini Jain and Unni Krishnan J P showed the importance of right to education and
catalyzed the process of enacting the Act.

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Bharatiya Vidya Bhavan, Pune ... vs State Of Maharashtra... on 14 August, 2015 when
admissions will be given as above, it will be presumed that those schools have observed25%
reservation during that year. Similarly, if the admission capacity of pre-primary class is
equivalent to the admission capacity of 1st Standard, then it is not necessary to give separate
admission in1st Standard. However, if the admission capacity of 1st Standard is more than
pre-primary admission capacity, the institution has to give remaining admissions under 25%
reservation.

As per the Right of Children to Free and

Compulsory Education Act, 2009, educational institutions should take care that 25%
admissions will be given every year in 1st standard.

As per Right of Children to Free and Compulsory Education Act, 2009, in case of the
children to whom admissions have been given under 25% reservations, reimbursement
ofEducational Fee will be made as per the rules decided by the Central Government.

As per Right of Children to Free and Compulsory Education Act, 2009, in case of the
children to whom admissions have been given under 25% reservations, reimbursement of
Educational Fee will be made as per the rules decided by the Central Government.

While implementing the admission process under 25% reservations during every year,
admission process be started from 15th December and 3rd round of admission should be
completed till end of 10th March. After the end of 3rd round within 8 days the
concerned Education Officer only after verifying that not a single admission under 25%
reservations are left then only the permission should be granted to the said Institution for
giving remaining admission of 25% admissions from the students of General Category.

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State to Madras Vs. Champakam Dural Rajana :-

It was this judgment that necessitated the Constitution First Amendment, which added
Clause (4) to Article 15. It will be noticed in Article 29 that while Clause (1) Protects the
language, script of culture of a section of the citizens, Clause (2) guarantees the fundamental
right of an individual citizen. The right to get admission into any educational institution of the
kind mentioned in Clause (2) is a right which an individual citizen has as a citizen and not as
a member of any community or class of citizens. This right is not to be dented to the citizen
on grounds only of religion, race, caste, language or any of them. If a citizen who seeks
admission into any such educational institution and that ground, he certainly cannot be heard
to complain of an infraction of his fundamental right under this Article, But, on the other
hand if he has the academic qualifications but is refused admission only on ground of
religion, race, caste, language or any of them, then there is a clear breach of his fundamental
right.

The section of the people in particular, of the Scheduled Castes and the Scheduled
Tribes, and with protecting them from social injustice find a place in Part IV of the
Constitution which lays down certain directive principles of State policy and though the
provisions contained in that Part are not inforceable by any Court. The principles therein laid
down are nevertheless fundamental for the governance of the country and Act. 37 make it
obligatory on the part of the State to apply those principles in making laws.

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P.A. Inamdar & Ors. Vs. State of Maharashtra & Ors.

The Supreme Court of India held that the State cant impose its reservation policy on
minority and non-minority unaided private colleges, including professional colleges. Neither
the policy of reservation can be enforced by the State nor any quota or percentage of
admissions can be carved out to be appropriated by the State in a minority or non-minority
unaided educational institution.

The State cannot insist on private educational institutions which receive no aid from
the State to implement States policy on reservation for granting admission on lesser
percentage of marks, i.e. on any criterion except merit. Merely because the resources of the
State in providing professional education are limited, private educational institutions, which
intend to provide better professional education, cannot be forced by the State to make
admissions available on the basis of reservation policy to less meritorious candidate.

A limited reservation of seats, not exceeding 15% in our opinion, may be made
available to NRIs depending on the discretion of the management subject to two condition.
First, such seats should be utilized bona fide by the NRIs only for their children or wards.
Secondly, within this quota, the merit should not be given a complete go-by.

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State of Tamil Nadu & Ors. V.K. Shyam Sunder & Ors

In the post constitutional era, attempts have been made to create an egalitarian
society by removing disparity among individuals and in order to do so, education is the most
important and effective means. There has been an earnest effort to bring education out of
commercialism/mercantilism. The right of a child should not be restricted only to free and
compulsory education but should be extended to have quality education without any
discrimination on economic, social and cultural grounds.

In view of the above, education and particularly that of elementary/basic education

has to be qualitative and for that the trained with the expert body fixes the eligibility for a
particular discipline taught in a school. Thus, the eligibility so fixed requires very strict
compliance and any appointment made in contravention thereof must be held to be void.

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 CHAPTER NO. 2
RESEARCH METHODOLOGY

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 CHAPTER NO. 2
RESEARCH METHODOLOGY

Title of the study

Critical analysis of implementation and enforcement of Right to education act,
2009 and constitution provision in the area of wadi

Problems and implementation of RTE:

No doubt the RTE have far reaching consequences for implementing the mission of free and
compulsory elementary education. This task, however, is not much easy as it appears.
Because, the prevailing harsh socio-cultural and economic ground realties pose daunting
challenges for executing RTE.

(A) Human Resource: Though Rte was implemented on April 1, 2010 for whole country,
except Jammu & Kashmir, some states have expressed their reservations to some provisions
of the Act. There are controversies between the Central and State Governments issues related
to the implementation of RTE Act. The MHRD Report (RTE the Second Year) reveals that
certain provisions of RTE have not been fully implemented in some of the State and Union
Territories.
The issues related to funding are also acting as a hurdle in the implementation of the Act.
There are certain provisions such as construction of new schools and toilets, has to match up
with the requirement of the RTE. And these targets have to be realized by every State. Due to
financial constraints some states expressed their inability to adhere to the RTE norms and
standards.

School Management Committee: There are problems in the in the constitution and
functioning of school management committees. Some elementary school teachers desired to
improve the selection process of school management committees in the rural area. They want
that there should be provision of an observer appointed by the government to conduct the
election of school management committees in schools. The school management committee
has to play its constructive role in functioning of the school to impart quality and equitable
education to children.

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Prerequisite of Professionally Qualified Teachers: Teacher development can be defined as
a systematized, continuous and coherent process of professional development of teachers in
accordance with professional competency standards and framework. Teacher development
needs to include training in order to adapt to the evolution of teaching and learning processes
and methodology. There is a need to shift training to professional preparedness of of
teachers. The question about knowledge, attitude and skills an effective teacher should
possess is a subject to debate. The fact remains that the quality of education is dependent on
the preparation of high quality teachers.

Enrolment of Children of Economically Weaker Sections: As per the RTE provisions, the
unaided private schools are required to reserve 25% seats for children from economically
weaker sections of society. No method, however, is prescribed for selection of 25% poor
children for admission in unaided private schools. They can choose the children in the way
that would benefit them. In spite of this, the private schools have been expressing one or the
other excuse for not admitting such children. Their general impression is that due to
underprivileged children in their schools they have to compromise discipline andquality of
education.
The fact is that private schools are elitist and are trying toresist government control
over admission. They feel that the rights they areenjoying for years would be taken and the
basic character of the private schoolswould also be demolished. As a result of this resistance
in private schools manystates are facing problems in implementing relevant provisions of the
RTE Act.

Pupil Teacher Ratio: Pupil teacher ratio is one of the maintaining the required PTR because
for this country as whole has to recruit more than 13 lakh teachers within a time frame.

Five lacs new teachers are to be recruited and 5 lacs new classrooms are to be
constructed to meet the required 30 : 1 pupil teacher ratio.

There are seven lacs teachers in the recognized 13 lacs primary schools. Out of these,
three lacs teachers are either untrained or under-training.

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 In many states large number of teachers arepara-teachers and many of them are
untrained.

As per a recent report by NUEPA, Bihar tops amongst the states having poor pupil-
teacher ratio and Uttar Pradesh comes at second place.

In about 35 percent primary schools in Uttar Pradesh, pupil teacher ratio is 60:1. Fifty
one percent primary schools in Uttar Pradesh are having three or less number of
teachers. Out of these, 38 percent are para-teachers.

In the present circumstances, to maintain pupil-teacher ratio as per the Act, appears a
distant dream.

Dropouts: The national dropout rate is about 7%. Kasturi (2012) pointed out that major
reasons of dropout in India are poverty and child labour, lack of toilet for girls in schools,
lack of drinking water facility, lack of playgrounds, lack of teachers, caste and gender
discrimination, lack of pre-schooling and inadequate learning tools. The high dropout rate
pushes us to think about inadequate infrastructure, social biases and gender difference as
main causes for it.

Children with Special Needs: RTE has a provision for providing children friendly
environment in schools. On analysis of data it was found that more than 50% schools didnt
have disabled friendly in the country. This may lead to dropout of disabled children in
schools. This problem is more serious in the schools located in the rural and remote areas of
the country.

Single Teacher School:As per the latest data 9% of the elementary schools are still being
managed by a single teacher. There are schools in the remote area without any teacher. In
some schools the teachers do not come regularly. There is no monitoring of such teachers by
bodies such as the government or school management committees. In such a circumstance
how right to education can be ensured right to education.

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(B) Physical Infrastructure: In second year on RTE(MHRD,2012), some infrastructural
issues are addressed, which will help us to understand the linkage between the existing and
expecting infrastructure facilities in schools. The report undoubtedly indicates that 16% of
schools still dont have toilets. This is an alarming number. On one side, provisions are made
to bring children to schools and provide them opportunity to stay in the schools, whereas on
other hand,
they are not able to get the basic facilities like toilets, drinking water, etc. This is an overall
situation, if counting will go deeper up to separate toilets for girl children, situation will be
more horrible. The teachers have to retain children in school for hours to gather without
having the facilities of toilets. Physical and Human resources are needed safe drinking water
toilets and nutritious meals.

( C )Quality Concerns: Children are entitled not only for education but also for quality
education. Quality in elementary education is one of the vital issues. After implementation of
RTE Act, every stakeholder is concerned about quality education. The major challenge is to
ensure the availability of professionally qualified and committed teachers in sufficient
number to impart child-centered education.Absenteeism of teachers, single teacher school,
proxy teachers, etc., is some challenges which need to be addressed seriously to ensure high
quality elementary education in the country.
An obligatory PTR is prescribed for government and private schools. To maintain PTR
as per the RTE norms, a large number of teachers are to be recruited, trained and deployed in
the schools .But there is no provision to check if a State is unsuccessful in maintaining the
PTR at the elementary school as per the RTE Act. As a result some states are not Lack of
accountability and commitment among teachers is a serious problem. This tendency among
elementary school teachers seems to be on increase these days. They are not responsible
whether the children learn or not. Many of them come to school, do trivial administrative
work and go away. Some teachers are engaged in activities such as mid-day meal
management, societal activities, etc. Lack of commitment on their part led to practice of
absenteeism in them. Many teachers take turn in coming to school. The government schools
are worst affected by this conduct of teachers and headmasters. It is a grave concern for all
stakeholders whether non-committed teachers can contribute to classroom teaching seriously.
As a critical component affecting outcomes, eligibility of teachers would be based
onminimum qualifications as laid down byan academic authority. However, the Actalso
allows for unqualified teachers to continue for five years after the Act comes into effect, on

21
grounds of lack of availability of trained teachers. It also provides for relaxation of rules and
appointment of unqualified teachers for five year still the Act is notified. This only reflects
the governments non-serious approach to implementing the Act and its disregard of quality
of outcomes.
Another aspect relating to quality is the nature of job conditions for teachers. With a
plethora of evidence pointing to the fact that differential remuneration to teachers affects their
motivation, the absence of any indicative benchmarks for teachers salary is a significant
oversight in the Act. Further, while the Act suggests that no teacher should be engaged in any
non-educational tasks, it excludes their engagement in the population census, duties
pertaining to disaster relief and elections at various levels. Not only does the act turn a blind
eye to the workload and the absence of motivation among teachers, it forbids them from
taking private tuitions.17 With more than 26% of children in classes IV to VIII attending
private tuitions classes,18 this may be a case of misplaced activism. Setting uniform salary
norms for teachers and withdrawing them from all non-educational purposes might have
served the cause more effectively.

( D )ACCOUNTABILITY:

What will be the identification, selection and verification of economically weaker and
disadvantaged children ?
Would they be selected from the neighborhood or from the entire village/town/city?
How the whole process will be monitored by the government?

Quality monitoring is attainable only in a culture of accountability. To ensure this, the Act
requires that all schools, except those that are unaided, constitute school management
committees. Apart from complex questions relating to fixing of accountability at different
levels, which remain unaddressed (maybe for good reason, as the Act could not have spelt out
all the relevant details), it is not clear why unaided schools are left out of the purview of
accountability with regard to the provisions contained in Section 21.1, when they admit 25%
of the underprivileged students.
Further, the government seems to be in no hurry to adhere to the spirit of the right to
education, going by the number of disclaimers that are provided.20 These allow for
prosecution to be instituted only with the previous sanction of an authorized government
personnel in the event of

22
a school charging any kind of fees. These also relate to the decision to scrap the recognition
of any school, and prosecution for running a school without any recognition. An intelligent
guess is sufficient to peg the occurrence of such prosecution as unlikely.
The Act also maintains that legal proceedings against such actions of the government cannot
be initiated in the event that these have been undertaken in good faith and best interests of the
children. Rather than pursuing an objective vision, the Act is ridden with loopholes.

(E) Financial Responsibility

There is no clarity on who will take the lead in financing the Act. Ideally, the central
government ought to be shouldering this duty in the light of the poor fiscal situation in most
states. Acknowledging this reality, the Act notes that the states may seek a predetermined
percentage of expenditure as grants-in-aid from the central government, based on the
recommendations of the finance commission on assessment of additional resource
requirements for any state. Be that as it may, the Act reveals an obvious contradiction when,
on the one hand, it suggests that both the union and state governments have concurrent
responsibility to finance the Act, with the centre preparing estimates of capital and recurring
expenditure under the Act, while on the other, it unequivocally holds the state governments
responsible for providing the funds for implementation of the Act

RATIONALE OF THE STUDY :-

India is developing country, where the basic education in children is played very
important role in development of the nation. The study will defiantly help to show a path in
leading towards national progress which can be achieved through education.

Right to education guaranteed under Article 21A of the constitution of India. The state
shall provide free and compulsory education to all children of the age six to fourteen years.
The study will analyze the problem faced by parents, students, teachers and schools and will
try to help the legislative measures in promoting and encouraging free and compulsory
education for children.

23
 This study is also needed from philosophical as well as legal point of view to spread
the awareness and spirit among the citizen concerning Right to
Education and development of elementary education system. This study will certainly, help in
removing the hatred and misunderstanding among people. It will helpful to the people to
aware about their fundamental right enshrined by constitution India as right to education.
Ratio of female literacy is big reason to worry. It is decreasing day by day. The research will
help to achieve appropriate ratio of female literacy. The goal of 100% literacy can be
achieved by creating community awareness for education at all level.

This research is helpful to bring awareness about Right to Education and the free and
compulsory education to children between the ages 6 to 14 years. This research will be
helpful to bring awareness among parent about their duty imposed under Article 51A (k) of
Indian constitution, to provide compulsory education to their wards.

As Compared to number of students, number of school and teacher are less. There the
present study is needed to study the reason behind it study will also be proved helpful in
bringing awareness among the concerned authorities to minimize two differences.

24
 OBJECTIVES OF THE STUDY

The objectives of the study are:

1. To study Right to Free and Compulsory Education .

2. To study Constitutional mandate and landmark judgments on education in India

3. To study Right to Free and Compulsory Education Act 2009 in India

4. To critically analyze the challenges in implementation of Right to Free and Compulsory

Education

5. To know various problems face by private school in implementing 25% reservationin

private schools under right to education act, 2009.

6. To find out the role played by judiciary, government, media and NGOs in implementing
RTE Act.

7. To suggest measures for effective implementation of RTE Act, 2009 and help to achieving
constitutional goal of Right to Education.

3) To examine the awareness about Right to free and compulsory education from
children among citizen belonging to weaker and disadvantaged groups.

4) To examine the awareness of effective implementation of the 25% reservation in

private schools among citizens.

5) To analyze enforcement and implementation of Right to Education Act, 2009 private

schools.

25
 HYPOTHESIS :-

The researcher has made the following hypothesis :

Implementation and Enforcement of Right to Education Act, 2009 is really helpful

for upliftment of elementary education system and development of children age between 6 to
14 years..

REVIEW OF LITERATURE :-

The above article has suggested that the education has an immense impact on the
human society, and the importance of education can not be neglected. The Right to Education
is an subject to fundamental rights. It is obligatory for the state to provide education to its
citizen.

The above article helped the researcher in preparation of theoretical background and
formulation of problem.

Education Problem in India

The above article throw light on the problem in the elementary education system in
India. If there are Mal Practices of faulty education policies and inadequate distribution of
fund or lack of fund, then there is no development in the field of education.

The above article is much helpful to researcher in formulation of problem.

The right of Children to free and compulsory education act. 2009

This article highlighted the legal framework and provision in the RTE Act. 2009. The
article stated the provision of the act which provides Right to Education as fundamental right
of children. It also throw light on the penalties given in the RTE Act, 2009. This article
helped researcher in preparation of theoretical background.

Major Human Right Instrument

This article throw light on the various International Covenant and convention. This
Article stated that, Universal Declaration of Human Rights is also provide the Right

26
Education, at least in the elementary and fundamental stage. That the various International
Convention and Covenant provide that the Right of free education to children.

This article is very helpful to the researcher in preparation of theoretical background.

Indian Constitutional Law

The book is collection of works by author M.P. Jain, former professor of Law, Delhi
University and Banaras Hindu University. The book contain 34 chapter on constitutional law,
which includes Fundamental Rights, Directive Principle of state policy and basic duties etc.
with reference to case law and exhaustive commentary.

This book is helped researcher in preparation of theoretical background and in

reference of case law.

Variables of the study and definition of variable and concept :-

Section 2 :-

b) capitation fee means any kind of donation or contribution or payment other than the
fee notified by the school.

c) Child means male or female child of the age of six to fourteen years.

d) Child belonging to disadvantaged group means a child belonging to the Scheduled

Caste, the Scheduled Tribe, the socially and educationally backward class or such other group
having disadvantage owing to social, cultural, economical, geographical, linguistic, gender or
such other factor, as may be specified by the appropriate Government, by notification.

e) Child belonging to weaker section means a child belonging to such parent or

guardian whose annual income is lower than the minimum limit specified by the appropriate
Government, by notification.

f) Elementary education means the education from first class to eighth class.

g) Guardian, in relation to a child, means a person having the care and custody of that
child and includes a natural guardian or guardian appointed or declared by a court or a
statute.

n) School means any recognized school imparting elementary education and includes.

27
i) A school established, owned or controlled by the appropriate Government or a local
authority.

ii) An aided school receiving aid or grants to meet whole or part of its expenses from the
appropriate Government or the local authority.

iii) A School belonging to specified category and.

Research Design :-

The design of present study is empirical as it was carried out by collecting and
gathering data or information by a first had study in to the universe i.e. East Nagpur.
Empirical means that these relies on the practical experiences rather than theories. This study
help the researcher in verifying and understanding the various phenomena of the Right to
Education.

Nature of Study :-

The present study is the exploratory and formative. This type of study helps the
researcher to explore the knowledge in the light of the Right to Education Act. 2009 and of
the Article 21A of the Constitution of India and in formulating problem i.e. Implementation
and Enforcement of the Right to Education Act. 2009.

Universe :-

The universe is the whole group from which sample is drawn for study purpose. The
universe of the present study is East Nagpur.

Population :-

The term population generally refers to the total or the items or units about which
information is desired. The data has been collected through personal interview and with the
help by question from the general public of East Nagpur and Head Master & teachers of
school.

28
 Category No. of Respondents
Head Master 10
Teachers 10
General Public 20
Total 40

Sampling Method :-

The Researcher has used the stratified random sampling method to select the samples
by dividing the population into the category i.e. Head Master & Teachers of school and
General public.

The Researcher collected total 40 samples from all categories.

Method of data Collection :-

The researcher employed the questionnaire for collection of data. For this purpose a
schedule of questions was devised. The researcher found it is the method, which more useful
for the reason that it ensures limited and specified answers as alternative answer is provided
in questionnaire. Therefore it is comparatively easy to avoid misleading interpretation of
question. This type adopted by researcher only to avoid the extra matter and to concentrate
the subject.

Source of data collection :-

The sources of data can be classified on divided into two categories Primary or filed
work source of data collection and secondary source of data collection.

The researcher has used both the sources of data collection. The primary source
provides data at first hand. The researcher has personally observed events, things, behavior,
activities and collected the original information from published source by studying the books,
journals, news articles, case laws and also by browsing and downloading the required
relevant data through the internet network media.

29
Tool of data collection.

The researcher has used the interview schedule as a tool of data collection. The
schedule contained standard question that the researcher has filled up after gathering
information from the respondents. The questions were asked to No. of respondent of the
universe and also to authority.

Limitation of study :-

It is necessary to mention at this stage several limiting factors so that parameters with
in which the methodology is devised, is properly understood. The researcher for the study of
the topic which is relating to Right to Education and therefore the research is mainly focus on
the respondents who are in field of education and literate people.

The main limitation to study is the limitation of time.

Time schedule of the study is as follows. :-

The researcher has completed the study in stipulated time of 60 days.

Phase Work Dome Duration

I Selection & Approval of the 10 days
topic
II Review of literature, problem 20 days
& rationale
III Data Collection 15 days
IV Analysis and interpretation 5 days
V Report writing, major 10 days
findings, conclusion and
suggestion
Total 60 days

30
 CHAPTER NO. 3
ANALYSIS AND
INTERPRETATION OF DATA

31
 CHAPTER NO. 3

ANALYSIS AND INTERPRETATION OF DATA :-

After the data was collected the researcher shifted his attention to their analysis and
interpretation. Thus the researcher first classified the data, coded it and then prepare master
charts and then the data was interpreted.

Possible contribution of the study :-

1) No research in study is even complete. Every study gives rise to some better
understanding of the problem

2) This study would go to long way in helping to work out the framework which might
create enlightenment to the citizen as to their rights.

3) This study would also become helpful to bring awareness amor people.

4) It might stimulate others to study the same problem with different angles and different
dimensions.

5) This research is helpful to bring awareness about Right to Education and the free and
compulsory education to children between the age of 6 to 14 years.

6) This research is helpful to bring awareness about 25% Quota Prescribed under the
RTE Act 2009 in private schools.

Chapterization :-

Chapter 1 Theoretical Background :-

This chapter deal with Introduction of the concept, it include the historical
background, development of the subject, statutory provision, and judicial reference etc.

Chapter II Research Methodology :-

This chapter deal with research methodology used by the researcher while carrying
out the research. This chapter includes relaters problem, objectives of the study, rationale,

32
hypothesis, research design, research method, sample, sampling method, method of data
collection, sources of data collection, limitation of the study etc.

Chapter III Analysis and Interpretation of data :-

This chapter includes analysis and interpretation of data collected during this research,
frequency of responses received. The study is prepared and analyzed and interpret of tables
given in this chapter.

Chapter IV Major findings, Conclusion and Suggestion :-

After Analysis and interpretation of data, the researcher come to the major finding and
conclusion. In this chapter major finding conclusion are given.

9. Education system needs overhaul. The system is required to be so designed as not to make
the children literate only but also building up childs knowledge, potentiality and knowledge.

33
 INTERVIEW SCHEDULE A
RESPONDENT CATEGORY: ADMISSION COMMITTEE

Table 1

1) Have you given admission to the childrens as per 25% reservation quota
mentioned under RTE act 2009?
a) Yes b) No

Answer code Answer Frequency Percentage

A Yes 17 85%
B No 3 15%
Total 20 100%

Above table show that 85% of respondent answered yes and only 15% respondent has
answered No
From the above analysis it is clearly shown that majority of schools has given
admission to the children as per 25% reservation quota mention under RTE act 2009

34
 Table 2

2) Do you follow norms and standards prescribed in right to education act 2009?

a )Yes b) No c) to some extent

Answer code Answer Frequency Percentage

A Yes 10 50%

B No 3 15%

C To some extent 7 35%

Total 20 100%

Above table show that 50% of respondent answered Yes and only 15% has answered

No and only 35% has given that theyfollow norms and standards prescribed in right to

education act 2009 up to some extent.

35
Table 3

3) Are you getting enough funds from government in order to fulfill norms mentioned

under act, like infrastructure?

a)Yes b) No

Answer code Answer Frequency Percentage

A Yes 10 50%

B No 10 50%

Total 20 100%

Above table show that 50% of respondent answered yes thats means only 50%

schools are getting enough funds from government in order to fulfill norms mentioned

under act, like infrastructure and others has given negative response about this.

36
Table 4

4) Do you fill that teachers require special training for effective implementation of

act?

a) Yes b) No

Answer code Answer Frequency Percentage

A Yes 15 75%

B No 05 25%

Total 20 100%

Above table show that 75% of respondent answered yes and only 25% respondent has

answered No

From the above analysis it is clearly shown that majority of schools fills that

teachers require special training for effective implementation of act.

37
Table 5

5) Do you fill that childrens from actually economically weaker section area is

getting benefit from this act?

a) Yes b) No c) to some extent

Answer code Answer Frequency Percentage

A Yes 10 50%

B No 3 15%

C To some extent 7 35%

Total 20 100%

Above table show that 50% of respondent answered yes and only 15% has

answered No and only 35% has given that theyfill that childrens from actually

economically weaker section area is getting benefit from this act up to some

extent .

38
Table 6

6) Whether the assessment procedure areuse for evaluation of childrens progress?

a) Yes b) No c) to some extent

Answer code Answer Frequency Percentage

A Yes 15 75%

B No 2 12%

C To some extent 3 13%

Total 20 100%

Above table show that 75% of respondent answered yes and only 12% has answered

No and only 13% has given that the assessment procedure are used for evaluation of

childrens progress.

39
Table 7

7) Does any steps are taken in school to provide supplementary instructions to

educationally weak childrens?

a) Yes b) No

Answer code Answer Frequency Percentage

A Yes 10 50%

B No 10 50%

Total 20 100%

Above table show that 50% of respondent answered yes and only 50% respondent has

answered no.

40
 INTERVIEW SCHEDULE B
RESPONDENT CATEGORY: TEACHERS

Table 8

1) Do you follow norms and standards prescribed in right to education act, 2009?

a) Yes b) No c) to some extent

Answer code Answer Frequency Percentage

A Yes 15 75%

B No 2 12%

C To some extent 3 13%

Total 20 100%

Above table show that 75% of respondent answered yes and only 12% has answered

No and only 13% has given that they follow norms and standards prescribed in right

to education act, 2009 to some extent.

41
 Table 9

2) Is it possible for you to pay equal attention towards regular students and dropout

students?

a) Yes b) No c) to some extent

Answer code Answer Frequency Percentage

A Yes 15 75%

B No 2 12%

C To some extent 3 13%

Total 20 100%

Above table show that 75% of respondent answered yes and only 12% has answered no.

42
Table 10

3) Do you conduct extra classes for dropout students in timing other than school timing?

a) Yes b) No c) sometimes

b) Answer code Answer Frequency Percentage

A Yes 15 75%

B No 2 12%

C Sometimes 3 13%

Total 20 100%

Above table show that 75% of respondent answered yes and only 12% has answered

No and only 13% has given that sometimes they conduct extra classes for dropout

students in timing other than school timing when required.

43
 Table 11

4) Are you getting enough time in order to fulfill the duties imparting by this act to you?

a) Yes b) No c) to some extent

Answer code Answer Frequency Percentage

A Yes 10 50%

B No 3 15%

C To some extent 7 35%

Total 20 100%

Above table show that 50% of respondent answered yes and only 15% has

answered no.

44
 Table 12

5) Do you fill that some special skills and training is required to you in order to fulfill

the motive of this act?

a) Yes b) No c) to some extent

Answer code Answer Frequency Percentage

A Yes 15 75%

B No 2 12%

C To some extent 3 13%

Total 20 100%

Above table show that 75% of respondent answered yes and only 12% has answered

No and only 13% has given that there is a need of special skills to be provided in some sector.

45
 INTERVIEW SCHEDULE C
RESPONDENT CATEGORY: GENERAL PUBLIC

Table 13

1) Have you given admission to your child as per 25% reservation quota?

a) yes b) No

Answer code Answer Frequency Percentage

A Yes 10 50%

B No 10 50%

Total 20 100%

Above table show that 50% of respondent answered yes and remaining has answered no.

46
Table 14

2) Do you attend parents teacher meeting regularly?

a) Yes b) no c) sometimes

Answer code Answer Frequency Percentage

A Yes 15 75%

B No 2 12%

C To some extent 3 13%

Total 20 100%

Above table show that 75% of respondent answered yes and only 12% has answered No and

only 13% has given that sometimes they attend the meeting.

47
 Table 15

3) Are you satisfied with infrastructure provided in school like toilets, drinking water

etc.?

a) Yes b) no c) up to some extent

Answer code Answer Frequency Percentage

A Yes 8 40%

B No 6 30%

C To some extent 6 30%

Total 20 100%

Above table show that 40% of respondent answered yes and remaining 60%are

partially satisfied or unsatisfied with infrastructure.

48
Table 16

4) Do you feel that admission and selection procedure is unbiased?

a) Yes b) no c) up to some extent

Answer code Answer Frequency Percentage

A Yes 8 40%

B No 6 30%

C To some extent 6 30%

Total 20 100%

Above table show that 40% of respondent answered yes and remaining 60% are

partially satisfied or unsatisfied with admission and selection procedure.

49
 Table 17

5) Does school demands you fees on the name of building charges and many more

charges?

a) Yes b) no c) Sometimes

Answer code Answer Frequency Percentage

A Yes 15 75%

B No 2 12%

C To some extent 3 13%

Total 20 100%

Above table show that 75% of respondent answered yes and remaining 25% are

partially satisfied.

50
Table 18

6) Did you have faced documentation difficulties at the time of admission?

a) Yes b) no c) up to some extent

Answer code Answer Frequency Percentage

A Yes 8 40%

B No 6 30%

C To some extent 6 30%

Total 20 100%

Almost 60%respondent has faced documentation difficulties at the time of admission.

51
Table 19

19) Does school provides kind of special classes to the child if enrolled late?

a) Yes b) no c) Sometimes

Answer code Answer Frequency Percentage

A Yes 15 75%

B No 2 12%

C To some extent 3 13%

Total 20 100%

Almost 75% of parents responded yes ,13% responded some time and remaining

denied

52
CHAPTER NO. 4
FINDING,
CONCLUSION AND
SUGGESTION

53
 CHAPTER NO. 4

MAJOR FINDINGS, CONCLUSIONS AND SUGGESTIONS

MAJOR FINDINGS:

After collection of data, it was churned through the process of interpretation analysis,
tabulation etc. the researcher found that the following major problems of the study surface.

85% people are aware about right to education guaranteed by indian constitution. It is really
helpful to achieve the constitutional goal.

75% of people are aware about right to education act, 2009

Most of the schools are giving extra attention towards dropout students as given by right to
education act, 2009.

Researcher observed that 75% of school authority had compiled the provision of right to
education act, 2009 and follows the norms and standards prescribed under Right to
Educationact, 2009.

Though the Right to education act, 2009 given certain norms and standards, the students are
facing some problems in school.

The researcher found that school authority given admission under right to education act,
2009, but in many private schools people are not demanded 25% reservation provided under
right to education act, 2009.

It is found that maximum school authority given various facilities to the student which is
necessary to student. It is positive stape to achieve constitutional goal.

It is found that though the government enacted the right to education act,2009 but for
implementing this act various problems are face by school authorities, also by parents while
getting admission through this quota.

Along with this there is a necessity to provide extra training to the teachers has been
determine in order to proper implementation of this act.

54
 CONCLUSION

Law changing the Justice through Education

George Bernard show prophetically stated..

To put the nation on the track of prosperity, give the people the torch of education,
It is this right to education that has been illusion to majority of little Indians in our so called
Democratic society. Of course, that illusion no more exists today for our state categorically
vindicated that right to education is only for a minority of great Indians. Credit shall be
given not exclusively to legislature or executive but shall be shared with the judiciary.

That was where the researcher found the problem for this research the whole effort of
the Researcher in conducting this study has been to find out the correctness of proposition
contained in the hypothesis i.e. Implementation and Enforcement of Right to Education Act.
2009 is really helpfully for upliftment of elementary education system and development of
children age between 1 to 14 year.

Having conducted the study by the mode describe in the main part of this research
Report, the conclusion which the research arrived at, is that the said hypothesis is stand
positively proved. In other words Implementation and Enforcement of Right to Education
Act, 2009 is really helpful for upliftment of elementary education system and development of
children.

During the study researcher found that people are unaware about Right to Education
is now a Fundamental Right for all children in the age group of 6 to 14 years. In simple word,
it means that the Government will be responsible for providing education to every child up to
the eight standard, free of cost, irrespective of class and gender. Part III of the Constitution of
India gives all force to every child to get free and compulsory education through Art. 21, and
insertion of Art. 21 A by 86th Amendment is also a landmark in this respect.

In the context of globalization, education assumes greater meaning, Greatness of a

nation should not be measured by its ranking in global economic order, but by its ability to
provide quality education. The last two decade have shown enormous improvement in the
literacy scene in the country as reflected by the average literacy figures. Education is perhaps

55
the most vital requirement for inclusive growth, empowering individual and society, opening
up opportunities and promoting true participation in the development process. It is an
important factor that fuels both social change and economic growth.

Researcher found during the study that realization of the objective of Education to
All is not going to be very not when the school system in the country, especially those rural
areas continue to be plagued by problem of poor infrastructure, shortage of teachers, their
lack of training motivation besides poverty and livelihood issues that are responsible for the
huge drop out of rates. It is estimated that there is a shortage of nearly five lakh teachers,
while about three lakh of them are untrained at the elementary school stage.

The objective with witch the researcher undertook the study have already been
mention in this research report. A study of legal provision relating to Right to Education.
Constitutional provision i.e. Article 21A, Article 45 are provide Right to Education. Right to
Education act, 2009 was enacted for the free and compulsory education of children. However
the researcher found that practically it does not happen, most of the people are not aware of
this provision. The researcher found that people are not claiming their rights because their
unawareness.

In the end, the researcher was pleasantly surprised to find one ultimate truth emerging
from all the material the researcher gathered, and from the entire study researcher conducted.
The truth is that even the Right to Education act, 2009 was enacted still the schools are not
complied the provision of Right to Education act, 2009. Schools are not given admission
under Right to Education act, 2009. It really create an encumbrances in Right to Education.

56
 SUGGESTIONS

The Right to Free and Compulsory Education Act 2009 which was passed in the Parliament
became effective on April 1, 2010. Following suggestions have been made for successful
implementation of the Act:

1. To have a clear and definite plan of action for effective implementation of the Act.

2. Allocation of fund requirement for effective implementation of free and compulsory

education as per the RTE Act 2009 should be estimated by the Department. This allocation of
funds may be planned in different phases. The funding sources, strategies to be adopted for
implementation of the Act may also be explored by the Department.

3. The facilities or benefits may it be infrastructure (school building, playground, rooms etc),
teachers, resource materials, grants to schools should be according to requirements obtained
from the implementation level.

4. The authorities should see that all children are treated equally irrespective of their religion,
race, etc.

5. Girl children should be paid special attention. They should be encouraged and motivated.
Good facilities have to be provided like separate toilets, hostels, etc.

6. Existing monitoring system may be streamlined and a comprehensive monitoring system

that looks into academics and administration should be designed.

7. Awareness programmes on RTE Act/rules should be taken up for Teachers/Parents/

Guardians for sending their children/ wards to schools. Community based NGOs may be
involved to take up such programmes.

8. Teachers who play a vital role in shaping a childs future should be motivated. Special
incentives should be given to them for serving in rural areas. Their skills should be constantly
upgraded by providing training. Training should be given to teachers to help attain Mastery in
their subjects. This can be achieved by training them with with subject-enrichment
programmes.

57
9. Department should have a comprehensive data base of teachers and recruitment of teachers
to be planned as and when the vacancy of teachers arises.

10.4. Primary schools need to be made aware of the provisions made for 25 percent
reservation of seats for the economically and socially weaker and disadvantaged children and
the role of school managing committees in this regard. The identification, selection and
verification procedure of such children should be well defined and well informed. It should
also be notified that how the whole process will be monitored.

58
CHAPTER NO. 5
BIBLIOGRAPHY

59
 BIBLIOGRAPHY :-

Book, Articles, Websites :-

1) Jain M.P. Indian Constitutional Law, Wadhwa publication, 4th Edition, 2001.
2) V.N. Sukla, Constitution of India 11th Ed., Eastern Book company, Lucknow.
3) http://www.right-to-education.org/node/637
4) http://timesofindia.indiatimes.com/city/pune/Mid-day-meal-send-70-schoolkids-
to-hospital/articleshow/6208423.cms.
5) http://www.education.nic.in/ssa/ssa_1asp.
6) http://www.indg.in/primaryeducation/policiesandschemes/the-national-policy-on-
children-1974.
7) http://www.indg.in/primary-education/policiesandschemes/rte.
8) http://blog.insightyv.com/?p=1137.
9) http://targetstudy.com/articles/education-problem-in-india-html.
10) http://indiankanoon.org/search/?forminput=article%2021a.
11) http://www.unicef.org/education/bege_61665.html.

60
CHAPTER NO. 6
ANNEXURE

61
 ANNEXURE NO. 1 :- INTERVIEW SCHEDULES

SCHEDULE A

Questions asked to head masters and school admission committee:

1) Have you given admission to the childrens as per 25% reservation quota mentioned
under RTE act 2009?
a) Yes b) No
2) Do you follow norms and standards prescribed in right to education act 2009?
a) Yes b) No c) to some extent
3) Are you getting enough fund from government in order to fulfill norms mentioned
under act, like infrastructure?
a) Yes b) No
4) Do you fill that teachers requires special training for effective implementation of act?
a) Yes b) No
5) Do you fill that childrens from actually economically weaker section area is getting
benefit from this act?
a) Yes b) No c) to some extent
6) Whether the assessment procedure areusefor evaluation of childrens progress?
a)Yes b) No c) to some extent

7) Does any steps are taken in school to provide supplementary instructions to

educationally weak childrens?
a) Yes b) No c) to some extent

8) Other difficulties faced by school while implementation of act?

62
 Master chart management committee

Qs Q.1 Q.2 Q.3 Q.4 Q.5 Q.6 Q.7

S No. 1 A A A A A A A
S No.2 A C A A A A A
S No.3 A A B A C A B
S No.4 A C A A A A A
S No.5 B B B B B B B
S No.6 A A A A A A A
S No.7 A C A A A A A
S No.8 A A B B B C B
S No.9 A A A A A A A
S No.10 A A A A C A A
S No.11 B B B A C A B
S No.12 A A B A A A A
S No.13 A C B B C C B
S No.14 A A A A A A A
S No.15 A C B A C A B
S No.16 B B A A A A A
S No.17 A A B B B B B
S No.18 A C B A C A B
S No.19 A A A A A A B
S No.20 A C B B C C B

63
Questions asked to teachers:

1) Do you follow norms and standards prescribed in right to education act, 2009?
a)Yes b) No c) to some extent

2) Is it possible for you to pay equal attention towards regular students and dropout
students?
a)Yes b) No c) to some extent

3) Do you conduct extra classes for dropout students in timing other than school timing?
a) Yes b) No c) sometimes

4) Are you getting enough time in order to fulfill the duties impart by this act to you?
a) Yes b) No c) to some extent

5) Do you fill that some special skills and training is required to you in order to fulfill
the motive of this act?
a)Yes b) No c) to some extent

6) Other difficulties faced by teachers while implementation of act?

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Master chart for Teachers

Qs Q.1 Q.2 Q.3 Q.4 Q.5

S No. 1 A A A A A
S No.2 A A A A A
S No.3 A A A A A
S No.4 B B C C B
S No.5 A A A A A
S No.6 A A A C A
S No.7 A A A A A
S No.8 B B C B B
S No.9 A A A A A
S No.10 A A A A A
S No.11 A A A C C
S No.12 C C B B A
S No.13 A A A A A
S No.14 A A A C C
S No.15 C C B C C
S No.16 A A A C A
S No.17 A A A A A
S No.18 A A A C A
S No.19 A A A A A
S No.20 C C C B A

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Questions asked to parents and general public:

7) Have you given admission to your child as per 25% reservation quota?
b) yes b) No
8) Do you attend parents teacher meeting regularly?
b) Yes b) no c) sometimes
9) Are you satisfied with infrastructure provided in school like toilets, drinking water
etc.?
b) Yes b) no c) up to some extent
10) Do you feel that admission and selection procedure is unbiased?
a) Yes b) no c) up to some extent
11) Does school demands you fees on the name of building charges and many more
charges?
a) Yes b) no c) Sometimes
12) Did you have faced documentation difficulties at the time of admission?
a) Yes b) no c) up to some extent

13) Does school provides kind of special training to the child if enrolled late?
a) Yes b) no c) Sometimes

14) Suggestions for improvement of education.

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Master chart for general public

Qs Q.1 Q.2 Q.3 Q.4 Q.5 Q.6 Q.7

S No. 1 A A A A A A A
S No.2 A A A A A A A
S No.3 B A B B A B A
S No.4 A A A A A A A
S No.5 A A A A A A A
S No.6 B A C C A C A
S No.7 B B B B B B B
S No.8 A A C C A C A
S No.9 B A C C A C A
S No.10 B A C C A C A
S No.11 A A A A A A A
S No.12 B B B B B B B
S No.13 A A A A A A A
S No.14 B C C C C C C
S No.15 A A B B A B A
S No.16 A A A A A A A
S No.17 B C B B C B C
S No.18 A A A A A A A
S No.19 B C B B A B A
S No.20 B A C C C C C

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ANNEXURE NO. II : THE RIGHT OF CHILDREN TO FREE AND
COMPULSORY EDUCATION ACT, 2009

Education Act, 2009

No. 35 of 2009
[26th August 2009]
An Act to provide for free and compulsory education to all children of the age of six to
fourteen years.

BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows. :-

CHAPTER I
PRELIMINARY
1. Short title extent and commencement
2. Definitions

CHAPTER II
RIGHT TO FREE AND COMPULSORY EDUCATION
3. Right of child to free and compulsory education
4. Special provisions for children not admitted to, or who have not completed elementary
education.
5. Right of transfer to other school.

CHAPTER III
DUTIES OF APPROPRIATE GOVERNMENT, LOCAL AUTHORITY AND PARENTS

6. Duty of appropriate Government and local authority to establish school.

7. Sharing of financial and other responsibilities
8. Duties of appropriate Government
9. Duties of local authority
10. Duty of parents and guardian
11. Appropriate Government to provide for pre-school education.

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CHAPTER IV
RESPONSIBILITIES OF SCHOOLS AND TEACHERS

12. Extent of schools responsibility for free and compulsory education

13. No capitation fee and screening procedure for admission
14. Proof of age for admission
15. No denial of admission
16. Prohibition of holding back and expulsion
17. Prohibition of physical punishment and mental harassment to child
18. No school to be established without obtaining certificate of recognition.
19. Norms and standard for school
20. Power to attend schedule
21. School Management Committee
22. School Development Plan
23. Qualifications for appointment and terms and conditions of service of teachers.
24. Duties of teachers and redressal of grievances
25. Pupil Teacher Ration
26. Filling up vacancies of teachers
27. Prohibition of deployment of teachers for non-educational purpose
28. Prohibition of private tuition by teacher

CHAPTER V
CURRICULUM AND COMPLETION OF ELEMENTARY EDUCTION

29. Curriculum and evaluation procedure

30. Examination and completion certificate

CHAPTER VI
PROTECTION OF RIGHT OF CHILDREN

31. Monitoring of childs right to education

32. Redressal of grievances
33. Constitution of National Advisory Council

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34. Constitution of State Advisory Council.

CHAPTER VII
MISCELLANEOUS
35. Power to issue directions
36. Previous sanction for prosecution
37. Protection of action taken in good faith
38. Power of appropriate Government to make rules

CHAPTER IV
RESPONSIBILITIES OF SCHOOLS AND TEACHERS
12. Extent of schools responsibility for free and compulsory education

1) For the purpose of this Act, a school :-

a) Specified in sub-clause (1) of clause (n) of section 2 shall provide free and
compulsory elementary education to all children admitted therein :
b) Specified in sub-clause (ii) of clause (a) of section 2 shall provide free and compulsory
elementary to such proportion of children admitted therein as its annual recurring aid or
grants so received bears to its annual recurring expenses, subject to a minimum of twenty-
five per cent.
c) Specified in sub-clause (iii) and (iv) of clause (n) of section 2 shall admit in class I, to the
extent of at least ninety-five percent, of the strength of that neighborhood and provide free
and compulsory elementary education till its Completion.
Provided further that where a school specified in clause (n) of section 2 imparts pre-
school education, the provisions of clauses (a) to (c) shall apply for admission to such pre-
school education.
2) The school specified in sub-clause (rv) of clause (n) of section 2 providing free and
compulsory elementary education as specified in clause (c) of sub-section (1) shall be
reimbursed expenditure so incurred by it to the extent of per-child-expenditure incurred by
the State, or the actual amount charged from the child, whichever is less, in such manner as
may be prescribed.
Provided that such reimbursement shall not exceed per-child-expenditure incurred by
a school specified in sub-clause (i) of clause (n) of section 2.

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 Provided further that where such school is already under obligation to provide free
education to a specified number of children on account of it having received any land,
building, equipment or other facilities, either free of cost or at a concessional rate, such
school shall not be entitled for reimbursement to the extent of such obligation.
3) Every school shall provide such information as may be required by the appropriate
Government or the local authority, as the case may be.

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