Bhavan Vidyalaya seeks clarification from Edu Dept

Naina Mishra

Tribune News Service

Chandigarh, February 21

While the Chandigarh Education Department is yet to notify the Right of Children to Free and Compulsory Education (Amendment) Act, 2019, which introduces detention for Classes V and VIII, Bhavan Vidhyalya School, Sector 27, in a clarification to the District Education Officer (DEO) said it was reasonable to infer after the amendment that a school could screen students seeking admission to Class VI. 

The school had conducted an entrance for Class VI in violation of Section 13 of the RTE Act in December, after which the DEO had sought a clarification.  The school has now asked the Education Department to enquire from the MHRD if they could screen children seeking admission to Class VI. The reply reads: “After the implementation of the RTE Act, the school had discontinued the admission test for Class VI in 2016, as soon as it was pointed out to us and before we received any communication, there was no violation.”

It is pertinent to mention here that subjecting a child to screening procedure (up to Class VIII) stands in contravention of Section 13 of the RTE Act. The Right of Children to Free and Compulsory Education (Amendment) Act, 2019, substitutes Section 16 and Section 38 of the RTE Act, 2009, and not Section 13 of the Act. The letter justifying the conduct of entrance by school reads: “The RTE Amendment Act, 2019, was passed by the Parliament. After this amendment, a school can detain a child in Class V and VIII on the account of failure in an exam.” It further reads: “The Chandigarh Administration is on record as reported in the media that the amendment would be applicable to Chandigarh and is recommending it to the ministry for endorsement of approval.”

“It is clearly inferred that the detention of a child can only be done by screening them on the basis of his/her academic performance in the examination. If the school can screen its own students through examination, it is reasonable to infer that it can screen students seeking admission to Class VI. With the amendment, the entrance test is well within the scope of the Act.”

School asks dept to get clarification from MHRD

The school further asks the education authorities to get a clarification from the Ministry of Human Resource Development (MHRD), if the department views the conduct of entrance as a contravention to Section 13. “Several schools are following screening process for admission to Class VI. We propose to continue the admission process for Class VI and seek your confirmation by February 27,” the letter reads.

The school further mentions the entrance procedure of the Navodaya Vidyalaya Samiti, saying that it conducts test in Class VI. However, as a matter of fact, these schools do not fall within the ambit of the RTE Act.

What Bhavan Vidyalaya inferred

A letter by the school reads: “A child can be detained only after screening him/her on the basis of his/her academic performance in the examination. If the school can screen its own students through examination, it is reasonable to infer that a school can also screen students seeking admission to Class VI.”

RTE Amendment Bill

The Right of Children to Free and Compulsory Education (Amendment) Act, 2019, substitutes only Section 16 and Section 38 of the RTE Act, 200, and not Section 13 (no capitation fee and screening procedure for admission) of the Act.

Section 16

No child should be held back in any class or expelled from school till the completion of elementary education.

Change in Act 

There shall be regular examination for Class V and Class VIII at the end of every academic year. If a child fails in the examination, he/she should be given additional instruction and granted an opportunity for re-examination within a period of two months from the date of declaration of the result. The government may allow schools to hold back a child in Class V and VIII or in both classes.