Bharatiya Vidya Bhawan (BVB) Vidyashram, a leading educational institution in the country, which runs two schools in Jaipur, has decided to file a contempt petition and also a writ petition against the education department if it decides to initiate action for cancellation of recognition over not granting admissions under of Right to Education (RTE) Act rules.
Under the RTE Act, schools have to give admission to poor children on 25% of the total seats. The state government reimburses a nominal amount against these admissions to the school.
The district education officer Rajendra Hans, on Wednesday, has sent a proposal to director school education Kanaram to initiate cancellation of recognition of top 24 public schools on account of the violation of RTE rules. Hans said that the schools have not given admission to students in LKG and UKG classes despite serving show cause notices to them.
BVB Vidyashram said that the education department's proposal of cancellation of recognition for the school is completely against the directions of High Court.
According to the school management, the state government, on March 27, 2023, had come up with a rule under RTE in which admissions were to be given in pre-primary classes – PP3 (nursery), PP4 (LKG), PP5 (UKG) and class I. It was also mandated that no reimbursement would be processed for any of the three pre-primary classes except for class I.
BVB Vidyashram challenged the policy at the High court, which stayed the implementation of the policy in an order dated July 3, 2023. Soon after receiving the order, the school, on the same day, conveyed the decision of the High Court to the appropriate authority in the education department.
However, the education department, despite well aware about the court stay, uploaded the list of students to be admitted in all the four classes.
The BVB Vidyashram decided not to give admission to any of the enlisted students as the matter was sub-judice and there was a court stay on further proceeding.
Later on July 17, 2023, the High Court, while deciding the writ petition ordered that only PP3 (nursery) and Class – I would be entry levels under RTE. The state government will reimburse the expenditure for all the classes – pre-primary and primary classes.
Complying the directions of the Rajasthan High Court, Vidyashram admitted students in PPE (nursery) and Class – I as per names uploaded by the state government. The court, on July 20, 2023 had further clarified that the candidature of students admitted in PP4 (LKG) and PP5 (UKG) under RTE cannot be cancelled.
R C Jain, Director Vidyashram
BVB Vidyshram Director R C Jain told The BuckStopper that the BVB Vidyshram has not violated any norms of RTE. It has complied by the decision of High court and state government authority.
“We had not taken any student in PP4 (LKG) and PP5 (UKG) under RTE as there was a court stay on taking admission in these classes. Hence, we have not cancelled any admission under RTE,” claims Jain.
He said that the education department's proposal to cancel recognition of the school on the ground of non-compliance of RTE regulations is completely wrong.
“We have not violated any norms. The list of students from the education department was received post court stay. We could not have executed the recommendations of education department. If education department initiates cancellation of NoC, we will move the court for filing contempt of court and a writ petition against the decision,” Jain said.
Timeline: No violation, No action
- On March 27, 2023, the state govt announced policy for RTE in which admissions were to be given to poor children in nursery, LKG, UKG and class I. No reimbursement of pre-primary classes, payment was only applicable for students admitted in Class –I.
- On July 3, 2023, the High Court stayed state govt order after the school moved the court. The decision of HC was conveyed to the department on the same day.
- On July 18, 2023, HC passed order that the entry level under RTE would be nursery or Class I and govt will reimburse the expenditure for all the classes, pre-primary and primary classes.
- On July 20, 2023, the HC clarified that schools can't cancel admissions of students already enrolled in LKG and UKG classes under RTE.
