Mumbai: Majority of schools in violation of RTE gain recognition

218 schools had failed to renew their RTE recognition. Representation Pic

Amid the ongoing controversy regarding 218 schools in the city operating without Right to Education (RTE) recognition, Minister of School Education Deepak Kesarkar provided an update during the ongoing assembly session on Wednesday. Responding to the queries of the legislators, Kesarkar said that 192 out of the 218 schools violating RTE regulations have now been granted recognition, while seven of the remaining schools have been closed down.

The Child Rights Commission and education activists have meanwhile questioned the state government on why no action was taken against these violations for so many years, highlighting concerns about oversight and accountability in the education system. Under RTE, 25 per cent of the total seats are reserved for the socio-economically weaker sections of society. The schools are expected to provide free education to these children and claim reimbursement from the Centre as well as state governments.

Also, the act requires all schools to adhere to 10 infrastructure standards, such as a compound wall, toilets, drinking water, playgrounds, etc. Every three years, the schools must apply for an extension/renewal of recognition or accreditation. Following the RTE Act's introduction, a school's recognition is only renewed if it has met these 10 standards.

Failing to get the renewal, schools could be fined Rs 10,000 per day until they meet the norms and for running the school in the absence of recognition. The management of these schools will also have to pay a penalty of Rs 1 lakh. The BMC is the statutory body issuing the recognition certificate for primary schools.

According to BMC officials, 218 schools had failed to renew their RTE recognition as far back as 2016. Some schools applied after the given deadline and were gradually granted recognition. During the ongoing assembly session, 32 legislators raised a query regarding this issue. In response, Minister of School Education Deepak Kesarkar clarified the situation:

"Under Section 18 of the Right of Children to Free and Compulsory Education Act, 2009, and as per the provision of Rule 11 (4) of the Right of Children to Free and Compulsory Education Rules, 2011, it is mandatory to obtain the RTE Approval Certificate (Index-2) from the office of the Education Officer of the concerned district."

Providing an update, Kesarkar added, "Of the 218 schools on the list, 192 have already managed to obtain RTE recognition. For the remaining 26 schools, the renewal process for 19 is currently underway, while seven schools have shut down."

The Child Rights Commission and education activists have questioned why no action was taken against these violations for so many years, raising concerns about oversight and accountability within the state's education system. "These schools did not have RTE recognition for years. According to the rules, they must obtain RTE recognition and renew it every three years. We have repeatedly sought explanations and action reports. Now, suddenly, all these schools have obtained recognition," said an official.

Nitin Dalvi, President of the NGO, Maharashtra Rajya Vidyarthi, Palak, Shikshak Mahasangh, who filed the complaint, said, "This is akin to a person involved in a scam who, after being on the run for years, returns and gets bail on the basis that he has reformed. Similarly, these schools were supposed to pay fines or penalties as stipulated under the act for operating without RTE recognition. However, none of this happened, and now they have managed to obtain and renew their recognition. What kind of cover-up is this?"

An official from the BMC education department justified the schools' actions and explained the process, "The process of applying for and obtaining RTE recognition is lengthy and time-consuming. It poses a logistical challenge for our department to thoroughly check and verify each proposal with our existing staff and resources.

Additionally, schools cannot be entirely blamed. Yes, it is true that some of these schools delayed their applications and submitted them after the deadline. However, just because they do not have RTE recognition does not mean they should be called unauthorised. We also have to consider the students studying in these schools before taking any punitive action."