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PC: The Indian Express

Context

According to the UDISE+ 2023-24 data, private school enrollment is increasing and in several areas it has surpassed government institutions. 

Legal Basis of the Right to Education Act

• The Right to Education (RTE) Act of 2009 established education as a fundamental right for children aged 6 to 14 years under Article 21A of the Constitution.
• Section 12(1)(c) of the Act requires all private unaided schools (except minority institutions) to reserve 25% of their entry-level seats for children from Economically Weaker Sections (EWS).
• Reimbursement Model: The government reimburses private schools for each EWS child admitted under this provision, depending on the per-child cost in public schools as determined by the respective state governments.

Genesis of the Right to Education (RTE) Act

Judicial Foundation

• Case: Unnikrishnan vs. State of Andhra Pradesh (1993)
  
  
• Judgment: The Supreme Court ruled that education is a fundamental right, flowing from Article 21 of the Constitution (Right to Life and Personal Liberty).
  
  
• Key Observation: The right to education is not absolute, but every citizen is entitled to free education up to the age of 14 years.
  
  

Constitutional Amendment

To give effect to this judgment, the Constitution (Eighty-sixth Amendment) Act, 2002 was enacted, which brought the following changes:

Part	Amendment	Provision
Fundamental Rights	Insertion of Article 21A	The State shall provide free and compulsory education to all children aged 6 to 14 years, in such manner as the State may determine by law.
Directive Principles	Substitution of Article 45	The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.
Fundamental Duties	Addition to Article 51A (k)	It is the duty of every parent or guardian to provide opportunities for education to their child or ward aged 6 to 14 years.

Legislative Implementation

• To operationalize Article 21A, the Right of Children to Free and Compulsory Education Act, 2009 (commonly known as the RTE Act) was enacted.
  
  
• The Act guarantees:
  
  
• Free and compulsory education for children aged 6 to 14 years.
  
  
• Standards for infrastructure, teacher qualifications, and curriculum in schools.
  
  
• Prohibition of capitation fees, screening procedures, and physical punishment.

Objectives of the RTE Act (Right to Education Act)

• Ensure Access to Quality Private Education:
  The 25% reservation clause under the RTE Act primarily aims to provide underprivileged children with access to quality private education, promoting social inclusion by mixing students from diverse economic backgrounds.
  
  
• Reducing the Rich-Poor Divide:
  It seeks to bridge the educational gap between the wealthy and the poor, fostering a more inclusive education system and contributing to greater social equity.
  
  
• Enhancing Access to Infrastructure and Teaching:
  The quota facilitates entry of disadvantaged children into private schools, ensuring they benefit from better infrastructure and higher-quality teaching.
  
  
• Bridging Institutional Gaps:
  The Act aims to narrow the quality divide between government and private schools, thereby establishing a more equitable learning environment.
  
  
• Inclusive Classrooms:
  By mandating mixed classrooms, the RTE fosters a culture of inclusion, encouraging interaction among children of varied socio-economic backgrounds.
  
  
• Reducing Social Segregation:
  The policy attempts to minimize caste, religious, and economic divisions, transforming schools into socially cohesive spaces.

Issues in Implementation of the RTE Act

• Opaque Student Selection Process:
  There is a lack of transparency in admission criteria. Parents and communities are often unclear about how students are selected, undermining trust in the system.
  
  
• Reimbursement Delays:
  Government payments to private schools for RTE admissions are frequently delayed, causing financial stress. For instance, Maharashtra faces annual delays, affecting school operations.
  
  
• Bureaucratic Harassment:
  Schools face burdensome paperwork and excessive inspections by education officers, resulting in administrative fatigue and deterring school participation in the scheme.

Reasons Teachers Oppose RTE Quota Implementation

• Institutional Risk: The primary concern among government school teachers is that poor students who transfer to private schools under the RTE quota will lower enrollment in public schools. This could result in closures, staff transfers, or the termination of teaching positions.
• Political Power: Teachers in places such as Maharashtra have their own Legislative Council constituency, giving them direct political power. This distinct representation strengthens their influence on educational policies.
• Organised Resistance: Teacher unions use their political connections and collective bargaining strength to systematically oppose the RTE quota. 
• These unions have emerged as the principal invisible factor preventing the policy's effectiveness.

Reasons for Resistance to the RTE Act by Private Schools

• Financial burden: The monthly education cost is ₹2000, while the government reimburses ₹800. Schools incur enormous financial losses from quota students.
• Elite Parental Pressure: Affluent parents experience "class anxiety" and avoid mixing with economically disadvantaged students. Annette Lareau's research has identified this as "moral boundary maintenance" behavior.
• Avoidance Strategy: Creating complicated admissions procedures and imposing hidden fees for uniforms and activities. Registering as minority institutions to avoid reservation restrictions.

Way Forward

• Madhya Pradesh's example of digital transformation is implementing a transparent online reimbursement system.
• Reduced Delays: Decreased bureaucratic delays and manual intervention in payment operations. 
• Results Accomplished: Enrollment in reserved seats is significantly higher than in other states. Some budget schools reached up to 80% quota seat usage. 
• Key Learning: When administrative systems are streamlined, policy implementation produces significantly better results.
• Financial Incentive Models: Lower operational costs make government reimbursement profitable for low-cost schools. Making timely payments creates a favorable business case for quota seat allocation. 
• Madhya Pradesh Case Study: The state provided payment for more than 25% of quota seats, providing an additional incentive. Budget schools have responded by reserving up to 80% seats for quota students.
• Teacher Integration: Educate government teachers that the RTE quota represents an opportunity rather than a threat to their jobs. Create incentive schemes to reward instructors who support inclusive education. 
• Private School Cooperation: Establish fair reimbursement rates that reflect actual educational expenditures. Strictly monitor minority institution exemptions to prevent misuse. 
• Social Integration: Promote a mixed classroom atmosphere through parent counseling programs.
• Digital Transparency: Implement transparent digital systems comparable to the Madhya Pradesh model in all states. Automate reimbursement processes to prevent delays and corruption. 
• Outcome Monitoring: Systematically monitor parental choice patterns and children's educational outcomes. Develop feedback tools to continuously enhance policy implementation.

Practice Question Q. Discuss the impact of quota in Private schools under RTE Act 2009.