Federalism and

Fidelity
A review of the provisions under the
national Model and State Rules under the
Right of Children to Free and Compulsory
Education Act 2009

Acknowledgements
Authors: Randeep Kaur and Anjela Taneja
We would like to acknowledge the support received from the following persons
in providing perspectives and insights into the issues:
Professor Nalini Juneja, National University of Educational Planning and
Education (NUEPA)
Annie Namala, Member Right to Education, National Advisory Council (NAC)
Ambarish Rai, Convener, National RTE Forum
Furthermore, we are grateful to Lucy Dubochet Research Manager, Oxfam India
for her editorial support to the process, the review of various versions of the
document and detailed inputs into the final reports. We also thank Jyotirmoy
Chaudhuri for language editing.
June, 2014
Supported by
Oxfam India
Oxfam India June, 2014
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Cover photo by : Anjela Taneja

TABLE OF CONTENTS

Page No.

ABBREVIATIONS 2
EXECUTIVE SUMMARY OF THE REPORT

Chapter I INTRODUCTION

Chapter II THE TRENDS

Section I: The School Management Committee

Section II. Out of school, special training and transition

22

Section III. Regulation and recognition of private schools

26

Section IV. Curriculum

32

Section V: Teacher related provisions

35

Section VI: Inclusion

41

Section Vii: Grievance redress and the role of the SCPCR

49

Conclusion

53

Appendix
Appendix I Roles of the SMC

58

Appendix II Additional criteria for recognition of private schools under RTE

58

Appendix III Additional modalities of recognition of private schools under RTE

60

Appendix IV Setting up of state-wide standardized testing machinery in the state

63

Appendix V Details of the 25% Quota

64

Appendix VI Provisions for grievance redress under RTE state rules

65

ABBREVIATIONS

ANM

Auxilliary Nurse Midwife

BEO

Block Education Officer

CCE

Continuous Comprehensive Evaluation

CPC

Circle Project Coordinator

CTS

Child Tracking Survey

DDPI

Deputy Director of Public Instruction

DDSE

Deputy Director of School Education

DEO

District Education officer

DSERT

Department of State Education Research and Training

ICT

Information Communication Technology

LA

Local Authority

NCERT

National Council for Educational Research and Training

NCF

National Curriculum Framework

NCPCR

National Council for Protection of Child Rights

NCTE

National Council for Teacher Education

PCR

Pupil Cumulative Record

PTA

Parent Teacher Association

PRI

Panchayati Raj Institutions

REPA

Right to Education Protection Authority

RMSA

Rashtriya Madhyamik Shiksha Abhiyan

RTE

Right to Education Act

SAC

State Advisory Council

SCERT

State Council for Educational Research and Training

SCPCR

State Council for Protection of Child Rights

SDP

School Development Plan

SDMC

School Development and Management Committee

SI

School Inspector

SMC

School Management Committee

SSA

Sarva Shiksha Abhiyan

TET

Teacher Eligibility Test

Executive Summary of the

Report
The present report undertakes an analysis of the
basic provisions of the Right of Children to Free
and Compulsory Education Act, 2009 (henceforth,
the RTE Act) and the Model and State rules across
the country, except in Jammu and Kashmir, where
the Act is not applicable. The analysis has been
undertaken to assess the extent to which the
provisions therein adhere to the core principles
of the Act (fidelity) and the intent behind
specific clauses therein, while also adapting
the provisions to state level specifications
and recognizing the fact that education is a
concurrent issue (federalism).
The present analysis looks at the model rules
that have been shared with the states to serve
as a basis for contextualization and offers a
comparison with the notified state rules. Further
levels of delegated legislation in the form of
specific government orders have not been
analyzed in the present paper. The main findings
have been clustered around the following themes
based on the provisions of the RTE Act itself, viz:
Issues pertaining to the school management
committees (SMCs)
Issues of inclusion
Issues pertaining to out of school children, and
those with need for special training
Regulation of private schools including 25%
reservation, regulation and recognition
Grievance redressal including the setting up
of State Commissions on Protection of Child
Rights (SCPCRs)
Provisions related to teachers
Curriculum

School Management Committees

The RTE Act laid down the formation of a legally
mandated structure for community, especially
parental, participation in school education in
the form of the SMC. These are expected to
plan, monitor and supervise the functioning of
schools. In a majority of states these have a twoyear term. However, six states have a three-year
term co-terminus with the school development
plan (SDP) they are expected to produce and two

have a term of only one year. Its membership

size ranges from eight to 27. All provide for
75% of membership to be drawn from parents
of children studying in the specific schools. All
states except Assam specify that it be done
through election of parents to the School
Management committee. All states have a parent
representative as the leader, except Delhi and
Andhra Pradesh. Fourteen states have provision
for some form of child representation in the SMC.
Eleven states have issue-based sub-committees
within the SMC. Frequency of meetings is usually
once a month. However, four states specify
that it should be done once a quarter or once
in two months. The SMCs have been tasked
with a range of responsibilities, many of them
fairly technical, but very few explicitly specify a
modality for the capacity-building of an SMC. All
states retain the clause of development of the
school development plan. All states retain all the
provisions, but six states add provisions. Most
follow the format of a three-year perspective
plan broken down into annual plans. Punjab is the
only exception with a two-year perspective plan
co-terminus with the SMC.

Out of school and special training

India has the worlds largest number of child
labourers and children out of school. However,
neither the RTE Act or model rules define the term
out of school child. Four states have a definition
of out of school children by including an
attendance criterion. This ranges from 15 (Kerala)
to 90 (Uttarakhand) days depending on the state.
Most states do not specify who is tasked with
their identification with either/and SMC or the
local authority (usually the local self governance
structure, the panchayat) being tasked with this.
The rules are largely silent on the respective roles
of both structures in this regard. Four states
explicitly expect some collaboration between the
two structures. Two states place responsibility
on the SMC alone and three holds the state
government responsible.
Most states specify that a process of bridging
of hitherto out of school children, through
special training would be undertaken either
on the school premises or in safe residential
facilities. Existing or specially hired teachers
would be used for the purpose. Unfortunately,
the modalities of their operation have not been
clearly defined. In Punjab, the duration of such

training is from three months to three years. Five

states lay no outer term. Only Tamil Nadu and
Kerala mention possibility of special training in
private schools.
Most states follow the model rules in terms of
the need to award a certificate on completion of
the academic term (i.e. at the end of eight years
of schooling). However, perhaps alarmingly, six
states have omitted the statement that the child
has completed all courses of study.

Private schools and basis of recognition

While 80% schools in India are government run,
private schools form a fairly significant number in
real terms. Furthermore, historically, processes of
regulation of private schools have often remained
weak and the new legislation was heralded as
being critical in terms of mandating a system
of regulation of private schools in all states.
According to the legislation, all schools are
expected to comply with a certain set of norms or
face closure and a process of recognition for all
private schools has been laid down.
All states except Rajasthan specify that schools
must file a self-declaration in the format laid
down. The duration of doing so is largely three
months, but has been extended to four months
in Madhya Pradesh and a year in Nagaland.
Rajasthan expects the pre-existing Act to be
followed. Three more state that schools already
recognized under existing state Acts need not
apply for re-recognition. The self-declaration is
largely submitted at the district level and would
be kept in the public domain for 15 (as per the
model rules) to 45 days (West Bengal). This has
been specified as a special website in five states.
Criteria for recognition largely conform to that of
the model rules, but add some more in several
states. Gujarat provides for heavy weightage to
learning outcomes through standardized testing
as a basis of derecognition of non RTE compliant
private schools. The recognition is to be granted
at the district level in 13 states (as per the model
rules) and six have provisions for an appeal
against de-recognition. In ten states there is
a proviso that a list of de-recognized schools
shall be maintained publically and 13 also state
that inspection reports will be kept in the public
domain.
Some states have stipulated a time-frame for
the recognition. Thus, in Andhra Pradesh and
Madhya Pradesh, recognition once granted will

be valid for a three-year period. It will be valid

for five years in Karnataka and Uttarakhand.
The procedure for de-recognition followed by
most states is broadly similar. Decision maker
for de-recognition is frequently the Director
of Education (in six states) or the Secretary of
Education (in two states).

Curriculum
The RTE Act expects all curricula to broadly
adhere to the provisions of the National
Curriculum Framework (NCF). This entails certain
steps to be taken to ensure curricula and
textbooks adhere to the same, starting with
the notification of a body or bodies for taking
the process forward which would act as the
academic authority. Most of the states have
adopted the model rules as it is in this regard or
actually specified their respective State Council
of Education Research and Training (SCERT) as
the academic authority for their states. Himachal
Pradesh and Karnataka visualize the possibility
of the existence of multiple academic authorities
in the same state. Gujarat has laid down testing
processes. The academic authority is largely
tasked with the same set of duties as laid down
under the model rules. There are in addition some
supplementary provisions or contextualization in
terms of reference to local structures.

Grievance redress and State Commission

for Protection of Child Rights
The RTE Act largely does not lay down a clear
mechanism for grievance redress. However,
provisions pertaining to redress may be found in
two locations in the model rules in the provision
for grievance redress for teachers and the
existence of the State Commission for Protection
of Child Rights (SCPCR). Only three states (Uttar
Pradesh, Uttarakhand and Rajasthan) provide for
redress of non-teacher issues in their rules.
All state rules make provision for the formation
of either an SCPCR or a transitionary Right to
Education Protection Authority (REPA) except in
Madhya Pradesh, Punjab, Tamil Nadu. Ironically,
Madhya Pradesh actually had an SCPCR for
the preceding year (albeit fairly understaffed).
Himachal Pradesh only mentions the setting up
of a REPA and not the full-fledged commission.
The clause that REPA has to be formed within six
months has been omitted in seven states. None
of the state rules that mention the formation of

REPA specify a time frame by which a full-fledged

commission should come up. This does not bode
well for the empowerment of these structures.
Punjab, Tamil Nadu and Nagaland omit the
mention of a State Advisory Council (SAC).

Teacher qualifications
The RTE Act mandates a universal minimum
education and professional qualifications in
order to be eligible to become a teacher, a critical
contribution. It also provides for a clear timeline
by which all teachers have to comply with the
same, envisages a professional teacher cadre
and curtails the involvement of teachers in nonteaching work.
The majority of states have repeated the
language of the model rules whereby the
unspecified academic authority will notify
the teacher qualifications. Assam, Delhi,
Himachal Pradesh, Karnataka, Odisha, Uttar
Pradesh, Uttarakhand, Rajasthan, Tamil Nadu,
and Punjab mention that the Central/National
Council for Teacher Education (NCTE) norms
would be followed. West Bengal, Madhya
Pradesh, and Andhra Pradesh do not mention
minimum qualifications. In addition, Nagaland
and Gujarat mention passage of the Teacher
Eligibility Test (a state-level examination) as
an essential qualification in order to become a
teacher. Nagaland also mentions laying down
a recruitment policy, forbidding the hiring of
teachers on ad-hoc/temporary basis and the
regularization of existing ad-hoc/temporary
teachers.
Most states mention that in case the state does
not possess enough institutions for providing
adequate trainings to the teachers, it should
apply to the central government for relaxation of
the minimum qualifications for appointment of
elementary teachers while the state government
strives to achieve the minimum qualifications
for all teachers within five years. Nine states
do not have this provision. The omission of
Jharkhand is interesting considering the large
scale appointment of para-teachers1 in the
state.

1
A non professional set of teachers hired by the government
on short term contract and on lower pay and frequently
having lower education and/or professional qualifications
than is otherwise mandated.

Many states specifically mention that it is the

duty of the state government to provide enough
educational facilities so that teachers possess
the minimum qualifications as laid down by the
academic authority. The school management
committee is expected to ensure this compliance
for private schools. Nine states, however, omit
the clause of the State being responsible for
ensuring teacher-training institutions are made
available. Maharashtra specifies it will be done
through aided and unaided private institutions.
Punjab, Assam and Arunachal Pradesh mention
their own capacity would be enhanced.
Eight states have excluded the clause that
lays down a statement of intent of having
a permanent cadre of teachers. The issue
of working conditions of teachers in private
schools has been avoided in a number of states.
Tamil Nadu is alone in stating that the working
conditions of teachers in unaided private schools
shall be as per government regulations. The RTE
Act was expected to end the non-formalization
of the teaching profession. Gujarat state
rules retain the duality of shiksha sahayaks
(literally, teaching assistants, but in practice
parateachers) and teachers. Two states permit
the SMCs to hire teachers. Twelve states have
omitted the clause of parity of working conditions
for special training teachers.
Duties of teachers are largely as per the model
rules. However, in four states the rules state that
they must undertake additional duties as may be
prescribed by the administration.
Most states follow the provisions of the model
rules in specifying the SMC as the first line of
redress on teacher issues. Most states lay down
tribunals for redress. Seven states omit block
level tribunals and three the state tribunals. Uttar
Pradesh omits all higher-level structures. Six
states look into redress in private schools.

Inclusion
The RTE Act was envisaged as facilitating the
social inclusion of marginalized communities.
However, several state rules have removed
some of the provisions for non-discrimination
in classrooms. Others make special mention of
provision for child labour, migrant and conflict
affected areas. Four states have mentioned the
child tracking survey in the state rules.

For children with disability, most states have

a provision for arrangements of appropriate
and safe transportation except Himachal,
Maharashtra and Nagalands state rules that
omit the provision for ensuring transportation
for children with disability, replacing it with the
provision that the state government or the local
authority (LA), will /shall endeavour to provide a
distance or transportation allowance. Delhi and
Kerala make a definite commitment. In Andhra
Pradesh the rules specify that all teachers in
regular schools shall be trained in appropriate
teaching methods for child with special needs
for the purpose of inclusive education. Andhra
and Kerala have made provision for home-based
education within the State Rules.
Marginalized communities are more likely to
reside in remote areas. Most states adhere to
the letter of the model rules by providing for a 1
and 3 km distance between home and school at
primary and upper primary levels respectively.
West Bengal and Jharkhand reduce the distance
to 2 km for upper primary. Karnataka alters the
wording of the rules of schools being available
within 1 and 3 km respectively to state that
schools shall normally be established at such
distance.
The RTE provision that has arguably received
the greatest media attention is the reservation
of 25% seats at entry level for children from
poor families and marginalized communities in
fees charging private schools. Most states have
largely adhered to the provisions of the model
rules for the same. Five states have provided for
an internal breakup in the rules to ensure that
the reservation is not monopolized by a single
group. Punjab and Andhra Pradesh considered
the issue of 25% implementation in minority
institutions. These provisions could have offered
some possible solutions to balance compliance
with RTE provisions and the rights of marginalized
communities.
Another critical aspect of the Act was its scope
for de-bureaucratization, by removing several
layers of documentation expected to be procured
by parents. However, despite this, five states
have retained the original wording of the model
rules requiring an affidavit as a proof of age.
Three states additionally ask for evidence of
age within six months of admission. Some other
states suggest additional sources of evidence
regarding age that would be accepted.

Conclusion
States were expected to translate model
rules into state rules adapted to local
conditions. However, the nature of these
processes has varied tremendously. The depth
of consultation has varied widely between
states. Contextualization has resulted in a
diversity of outcomes that at times depart from
the original intent of the model rules. While
some states have considerably expanded
specific provisions, others have omitted entire
sections. In particular, provisions with financial
implications have frequently been dropped in an
apparent attempt to cut costs and avoid major
departmental restructuring. There are instances
when provisions contradict the parent Act.
Broadly speaking, all states have made some
modifications while drafting their rules, although
no clear RTE champion state has emerged. The
paper identifies seven specific areas in which the
rules require strengthening.
Modalities of delegation of powers to the
community weak or inadequately defined
Demarcation of lines of responsibility and
operationalization of provisions remains
frequently unclear
Grievance redress remains a critical area of
weakness in the rules.
Lack of a clear definition of out of school
children is unfortunate since it has clear
implication on the implementation for or their
special training
Inadequate attention to the implementation of
rules on and regulation of private providers.
Continued inadequate attention to the issues
of teachers
The issue of Inclusion has not really been
mainstreamed in the state rules.Chapter I:

chapter I: Introduction
The passage of the Right of Children to Free and
Compulsory Education Act, 2009 (henceforth
RTE Act) has been a long-time coming. The first
effort towards passing a national compulsory
education legislation dates back to the
1911 Gokhale Bill that was placed before the
legislative council. At Independence in 1947,
the Directive Principles of State Policy under
the Constitution spoke of free and compulsory
education being provided to children within ten
years of its passage. In contrast, it was only
in 2002 that article 21-A was inserted into the
Constitution making education a fundamental
right. It lays down the legal provision whereby
every child has a right to free and compulsory
elementary education of an appropriate
standard in a neighbourhood school.
Education is a concurrent subject in which both
the Centre and states have a role to play. This
makes it imperative for the states to draft rules
fixing the modalities for its implementation,
keeping in mind the local realities. A set of model
rules were drafted by the Centre and circulated
to the states to serve as a skeletal frame around
which they were to draft their own rules. This
set of model rules was also used by the central
government to draft a set of central rules that
would apply to the schools under its own direct
jurisdiction (e.g. in the Union Territories of the
country).
It was expected that the model rules would be
modified by each state into fresh state rules
based on their respective local conditions.
However, these processes have varied widely
in quality, especially in terms of the depth and
degree of consultation undertaken. Consultation
is critical. It demonstrates the degree to which
the spirit and vision of the parent Act has been
understood by entire drafting teams in every
state. It also bears evidence to the extent
citizens have actually participated towards the
adaptation of the Rules with their aspirations
duly incorporated. There has been considerable
variation in terms of their contextualization
of the rules and several departures from the
original intent of the rules may be noted. While
considerable expansion of specific provisions
has taken place in some states, whole sections
have been omitted in others. There are also
instances when provisions run counter to the

parent Act. However, fundamentally, all states

have added some local flavour to the original
document.
The RTE Act has been much criticized in the last
couple of years as a legislation imposed from
above and running counter to the federal nature
of Indias polity. The present analysis is an effort
to assess the extent to which the process of
rule-making makes use of the space provided for
contextualization, at the same time delivering a
product that is faithful to the original provisions
and intent of the legislation.
Keeping this in mind Oxfam India commissioned
an analysis of the various provisions under
the state rules. An inherent limitation of this
analysis is that it only looks at the model rules.
Many of the states have since passed a range of
government orders that provide additional details
in terms of how specific provisions would be
actualized on the ground. It may also be essential
to reiterate that the model rules have only been
drafted for the issues listed under Section 38
of the Parent Act, not for the entire document.
At the same time, it is obvious that the passage
of rules does not necessarily translate into
implementation of these provisions.
The present analysis looks at the following:
Issues pertaining to the school management
committees (SMCs)
Issues of inclusion
Issues of out of school children, especially
those who need special training
Regulation of private schools including their
regulation and recognition and implementation
of the 25% reservation
Grievance redressal, including State
Commissions on Protection of Child Rights
Provisions related to teachers
Curriculum
This report follows the above framework. Each
section starts with the provision in the parent
RTE Act and the model rules. This is followed
by an analysis of the state rules and highlights
any exceptional provisions (positive or negative)
made. This provides a broad picture of the status
of the model rules across the country and crosscutting trends are identified.

This report is intended to feed into advocacy by

civil society across the country and may be of
use to researchers interested in a deeper reading
of the provisions.

Sources of the state rules

The Sarva Shiksha Abhiyan (SSA) national portal
has a few state rules. It has not been updated
on a continuous basis, though some rules
were sourced from this website. The majority
was downloaded from the respective states
education department or SSA websites. The rules
for Nagaland and Bihar were only available as a
hard copy and that was sourced from the RTE
division of Educational Consultants India Limited,
which falls under the Central governments
Ministry of Education and Culture. In some places
access was available through other websites
(other than government) but we did not use these
sources as it was felt that to ensure veracity the
SSA site should be the main focus.
It is thus clear that at the current moment there
is no centralized repository of the state rules
and these can only be accessed through state
chapters of SSA or education departments.
In some cases where the states had rules in both
Hindi and English we found some discrepancies.
For example, in Chhattisgarh, the number of
women members for the SMC in the English
version is tagged at 50 while the Hindi version
mentions that 50 per cent of SMC members shall
be women. In cases like this a common sense
approach was adopted and it was assumed that
the state meant 50% of SMC members would be
women.

Chapter II: The Trends

A. Analysis of the state rules

Section I: The School Management

Committee

1. Term of SMC

One of the key provisions of the RTE Act is the

formation of SMCs that has been seen to have
potential for parental participation in education.
The criticality of the provision stems from
the possibility that this provision provides for
engagement of the community in planning,
monitoring and accountability of the schools.
The specific provision draws on, and goes
beyond, pre-RTE provisions and lays down a pannational framework for such structures. As such,
it offers considerable potential for deepening
the accountability systems of the education
system through strengthening the voice and
agency of parents and children themselves in the
governance of the school.

Mostly two years in states, except West

Bengal, Jharkhand, Karnataka, Odisha,
Tripura and Assam where it is three years.
In Uttarakhand and Manipur the term is set
for a year. Chhattisgarhs original state
rules notified the SMCs term at one year,
but this has since been amended through
a special circular. The duration of one year
may be inadequate for lasting change to be
brought by, especially in light of frequent
delays in roll-out of training of SMC members.
In contrast, Nagaland does not mention a
term. Uttarakhand specifies that the term
of an individual SMC member may be higher
provided the child whose parent is the
member of the SMC continues to be a student

Provision in the Act

A school, other than a school specified in sub clause (iv) of clause (n) of section 2 shall constitute
a School Management Committee consisting of the elected representatives of the local authority,
parents or guardians of children admitted in such school and teachers:
Provided at least 3/4 of members of such Committee shall be parents or guardians; Provided
further that proportionate representation shall be given to the parents or guardians of children
belonging to disadvantaged groups and weaker section.
Provided also that 50% of members of such Committee shall be women.

Provision in the model rules

(1) A School Management Committee (SMC) shall be constituted in every school, other than
an unaided school, within its jurisdiction, within six months of the appointed date, and
reconstituted every two years.
(2) Seventy five per cent of the strength of the SMC shall be from amongst parents or guardians of
children.
(3) The remaining twenty five per cent of the strength of the SMC shall be from amongst the
following persons
a) One third members from amongst the elected members of the local authority, to be decided
by the local authority;
b) One third members from amongst teachers from the school, to be decided by the teachers
of the school;
c) Remaining one third from amongst local educationists / children in the school, to be
decided by the parents in the committee.

of the school. Assam makes a provision

for the continuity of processes, whereby
the new SMC has to be constituted within a
month of the expiry of the old committee. The
old structure continues to function until the
new committee is formed. This is a critical
feature that ensures that at no time would
any school lack an SMC.

formation of the SMCs. These have not been

looked at under this document.

Assam specifies that one parent can be

a member of only one SMC at a time. This
is an important step considering past
experience when the same influential
people became SMC position holders in
multiple schools.

2. Number of members

The number of members ranges between

eight in Uttarakhand to 27 in Andhra
Pradesh. In Haryana and Kerala the SMC
strength is linked to number of children in
school with larger schools having a larger
body.

All states make provision for

representation of parents from
marginalized communities. In addition,
Kerala specifically makes room for the
representation of a parent of a child with
disability in the SMC.

Failure to consider the feasibility of

calculating percentage values, as in 50%,
75% and two-thirds of the strength of
members is a concern while determining
the count in a large number of states.
In the majority of states the figure is a
fraction which is not going to be feasible
to implement. Thus, Uttar Pradeshs rules
specify that the number of parent SMC
members will be 11 and state that the
representation of women members would be
50% of the same in the very next sentence.
This creates confusion at the time of actual
formation of the same in the individual
school where it becomes impossible to
actually implement having a fraction of a
person occupy a position.

Kerala has recognized the fact that in a

committee that is expected to last for
two to three years, some of the children
of the parent members may be passing
out of the school, and makes provision
for replacement of these members. The
SMC rules state: Provided that where the
child of a member has left or completed
his studies in that school, such member
shall be replaced by a parent selected
at random from among the parents or
guardians of the children of that category,
for the remaining term of the Committee.
Madhya Pradesh has made special
provision for parents from economically
weaker sections whose children are high
achievers. This provision was also earlier
in place for Andhra Pradesh, but has since
been amended. Maharashtra seeks SMC
members from parents whose children are
at three different levels of achievement
(high, medium and low). This goes against
the spirit of both the National Curriculum
Framework (NCF) and the expectation that
the parent Act will introduce Continuous
and Comprehensive Evaluation that would
look at learning in totality and not through
artificial categories of high and low
achievement.

3. SMC structure

10

In most states, this is broadly based on the

model rules. This includes the necessity of
having 75% parents and the representation
of women. However, while some states have
specified the actual number of members,
some have just left it open (only specifying
that 75% would be parents). The lack of
operational detail also extends to the
provision of proportionate representation for
marginalized communities. Of operational
concern: What would this proportion be to
the catchment area of the specific school,
the schools actual current enrolment, the
population of the overall panchayat, the
district or the state? Hopefully, some of these
issues would have been further resolved in
the detailed operational guidelines for the

Some states have, however, introduced some

additional provisions to address some of the
other practical issues encountered.

4. Variation in SMC structures

Three issues are of relevance when

addressing the functioning of the SMC
its structure and its relationship with

pre-existing processes for community

participation in education. The effort to detail
out structures and processes is welcome.
However, it would be essential to ensure
that these have clearly delineated roles,
are empowered and adequate investment is
made towards building their capacities.
1. Tiers of the SMC: Uttarakhand and
Rajasthan have two bodies the SMC
general body and an executive body.
The former consists of all the parents
and teachers of the school and the
latter consists of the position holders.
Similarly, Odisha maintains a distinction
between the Parent Teacher Association
(that acts as the general body) and the
SMC. The presence of a general body with
specific responsibilities is critical for
ensuring accountability of the elected
SMC members.
2.

Sub-structures of the SMCs:

Maharashtra, Nagaland, Manipur,
Meghalaya, Uttar Pradesh, Punjab,
Sikkim, Tripura, Madhya Pradesh,
Goa, Haryana and Mizoram have
made provision for sub-committees/
working groups within the SMC to focus
on specific aspects of functioning
pertaining to the school. This is a
welcome step, but it would be critical to
ensure empowerment of the structures
thus formed.

3. Relationship of SMCs and pre-existing

school level structures for community
participation in the school: SMCs are
not the only school level structures
for community participation and many
states have had communities in place
either under SSA, Rashtriya Madhyamik
Shiksha Abhiyan (RMSA) or as part of the
respective state education or Panchayati
Raj Acts. Punjab specifies a single SMC
irrespective of whether this is a primary,
middle or higher secondary school.
In contrast, Uttarakhand provides
for different structures being formed
at each level. Kerala mentions the
representation of the Mother-Teacher
Association in the SMC. Nagaland,
with a standing system of community
participation in education, has chosen
to go ahead with the existing structures

under the Nagaland Communitization Act,

2002, with the rider that the same would
be reviewed in line with the provisions
of the RTE Act. It would be imperative
to ensure that the specific roles and
powers of each of these structures
have been laid down in the operational
guidelines to minimize confusion.

5. Nominated and ex-officio members of

the SMC

A range of stakeholders has been included

as ex-officio members. All states include
teachers/head teachers of the school
and most also provide for membership of
representatives of the local authority (LA).
Delhi provides for a representation of parttime teachers of the schools as special
invitees in the SMC. In addition to this, there
is considerable variety in the provisions.
Local Educationist: Arunachal Pradesh,
Chhattisgarh, Tamil Nadu, Punjab,
Odisha, Mizoram, Meghalaya, Haryana,
Goa, Karnataka and Gujarat specify
the representation of either a local
educationist or children, with the decision
being made by parents. In addition,
Manipur and Kerala make provision for
the participation of local educationists.
Delhi has made provision for the presence
of a social worker actively engaged with
education. None of these states have
really made any guidelines for what
constitutes a local educationist, which
is of concern. There are possibilities that
conflicts of interest could arise from
the appointment of local private school
owners or people without real stake in the
school system in this capacity.
Operationalization of representation of
local authority: In a majority of states
this is at the discretion of the concerned
LA. Madhya Pradesh specifies that the
member has to be a woman (nominated
either by the Mayor/chairperson of
the urban local body or the sarpanch
depending on whether it is an urban or
rural school). Uttarakhand provides for
the participation of both the sarpanch/
up-sarpanch and the panchayat
secretary. Kerala and Rajasthan specify
that the local ward member should

11

be the representative. Rajasthan also

includes all elected members of the
local authority residing in the area who
could perhaps be expected to have a
greater interest in developing elementary
education in the area. Fundamentally, a
provision for representation by a political
representative in each school opens
up the space for political interference
from the rural elites. None of the state
rules provide for the SMCs to have a
direct reporting line to the Panchyati Raj
Institutions (PRI) through its notification
as a panchayat sub-committee.
Provisions for collaboration with allied
services: Uttar Pradesh provides for
representation of the ANM (Auxiliary Nurse
and Midwife) in the SMC whereas Assam
and Karnataka extends the provision to
health workers or anganwadi worker.
This could be said to foster engagement
between these institutions in the village.
Similarly, Andhra Pradesh makes a
provision of the participation of the
Mahila Samakhya (education for womens
equality) nominee of the village. Kerala
makes a provision for what it calls a
school leader. Kerala also empowers the
convener of the SMC to invite up to three
persons at a time as special invitees to
advice on specific issues such as child
protection, health and nutrition, child
psychology and on matters relating to
construction activities undertaken by the
committee. These provisions are broadly
welcome in terms of their potential to
ensure linkage of education sector with
other allied fields. There are, however,
some instances where this desire for
collaboration has been taken beyond
what would be desirable. In Gujarat, there
is a provision for compulsory membership
of a local mason. Indeed, the rules state
that if there is no mason in the village,
then masons from nearby village is to be
made a member.
Role of the education department: The
SMC is expected to ensure parental
participation and leadership in the
education endeavour. However, three
states have vested considerable decision
making powers with the education
department. Karnatakas rules give the

12

Block Education Officer (BEO) the power

to appoint the teacher and children
representatives. The BEO has also been
made the competent authority to ensure
functioning of school development
and monitoring committees (SDMCs)
in his/her jurisdiction and to facilitate
resolution of disputes. In Kerala, the
Assistant Educational Officer is vested
with the responsibility for timely
constitution of the committee, organizing
training of members and facilitating its
proper functioning. Discretionary powers
have been granted to the BEO in Assam
for the appointment of president and
vice-president (described below). Efforts
by some states to lay down responsibility
on a specific officer to ensure functioning
of these structures and their capacity
building are welcome. However,
provisions whereby the state has the
discretion to appoint specific SMC
members would impede the autonomy
of these structures and defeat the very
purpose of the formation of the SMC.
Linkages with administration: Uttar
Pradesh makes provision for the
membership of the lekhpal (village
accountant/land records officer) on the
nomination of the District Magistrate (DM).
Under the rules, considerable powers have
been vested on the DM in the state. The
lekhpal becomes the eyes and ears of the
DM within the committee.
The special case of the SMCs in aided
schools: Aided schools are private
schools receiving government funding
of certain kinds and fully complying with
the regulations therein. The state rules
in Maharashtra and Tamil Nadu allow
representatives of the management to be
appointed as chairpersons of the SMC. In
the case of Goa and for aided schools, the
Management Committees formed under the
Goa School Education Rules, 1966 for the
Goa, Daman and Diu School Education Act
have been notified as the SMC. The specific
mention of aided schools in these rules is a
welcome move since the rest of the states
have failed to consider the modalities of
the formation of SMCs in aided schools.
This had been a critical omission, given the
fact that these schools, which form a fairly

large percentage of the schools in several

states, are supported by government
funds. This specific model also avoids
the concerns raised by private school
managements about the SMCs affecting
their autonomy, while also providing space
for decision making of the community.

signing off the school development plans.

Consequently, it is critical to ensure that
parental leadership is maintained in the SMCs.

6. Student representation in the SMC

A critical opportunity offered by the SMCs

is the space for child participation in
the education system. Andhra Pradesh,
Jharkhand and Maharashtra have
representation of students in the SMC.
Bihar also allows for students from the Bal
Sansad (childrens parliament) and those of
the Meena Manch (girls groups established
across the state by education department)
to attend regular SMC meetings. Maharashtra
specifies that two children (one boy and one
girl) would be co-opted as members without
voting rights. Jharkhand makes a formal
representation for one child representative
of the Bal Sansad of the school. In addition,
Arunachal Pradesh, Chhattisgarh, Tamil Nadu,
Punjab, Odisha, Mizoram, Meghalaya, Haryana,
Karnataka and Gujarat provide a space for
child participation in the SMC at the discretion
of the parent body.
It is to be seen how the power dynamics
are addressed to enable children to raise
issues of concern during deliberations of
the SMC. While representation is a good
step, an enabling frame may be needed
for childrens voices to be actually heard.
Detailed operational guidelines need to be
issued to support processes of community
participation.

7. Leadership of the SMC

Most states have a parent representative

as the leader. Delhi is an exception, with
the head teacher as the president. This
creates an anomalous situation where the
sanctioning authority rests with the school.
In Andhra Pradesh, the sarpanch is made the
chairperson of the SMC in rural areas and in
municipal areas the concerned councillor/
corporator is appointed. The SMC president,
in addition to representing the parental voice
within the school, is also the signatory for the
financial accounts of the school and the one

In Assam the rules make it explicit the need

for the President or the Vice President of the
SMC to be a woman. The efforts to ensure
presence of women in leadership positions
are welcome. This can be a precedent for
participation of parents from marginalized
backgrounds in leadership positions.

8. Process of formation of the SMCs and

subsequent functioning

All states, except Assam, have a system

of election of parents to the SMC. In Uttar
Pradesh the SMC can be formed through
consensus in an open meeting. Very few
state rules lay down the operational details
of the formation of SMCs. This has been left
to the subsequent operational rules.
Processes of formation: In Uttarakhand
and Assam it has been specified when
the SMC elections should take place
and a detailed process of election and
quorum has been laid down. Bihar has
one of the most detailed rules with regard
to elections of the SMC and provides for
the formation of an electoral roll to elect
members of the committee, a system for
corrections/additions and deletions in the
roll, nomination/ and selection/election
of parents of children from disadvantaged
sections. Bihar, Kerala and Rajasthan lays
down a quorum for the SMC equivalent
to at least one third of the members. The
quorum is 50% in Tamil Nadu and 70%
in Assam. A 30% quorum for the general
body of the SMC has been laid down in
Uttarakhand. It is essential to ensure that
guidelines or rules lay down the specific
operational details of how the SMCs are to
function to avoid subsequent confusion.
Recall: In Assam and Uttarakhand, an
elected Chairperson or Vice-Chairperson
can be recalled through a 2/3rd and 3/4th
majority respectively and a new a new
position holder has to be elected within
a time bound period. Similarly, Bihar has
a provision of passing a no confidence
motion against the president of the SMC
and also has provision whereby the local

13

requisition for it. Assam also provides for

the DEEO to remove an SMC president on
recommendation via resolution signed by
more than 50% SMC members and after
an investigation by the Deputy Inspection
of Schools/Block Elementary Education
Officer. In addition, the entire SMC may
be dissolved by an order of the Deputy
Inspector of Schools/Block Elementary
Education Officer on the basis of
resolution adopted in a meeting and after
a due inquiry is conducted. The grounds
for this include negligence of its duties
and responsibility as assigned in these
rules, non-compliance to government
orders or/and non-cooperation towards
the implementation of the government
funded schemes for the improvement of
academic environment in the school.

authority can dissolve the SMC under

certain conditions. Bihar also provides for
complaints against the SMC for not holding
meetings regularly. Laying down a clear
process of dealing with inactive SMCs
members is critical to ensure that the
structure remains always active.
Frequency of meetings: Majority of the
states specify that the SMC is to meet
once a month. West Bengal, Kerala,
Delhi and Tripura provide for the SMC to
meet every two months. Chhattisgarh,
Nagaland, Gujarat and Rajasthan, however,
specify that the meetings are to take
place at least once in a quarter. The
instance of Chhattisgarh is particularly
critical since it was one of the states that
laid down a term of one year for the SMC.
Fundamentally, if community ownership
over the educational endeavour is to be
ensured, it is critical for SMCs to meet
regularly. One meeting in a quarter may
not be adequate if the community is to
get deeply engaged and is expected to
play the range of roles laid down. Assam
specifies that since the SMC is responsible
for approving the absentee statement of
the teaching and the non teaching staff
of the school, the meeting must be held
before the last working day of the month.
Concerns about autonomy of the SMC: In
Assam, where parents can be selected to
the SMC, the District Elementary Education
Officer (DEEO) , after examining the
relevant SMC resolution, may approve the
name of one person as president and the
other person as the vice-president out
of the names of two persons selected/
elected by the parents/guardians. The
criterion for this decision has been
specified as the comparative educational
qualification, aptitude and willingness to
work for the betterment of the school of
these two persons. The SMC comes into
effect only when the Deputy Inspector
of Schools or the BEO approves it.
Furthermore, the DEEO or as authorized
by him, the Deputy Inspector of Schools/
Block Elementary Education Officer shall
have the authority to issue direction for
holding the meeting of SMC. The President
can call a special meeting of the SMC only
if more than 50% SMC Members make a

14

9. Role of the SMCs

Most state rules repeat with minor variation

the provisions made under the model rules.
Roles of SMC as provided in the Act
The SMC shall perform the following
functions
a) Monitor the working of the school;
b) Prepare and recommend school
development plan;
c) Monitor the utilization of the grants
received from the appropriate
government or local authority or any
other source; and
d) Perform such other functions as may be
prescribed.
Provisions in model rules
(a) Communicate in simple and creative
ways to the population in the
neighbourhood of the school, the
rights of the child as enunciated in
the Act; as also the duties of the state
government, local authority, school,
parent and guardian;
(b) Ensure the implementation of clauses
(a) and (e) of section 24 and section
28,
(c) Monitor that teachers are not burdened
with non academic duties other than
those specified in section 27;
(d) Ensure the enrolment and continued
attendance of all the children from the
neighbourhood in the school;

SMCs to monitor that the teachers take

all measures to improve the quality of
education of the students in the school.
Karnataka makes it the duty of the SDMC
to ensure a minimum of 220 working days
in a year and also fix local holidays not
more than four days in a year.

(e) Monitor the maintenance of the norms

and standards prescribed in the
Schedule2;
(f) Bring to the notice of the local
authority any deviation from the rights
of the child, in particular mental and
physical harassment of children, denial
of admission, and timely provision of
free entitlements as per section 3(2).
(g) Identify the needs, prepare a plan,
and monitor the implementation of the
provisions of section 4.
(h) Monitor the identification and
enrolment of, and facilities for learning
by disabled children, and ensure their
participation in, and completion of
elementary education
(i) Monitor the implementation of the midday meal in the school.
(j) Prepare an annual account of receipts
and expenditure of the school.

b. Oversight and regulation of teachers.

a. Learning outcomes and quality.

About half a dozen states have included

specific responsibilities for SMCs to
further the overall learning environment
in schools. Thus, Andhra Pradesh,
Kerala and Uttarakhand have provided
for SMCs to monitor the achievement
of the expected learning outcomes
of children. In the case of Kerala,
the rules also specify that help of
experts may be taken in this regard.
Uttarakhand expects the SMC to work
for qualitative reforms by improving the
level of educational achievement of
the students and review the evaluation
and progress report of children through
continuous and comprehensive
evaluation. They are accordingly
expected to take steps for remedial
education/special training. In Andhra
Pradesh, the SMC is expected to arrange
to demonstrate learning outcomes of the
children in the areas of reading, writing,
simple arithmetic and comprehension,
picking the children at random from each
class. In Assam the SMC shall take all
the necessary steps for the growth and
development of the school leading to
an educational environment conducive
for attainment of academic excellence
by the children. Punjab expects the

This expectation that SMCs intervene on

the more technical issues would happen
when they are pertaining to quality is
welcome. However, the SMCs would need
to be supported and nurtured in order to
step into this role. The nature of support
(financial and otherwise) that an average
SMC would receive to fulfill this range
of objectives is unclear. Consequently,
it would be critical to ensure that the
process of capacity building of SMCs
reflects these expectations. 2

Several state rules speak of the role

of the SMC in tracking attendance.
However, a few states go beyond this
to enter into the domain of teacher
recruitment, performance appraisal and
transfers. It is critical to ensure that
the professional authority of teachers
is not impacted in this regard and
clear mechanisms for adoption of due
process are taken.
Recruitment of teachers on short
contracts. In Kerala SMCs are
expected to provide teachers against
vacancies from a panel maintained
by the LA. This process is initiated
for vacancies upto one academic
year. The remuneration is fixed by
the Director of Public Instruction.
It is hoped that the education
department would provide the
necessary resources for the same.
Under the Karnataka rules, local
persons can be hired as teachers
or instructors on a voluntary basis
or on payment of fixed honorarium,
the cost being covered by the SMCs
funds. However, no regular post can
be filled on a permanent basis in this
manner.

This refers to the Schedule 1 under the RTE Act that contains
the minimum infrastructure and teacher availability norms of
schools under the Act

15

 Teacher training. In Karnataka the

SDMC is responsible to provide needbased training of teachers based on
the demands of the teachers and
head teachers. It is, however, unclear
to what extent an individual SDMC can
be expected to intervene to provide
training given the centralized nature
of the provisions. 3

While the principle of SMCs having a

say in terms of who teaches in their
school is welcome, it is critical to
ensure that this system of hiring on
short term contracts is not misused
to hire para-teachers through the
back door. Karnataka could consider
a mechanism like that of Kerala
whereby the panel of teachers is
maintained by the government and
minimum qualifications are adhered
to. In both instances, however,
it is critical to ensure that the
government provides the funds and
charges are not levied on parents for
meeting the salaries of the teachers.

Prohibition of private tuitions and

other work. Goa spells out the clause
of non-engagement of teachers
in private tuition to include private
consultancy or business or rendering
services to any firms with or without
remuneration.3

SMCs and review of teacher

performance and transfers. In
Uttarakhand, the general body of the
SMC has been vested with the powers
to recommend teacher transfers,
both for good and bad performing
teachers. However, it is critical
to ensure that punitive decisions
are not taken without giving the
teachers ample opportunities for due
process. Karnataka also provide for
SDMCs to periodically review teacher
performance.

c. Child tracking and special training

Uttarakhand:

Tracking attendance. In Kerala and

Karnataka, SMCs are expected to
ensure complete enrollment and
undertake tracking of childrens
attendance. Uttar Pradesh additionally
mentions the role of the SMC in
ensuring enrollment of children
at age six. The most detailed and
unambiguous guidelines of the
specific role expected to be played
by the SMCs for tracking teacher and
student attendance is described in
the Assam state rules. The relevant
section can be seen in Appendix I.

(xix) The General body of School Management

Committee (SMC) of a school situated in
remote/remotest area may make a recommendation to the District Education Officer
that the transfer of any particular teacher
shall not be done because of special contribution of such teachers in the development of children, provided that a written
consent is also given by such teacher,
then transfer of such teacher shall not be
done till next session; and
(xx) In cases of proposals passed by the two
third members of the general body of
the School Management Committee for
the transfer of any teacher working in a
Sugam School3, because of unsatisfactory
performance of such teacher, then such
teachers shall be transferred, provided
that minimum stay of such teachers has
been completed, provided that such types
of decisions may be taken on the meeting
organized for the review of annual evaluation at the end of academic session.

16

Ensuring universal enrollment of children

has been one of the traditional roles
expected to be played by the pre-RTE
community-based structures. This
has been expanded by several states.
However, there is a real concern about
the capacity of the SMC to undertake
the range of activities vested on them.
This includes the extent to which SMCs
are actually empowered for action, the
availability of funds and also the extent
to which they are trained to undertake
these actions.

Special training. Several states

furthermore talk about the role of the
SMC in facilitating the initiation of
special training.
Inclusion. Karnatakas rules specify
that the SMC is expected to ensure
3

Hills Schools

non-discrimination against and

provision of special facilities such as
hearing aids, Braille etc. to children in
the neighbourhood who are physically
or mentally disabled to enable them
to attend school. It is also expected
to monitor the identification and
enrolment of and facilities for learning
of disabled children and also to ensure
their participation in and completion
of elementary education. Uttarakhand
makes it the responsibility of the SMC
to ensure the identification of children
with disability and to provide them
with inclusive education.
d. Financial oversight

The RTE Act vests considerable

powers on the SMCs for oversight of
their schools. This includes planning
(delineated in more detail in the
subsequent section on preparation
of the school development plans),
monitoring of expenditure and its
subsequent audit. As the subsequent
section suggests, responsibilities to be
undertaken by the SMCs in a few states
are of a fairly technical nature, especially
in the absence of adequate supportive
systems and capacity building for them
to play the range of roles anticipated.
Supervise properties, funds and
finances of school. In Karnataka,
SMCs are expected to supervise all
properties, funds and finances of
the school. It may issue appeals and
applications for money and funds and
receive, collect and accept any gifts or
donations, either in cash, kind or of any
property, either movable or immovable.
The SMCs can spend the funds in the
fulfillment of all or any of its functions.
This is not to be interpreted as
authorization to collect donations from
parents. This would be in violation of
the expectation that education in the
school is to be free.
Financial oversight. In Uttarakhand
SMCs are expected to monitor civil
works and ensure transparency,
arrange for the furniture and
maintenance of the school and monitor
the utilization of annual school and

maintenance grants. Furthermore, the

rules specify that materials purchased
by the SMC for the development of
the school shall be purchased under
the prevalent procurement rules of
the state government. The extent to
which the parent SMC members are
conversant with these provisions is
open to question. In the case of Goa,
the role of the SMC has been spelled
out to prepare annual accounts of
receipt and to submit the same to the
Management Committee.
Oversight of assets. Karnataka
also expects the SDMC to oversee
the infrastructural facilities like
playground, compound walls,
classrooms, toilets, furniture, provision
for drinking water etc. for the school.
It shall also arrange construction and
maintenance of any works as per the
annual work plan/school development
plan (SDP). It is likewise expected
to protect school premises against
encroachment and nuisance. Similarly,
the Uttarakhand state rules provide for
SMC oversight of school building, library
and other assets.
Auditing. Tamil Nadu, Jharkhand,
Madhya Pradesh, Arunachal Pradesh,
Chhattisgarh, Delhi, Manipur,
Meghalaya, Karnataka, Punjab,
Rajasthan, Sikkim, Mizoram, Nagaland,
Tripura, Odisha and Haryana specify
that any money received by the
committee for the discharge of its
functions under this Act, shall be
lodged in a separate account, and
made available for audit every year.
Kerala, in addition, specifies that
the funds are to be audited annually
by a chartered accountant engaged
by the committee and presented
before its annual meeting along
with audited report. Andhra Pradesh
expects the committee to have
the accounts audited by either a
chartered accountant or a local fund
auditor or one from the department of
cooperatives.
The chairperson and/or vice chair
becomes the signatory of the school
accounts, which are to be handed over

17

either to the education department

officials or the LA, which varies from
state to state. For example, in Kerala,
the accounts are shared with the
department, while in Tamil Nadu and
Jharkhand, the LA is responsible.
In the case of Assam, the member
secretary of the SMC is held
responsible for the maintainance of
the financial records of the school,
but is duty bound to place the
details of the financial transactions
in the monthly SMC meeting. The
SMC is, in turn, expected to submit
the utilization of the funds to the
concerned authorities.
Uttarakhands state rules are the
only rules that record the potential
of social audit4 of the SMC accounts.
The member secretary of an SMC is
expected to present the accounts
before the meeting of the general
body, which is then provided for social
audit and general/special audit by an
authorised agency nominated by the
government.
e. Others
A range of other tasks are assigned to the
SMCs under some of the state rules.
Linkage with health systems. In
Uttarakhand the SMC will ensure
the regular health check-ups of
the children studying in the school,
provide assistance in health check-up
programmes organized by the education
and health departments and to prepare
the health cards of the children with the
coordination of the health department.
Karnataka also expects the SMC to oversee
hygiene, upkeep and maintenance of the
school; in addition, monitor the school
health programmes and facilitate regular
health camps in the schools.
In Uttarakhand, SMCs are expected to
ensure the cooperation of the community
"Social Audit is a process in which, details of the resource,
both financial and non -financial, used by public agencies
for development initiatives are shared with the people,
often through a public platform. Social Audits allow people
to enforce accountability and transparency, providing
theultimate users an opportunity to scrutinize development
initiatives. (http://planningcommission.nic.in/reports/
sereport/ser/stdy_sagspr.pdf)

18

in co-curricular activities such as fairs

for children called Bal Melas (children
fairs), science exhibitions and games
competitions held in schools.
In Maharashtra, SMCs are expected to take
cognizance of childrens opinion based
on the report of the childrens parliament
at school level called the Bal Panchayat
(chidlrens group) formed in the school.
Karnataka expects the SMC to ensure that
schools have the child helpline number
displayed prominently.
10. School Development Plan
Provisions under the model rules:
1) The School Management Committee
shall prepare a School Development Plan
at least three months before the end
of the financial year in which it is first
constituted under the Act.
2) The School Development Plan shall be a
three year plan comprising three annual
sub plans
3) The School Development Plan, shall
contain the following details
a) Estimates of class-wise enrolment for
each year;
b) Requirement, over the three year
period, of the number of additional
teachers, including Head Teachers,
subject teachers and part time
teachers, separately for Classes I to V
and classes VI to VIII, calculated, with
reference to the norms specified in
the Schedule
c) Physical requirement of additional
infrastructure and equipment over
the three year period, calculated, with
reference to the norms and standards
specified in the Schedule
d) Additional financial requirement
over the three year period, yearwise, in respect of (b) and (c) above,
including additional requirement for
providing special training facility
specified in section 4, entitlements of
children such as free text books and
uniforms, and any other additional
financial requirement for fulfilling the
responsibilities of the school under
the Act.

the need for inclusion of a plan for early

detection of disability and intervention.
Karnataka also expects it to detail
the academic improvement activities
of the school including periodical
review of performance of children
in both curricular and co-curricular
activities. The Kerala rules spell out
the physical requirement of additional
infrastructure and equipment,
especially for laboratory, information
and communication technology, library,
sports and games calculated with
reference to the norms specified in the
Schedule and in the Kerala Education
Rules. In Maharashtra the state rules
suggest the requirement of additional
teachers for special training of outof-school children, filling of periods
of teachers extended leave and
arrangement of educational support
for children from the weaker sections,
disadvantaged sections and children
with disabilities.

4) The School Development Plan should

be signed by the Chairperson/ViceChairperson and Convener of the School
Management Committee and submitted
to the local authority before the end
of the financial year in which it is to be
prepared.
a. Plan period

Most of the states have followed the

central rules in laying down the format
of a three-year perspective plan broken
down into annual plans. Punjab is the only
exception with a two-year perspective
plan coterminous with the SMC.

b. Process of development.

Andhra Pradesh has provided that the

SDP is to be prepared each year by
calling a gram sabha involving all the
parents of the children enrolled in the
school, the local peoples representative
of the PRIs, the mahila samakhyas5. A
representative of any prominent NGO
working in the field of education in the
neighbourhood of the school, if any,
may also be invited. Other states fail
to mention such provisions which are
highly desirable to ensure wider sense of
acceptance of the plan.
In Kerala the rules specify that the SMC
prepare a master plan for the school
using services of experts, keeping in
view the future requirements of the
school and incorporating the concept
of learner-friendly and eco-friendly
construction.

c. Content of the School Development

Plan(SDP)

Most states follow the model rules.

However, Andhra Pradesh expects a
special focus on school sanitation,
school safety and health & hygiene.
Both the Andhra Pradesh and Karnataka
rules suggest that plans for addressing
the needs of disabled learners be
made. Andhra Pradesh speaks about

The Mahila Samakhya programme was initiated in 1989

by the Ministry of Human Resource Development under the
Department of Education. It provides women and adolescent
girls with the necessary support structure and informal
learning environment to create opportunities for education.

West Bengal has the most detailed

description of the SDP including:

a) Location, land details, connectivity,

and any other interesting details of the
school including its history, alumni, good
practices of the school and its students
etc,
b) Details of class wise enrolment for each
year, including those of children with
special needs and children of special
focus groups and enrolment made under
clause (c) of sub-section (1) of section
(12), if applicable.
c) Three years projection of requirements
of additional teachers, including head
teachers of Class I to IV.
d) 3 years projection of requirement of
additional infrastructure, including that
of child friendly and barrier free building,
infrastructure for smooth implementation
of the cooked Mid day Meal Program if
applicable, water sanitation facilities,
and other amenities, furniture and
equipment including Teaching Learning
Equipment, library books, sports and
games equipment and play material
calculated with reference to existing
norms and standards.

19

e) Minimum number of working days and

instructional hours in an academic year;
f) Minimum numbers of working hours per
week for the teachers;
g) School safety plan for different hazards
and vulnerabilities;
h) Strategies for innovative activities
to be taken up for improvement of
both academic and non-academic
performance of the children in the
school.
d. To whom is the SDP submitted?

The model rules specify that these

plans to be presented to the LA. The
ambiguity about what constitutes the
LA and the limited empowerment of the
PRI system is reflected in the fact that
Andhra Pradesh, Madhya Pradesh, and
Punjab state that this is to be submitted
to either of the two (undecided until
notification issued), Kerala and
Himachal Pradesh expect that this is
to be sent to both and in Rajasthan,
West Bengal, Mizoram and Delhi the plan
would be submitted to the appropriate
government. This ambiguity creates
potential problems at the stage of
compiling of the plans.

11. Training and motivation of school

management committees

20

While a long list of tasks are assigned to the

SMCs, only two states have put down specific
responsibilities or provision for a process
of capacity building of the SMCs in order to
undertake the tasks expected. Uttarakhand
specifies that the Department of Elementary
Education shall ensure the training of the
members of the general body of the SMC so
that capacities of the members might be used
in school management. It is also expected
to prepare an encouragement scheme for
the motivation of the SMC conducting good
work in the field of elementary education. The
identified SMC shall be rewarded at block,
district and state level. Haryana specifies that
training in preparing SDPs shall be provided to
the convener by the academic authority. No
other references to capacity-building have
been laid down.

B. Some implications based on the analysis

of the rules.
The SMCs have been created to put power in
the hands of the parents and communities so
that they can direct the focus of the concerned
schools. The SMC is expected to determine the
priorities of the school (the SDP) and monitor
functioning of the school, and utilisation of the
budget.
1. Policy issues

There is a lot of hope lying on the SMCs as a

vehicle of community voice towards bringing
about systemic reform in schools. The
summary treatment they have received in
the state rules, however, does not give much
cause of optimism. A large number of states
do not appear to have given thought to the
operational matters for their rollout. Some
of these gaps have been subsequently filled
through detailed guidelines. However, these
cannot run counter to the parent rules and
consequently the gaps in the rules cannot
be fully met through the guidelines alone.
There are some larger policy issues that
require attention:
While the SMCs were intended to
decentralize the powers to the community
for school management, several states
have attempted to assert control over
processes by retaining control over its
formation and/or functioning. Provisions
such as leaving the formation of the SMC
(and the calling of its meetings) to the
discretion of the state leaving the head
teacher as the SMC president are clear
signs of reluctance by several states to
relinquish control.
Lack of attention to operational detail
makes implementation of several
key provisions difficult and creates
ambiguities of interpretation in others. The
calculation of the proportion of women,
parent and marginalized community
members is a case in point. Furthermore,
while several states have not altered the
wording of the model rules for their state
rules, others have introduced provisions
that may be difficult to implement in the
face of either inadequate resourcing or
thought to feasibility of implementation.
This does not bode well for subsequent

early childhood care and development

anganwadi worker) has been introduced
in Assam, Karnataka and Uttar Pradesh
through their membership in the SMC. This
is a welcome step that could be adopted
by others. Andhra Pradesh also talks about
linkage with mahila samakhya.

implementation.
Considerable responsibilities have been
delegated to SMCs. However, the mere
mention of the requirement of the SMC
to look into an array of tasks does not
translate into actual practice until the
concerned decision-making powers are
likewise handed over to the SMC (eg.
sanctioning of special training courses)
and they have the funds to implement
them (which are actually vested with
the government). This creates a clear
disconnect between the visualized role
and the actual reality. Furthermore, the
lack of innovative provisions such as
having an unrestricted discretionary
grant (mirroring the discretionary grant
with the Village Health and Sanitation
Committee under the NRHM or National
Rural Health Mission) with this structure
that could enable it to respond to school
needs and exercise a certain degree
of autonomy in decision-making is
unfortunate. Fundamentally, the reading
of the rules reinforces the impression
that what has been decentralized in the
majority of states is the responsibility of
implementation of existing provisions, not
actual decision-making power.
In the light of the above, it is critical to
note that only two states have delineated
responsibilities on the government for
ensuring capacity building of these
structures. A volunteer structure of
concerned citizens would need to be
prepared if it is to undertake a range of
actions from auditing, planning, budget
oversight, tracking learning, ensuring
retention of children and a whole array of
other tasks.
2

The specifics: good practices identified and

overarching concerns

Good practices:
Most state rules are silent on the
modalities for formation of SMCs in aided
private schools, except Maharashtra and
Tamil Nadu being the only two states with
specific provisions. Other states should
also look more closely at the modalities of
formation of SMCs in these states.

Kerala state rules provide an innovative

provision for ensuring that pupil teacher
ratios are met at all times through the
SMC having the right to select teachers
from a roster of teachers maintained by
the State. This is an intriguing possibility
since it combined both the maintenance
of qualifications of teachers and allowing
space for community participation.
Karnatakas state rules provide for social
audit of the school accounts, a welcome
step.
Uttarakhand and Haryana place clear
responsibilities on the government for
ensuring SMC capacity building which is a
welcome step.

Overarching concerns:
Term of SMCs should be for a period of
two years at least to enable the SMC
to undertake the action expected.
Furthermore, quarterly meetings of
the SMC may not be adequate if actual
oversight function is to be played by it.
When summative evaluation has no
place in the RTE (Schedule/29h) and the
National Curriculum Framework (NCF)
2005 (Schedule/7.6a), it is surprising that
annual exams has been chosen as the
basis of which some states are planning to
select parents to the SMC.
Child representatives are to be included
in a large number of states in the SMCs.
It would be critical to work out the
modalities of their empowerment and
interface with the adult members.
Several states retain ambiguity about
the place of submission of the SDPs. The
larger concern, however, is the lack of
assurance that the plans submitted would
actually lead to allocations as per the plan
submitted.

Linkage with allied services like health

(auxiliary nurse midwife (ANM) and

21

Section II. Out of school, special

training and transition
India has one of the largest populations of
children out of school and the largest percentage
of child labourers. The RTE Act provides for
a series of measures for ensuring universal
enrollment, including the provision of special
training, certification of school completion
and putting in place of some mechanisms for
addressing the question of transition.
A. Provisions under the state rules.
1. Definition of children out of school,

The RTE Act does not specify who is an

out of school child. Some states provide a
definition under state rules. Andhra Pradesh
states that a pupil of an elementary school
who is absent for more than a month shall
be considered an out of school child. In
the case of Kerala, children not attending
schools for more than 15 days shall be
placed in the category of drop-outs and it
will be the duty of SMC to bring them back
to schools. In Maharashtra an out of school
child includes a student of an elementary
school who has been absent for more than
a month continuously. Uttarakhand defines
out of school as those who never enrolled
and those who dropped out and in the
rules defines only temporary dropouts as
a child who has been absent for 60 of 90
continuous working days of school.

Very few state rules, however, have

looked at the related issues of tracking
of attendance of specifically vulnerable
populations such as migrants. In Manipur
the state government shall make provision
to track childrens academic progress,
retention and transition and also track
children migrating from one district to the
other or to other states and those coming
into Manipur. This is a critical provision that
could be adopted by other states.
2. Special training

22

a. Who identifies the children and starts

special training

In the overwhelming majority of states

the rules state that the SMCs or the

Provision of the Act:

Where a child above 6 years of age has
not been admitted in any school or though
admitted, child could not complete his/her
elementary education, and then he/she
shall be admitted in a class appropriate to
his/her age.
Provided that where a child is directly
admitted in a class appropriate to his/her
age, then he/she shall, in order to be at par
with others, have a right to receive special
training, in such manner, and within such
time limits as may be prescribed.

Model Rules:
The School Management Committee/ local
authority shall identify children requiring
special training and organize such training
in the following manner, namely:
The special training shall be based on
specially designed, age appropriate
learning material, approved by the
academic authority specified
It shall be provided in classes held on the
premises of the school, or through classes
organised in safe residential facilities.
It shall be provided by teachers working
in the school, or by teachers specially
appointed for the purpose.
The duration shall be for a minimum period
of three months which may be extended,
based on periodical assessment of learning
progress, for a maximum period not
exceeding two years.
The child shall, upon induction into the age
appropriate class, after special training,
continue to receive special attention by the
teacher to enable him/her to successfully
integrate with the rest of the class,
academically and emotionally.

LA are expected to identify eligible

children and ensure the initiation of
special training. They are silent on
the circumstances when either of the
structures is to initiate the process and
the roles that each would play in this
regard. It is hoped that this would be

spelled out in subsequent government

orders of the respective states. However,
this lack of functional delineation of
responsibility does not bode well for the
implementation of this provision.

Karnataka and Madhya Pradesh specify

that the SMC shall function under the
overall guidance of the LA. Sikkim and
Tamil Nadu specify that consultation
between SMC and the LA is expected.
The extent of preparation of the LA to
undertake the role anticipated of it is
an issue of concern in all the states
where the role is vested with the LA. In
contrast, Jharkhand and Odisha place
the onus on the SMC alone. The concern
here is of the extent to which the SMC
has the actual resources to initiate such
provisions. Uttarakhand and West Bengal
(and to a lesser extent Maharashtra),
specify the role of the state government
in this regard. Thus, Uttarakhand expects
the BEO (or an authorized officer) with
the cooperation of SMCs to identify
6-14 years out of school children (both
never enrolled and drop out)/children
requiring special training and will ensure
their age-specific class enrolment in
the neighbourhood school. The SMC of
the school and teachers with the help
of CRC (Cluster Resource Coordinator)6
is expected to assess the learning
level of the child and accordingly
organize such training. A combination
of the responsibility of the state (which
controls the budget for the special
training) and either of the two structures
for community participation the LA
or the SMC would be the desirable way
forward.
b. Applicability to private schools

Kerala and Tamil Nadu are the only States

that mention upfront that aided schools
are also expected to identify children
requiring special training. In Tamil Nadu,
the rules state that in case the child
is admitted in age appropriate class in
an unaided school, the management of
school shall provide the special training.

This is a teacher who is designated as a resource person for

8-10 schools in an area designated as a cluster under SSA

c. How will the Special Training be

undertaken
The modalities of the implementation of
these special trainings have by and large
not been spelled out in great detail. Most
states remain ambiguous as to who will
design the training modules for these
special courses for out of school children,
and leaves the task to academic
authority which as per the Act should be
notified by the appropriate government.
It is expected that the same would be the
State Council of Educational Research
and Training (SCERT). Karnataka, Mizoram
and Uttar Pradesh explicitly states that
the SCERT is expected to undertake
this, based on specially designed, age
appropriate materials designed by the
same. Odisha expects the capsule course
to be designed by TE (Teacher Education)
& SCERT. The provisions of Chhattisgarh,
Bihar, Delhi, Haryana, Himachal
Pradesh, Jharkhand, Madhya Pradesh,
Maharashtra, Manipur, Meghalaya,
Nagaland, Odisha, Punjab, Rajasthan,
Sikkim, Tamil Nadu and Uttarakhand also
imply that the academic authority is likely
to be the SCERT given that it refers to the
academic authority for the entire state.
Maharashtra specifies that its SCERT is
expected to address: a) development of
learning materials; b) training of teachers
c) scientific methods for evaluation of
children. The Director of Education has
to undertake the a) appointment of
teachers, specially for this purpose; b)
survey of out-of-school conducted by the
LA; c) supervise arrangements to assist
the progress of such children; d) financial
provision.

d. Location for the training

Most states specify that the special

training would be undertaken either on
the school premises or in safe residential
facilities. The criteria for which option
to be selected have not been specified.
Assam specifically mentions the option
of non residential special trainings. Tamil
Nadu leaves the location at discretion
of head teacher. Kerala expects the
decision to be taken either by the head
teacher or the LA.

23

e. Who imparts the training

Most states place the duty of the special

training courses to the regular teachers
or teachers appointed for the purpose
without specifying the circumstances
under which one or the other would be
tasked with the same. Bihar places the
task squarely on the existing teachers
of the schools. There is concern about
the tasks being placed on the existing
teachers without adequate thought to
the appropriate steps that need to be
taken to enable them to combine the
task of bridging with the existing task of
teaching the already enrolled children.

Given that the majority of the rules leave

the option of imparting special training
by new sets of teachers, it is important
to note that the rules do not lay down
any parameters for selection of these
special teachers. Kerala specifically
mentions multi-grade learning centre
instructors, retired teachers who can
be selected for the purposes of special
training while Uttarakhand mentions
mahila samakhya and voluntary
organizations. It is hoped that this does
not amount to the reopening of the
practice of the hiring of para-teachers
through the backdoor. While most
states do not specify the appointing
authority for the special teachers, Kerala
delegates the duty of such appointment
to the LA, which in turn is not defined.
Punjab similarly leaves the option of
appointment of these teachers by SMCs
or LAs.
f. Duration of training

Most states lay down the period of the

training to be between three months to
two years. Maharashtra stipulates that
the duration of such special training
shall be decided by SCERT. Punjab
places the outer limit at three years.
Gujarat, Haryana, Manipur, Nagaland and
Uttarakhand do not place an outer limit.

g. Support to students after admission in

age appropriate grade

24

All State rules specify that support is

to continue to be extended to newly
enrolled children.

Special Training in West Bengal

2) The school authority, shall within two
weeks of the enrolment of the child in
any class the appropriate age, identify
whether the child needs special
training and intimate the same to the
concerned Circle Project Coordinator
(CPC). The parents or guardians shall be
intimidated regarding the need for their
child to undergo special training.
3) The CPC shall review monthly the
requirement of special training to be
provided under its jurisdiction and
make arrangements for the same.
Special training shall be conducted in
accordance with the materials prepared
by the academic authority.
4) The period of such training shall be for
a minimum period of three months and
such special training may be extended
to two years, based on the periodic
assessment of the child.
5) A school imparting special training
shall maintain records of the progress
of students undergoing such special
training and submit a quarterly progress
report as per format prescribed by the
state government to the District Project
Officer, Sarva Shiksha Mission through
the CPC who shall then assess the same
in consultation with the District Inspector
(Academic) for further course of action.
3. Award of Certificate on completion of
Elementary Education
As per the Act,
30 (1) No child shall be required to pass
any Board examination till completion of
elementary education.
(2) Every child completing his
elementary education shall be awarded
a certificate, in such form and in such
manner, as may be prescribed

Pradesh, Karnataka, Kerala, Odisha omit

the provision that the certificate has to
certify that the child has completed all
courses of study. Madhya Pradesh and
Tamil Nadu provide for a format within the
Rules themselves. Uttarakhand expects
the school to ensure that the child has
reached the expected learning levels
before a certificate is issued.

The model rules state that

(1) The certificate of completion of
elementary education shall be
issued at the school/block/district
level within one month of the
completion of elementary education.
(2) The certificate referred to in subrule (1) shall

Responsibility for development of

format. Uttarakhand and Maharashtra
have additionally stated that the SCERT
shall design a model format for recording
details of academic progress of the child
and circulate it among all schools through
the DEO.

(a) certify that the child has

completed all courses of study
prescribed under section 29.
(b) Contain the pupil cumulative
record7 of the child and also
specify achievements of the
child in areas of activities beyond
the prescribed course of study
and may include music, dance,
literature, sports, etc.

Almost all states broadly follow the model

rules. Some of the other states contextualize
the provision mentioning that the local
administration should develop the format (to
be issued by the head teacher) or the letter
needing to be signed by the DEO. Some of the
provisions introduced are as follows:7

B. Some implications based on the analysis

of the rules

1. Policy issues

Lack of an overarching definition of an out of

school child remains a critical concern. The
entire discussion about ensuring bridging
and retention is incomplete unless a clear
definition is laid down as to when a child
ceases to be counted as being school going
and enters the category of drop-outs. The
most practical definition has been laid down
in Uttarakhand where the state rules specify
that the child is to be counted as having
dropped out if he/she has been absent for
60 out of 90 working days. In so doing, it
includes the element of erratic attendance

Operationalization of special training does

not appear to have been completely thought
through at the time of the drafting of the
state rules. The continued ambiguity about
the specific roles to be played by the LA
and SMC is one case in point. In instances
when the existing government teachers are
visualized as also to be providing special
training for hitherto out of school children,
it would be imperative to look into the
feasibility of the same teacher providing both
full time instruction to children already in age
appropriate grade and likewise supporting
children requiring significant support
(especially in the face of failure to meet even

Additional documents to be handed over.

Kerala speaks of the childrens health card
being given along with the completion
certificate, cumulative record and other
documents. Nagaland speaks of the
cumulative record and other details being
forwarded to the head teacher within 10
days of the completion of the term. In
contrast, West Bengal provides for the
certificate to be ready in three months.
Completion certificate for private schools.
The issue of issuance of certificate by
private schools has been addressed by
Andhra Pradesh, Manipur, Uttar Pradesh
and Madhya Pradesh which state that
the school recognition number is to be
affixed on the certificate. West Bengal
expects this certificate to be issued by the
Secretary of the Board to which the school
may be affiliated.
School completion certificate and
learning. Chhattisgarh, Delhi. Himachal
The cumulative record for a student contains information
about the academic experiences, challenges, and
accomplishments of that particular student.

The above analysis allows some overarching

trends to be drawn in terms of the systemic
readiness for implementation of these
provisions.

25

existing pupil teacher ratios). Furthermore,

the extent to which schools infrastructure
has been enhanced to provide dedicated
spaces for such children is open to doubt.
The rules also fail to specify when residential
or non residential modes of special training
are to be resorted to. All of these are critical
concerns that need to be resolved before
implementation is to happen. Fundamentally,
the states do not appear to have invested
enough time to delineate the modalities of
implementation of this provision.

Some states have made provision to hire

dedicated teachers for special training
courses. It is critical to ensure that their
qualifications are maintained at par with the
mainstream teacher cadres and their working
conditions and scope for a career path are
laid down.

2. The specifics: good practices identified

A large section of Indias population consists

of migrants. Manipur specifically talks about
provisions for special training for migrant
populations.

Several states have a fairly large proportion

of aided schools that could also potentially
shoulder the responsibility of bringing all
children into school. Only Tamil Nadu and
Kerala place a degree of responsibility on
aided schools for providing special training
and to ensure age appropriate placement of
children. This should be followed by other
states as well.

Nagalands rules mention that the child

cumulative record be forwarded to the next
school within 10 days of school completion.
This is a welcome step that would ensure
that the teachers in the new school are
familiar with the previous learning record
of the students admitted. Keralas rules
talk about the childrens health card being
handed over. Other states should also adopt
similar practices.

Section III. Regulation and

recognition of private schools
According to the DISE (District Information
System for Education) data, approximately 20%
of schools in India are privately run. As such,
they are responsible for a fairly large share of
the population and consequently it is critical
to ensure that the governments own norms

26

are also met in those schools. The present

section looks at the issues of recognition and
regulation of private schools while the issue of
25% reservation of seats in the same has been
addressed under the section of social inclusion.
Provisions of Act
1) No school, other than a school
established, owned or controlled by the
appropriate government or the local
authority shall, after the commencement
of this Act, be established or function,
without obtaining a certificate of
recognition from such authority, by
making an application in such form and
manner, as may be prescribed.
2) The authority prescribed under sub
section 1 shall issue the certificate of
recognition in such form, within such
period, in such manner, and subject to
such conditions as may be prescribed.
Provided that no such recognition shall
be granted to a school unless it fulfils
norms and standards specified under
section 19.
3) On the contravention of the condition of
recognitions, the prescribed authority
shall by an order in writing, withdraw
recognition.
4) With effect from the date of withdrawal of
recognition no such school shall continue
to function.
5) Any person who establishes or runs a
school without obtaining certificate of
recognition or continues to run a school
after withdrawal of recognition, shall be
liable to fine which may extend to 1 lakh
and in case of continued contraventions,
a fine of Rs. 10,000 for each day during
which such contravention continues.
Norms and standards for schools
1) No school shall be established or
recognized unless it fulfills the
norms and standards specified in the
schedule.
2) Where the school established before
the commencement of this Act does not
fulfill the norms and standards specified
in the Schedule, it shall take steps
to fulfill such norms and standards
at its own expense within a period
of three years from the date of such
commencement.

3) Where a school fails to fulfill the norms

and standards within the period specified
the authority prescribed shall withdraw
recognition granted to such school in a
manner specified
4) With effect from the date of withdrawal of
recognition no such school shall continue
to function.
5) Any person who establishes or runs a
school without obtaining certificate of
recognition or continues to run a school
after withdrawal of recognition, shall be
liable to fine which may extend to 1 lakh
and in case of continued contraventions, a
fine of Rs. 10,000 for each day during which
such contravention continues.
Model rules adopted by the Union
Territories
(1) Every school, other than a school
established, owned or controlled by the
state government or local authority,
established before the commencement
of this Act shall make a self declaration
within a period of three months of the
commencement of the Act, in Form No. 1
to the concerned District Education Officer
regarding its compliance or otherwise with
the norms and standards prescribed in the
Schedule and the following conditions:
(a) the school is run by a society registered
under the Societies Registration Act,
1860 (21 of 1860), or a public trust
constituted under any law for the time
being in force;
(b) the school is not run for profit to any
individual, group or association of
individuals or any other persons;
(c) the school conforms to the values
enshrined in the Constitution;
(d) the school buildings or other structures
or the grounds are used only for
the purposes of education and skill
development;
(e) the school is open to inspection by
any officer authorized by the state
government/ Local Authority;

(f) the school furnishes such reports

and information as may be required
by the Director of Education/District
Education Officer from time to time
and complies with such instructions of
the state government/local authority
as may be issued to secure the
continued fulfilment of the condition
of recognition or the removal of
deficiencies in working of the school;
(2) Every self-declaration shall be placed by
the District Education Officer in public
domain within fifteen days of its receipt.
(3) The District Education Officer shall conduct
on-site inspection of such schools to
fulfill the norms and standards and the
conditions mentioned within three months
of the receipt of the self-declaration.
(4) After the inspection is carried out, the
inspection report shall be placed by the
District Education Officer in public domain
and schools found to be conforming to
the norms, standards and the conditions
shall be granted recognition by the District
Education Officer within a period of 15 days
from the date of inspection.
(5) Schools that do not conform to the norms,
standards and conditions mentioned shall
be listed by the District Education Officer
through a public order to this effect, and
any time within the next two and a half
years, such schools may request the
District Education Officer for an on-site
inspection for grant of recognition.
(6) Schools which do not conform to the
norms, standards and conditions
mentioned after three years from the
commencement of the Act, shall cease to
function
(7) Every school, other than a school
established, owned or controlled by
the state government/local authority
established after the commencement
of this Act shall conform to the norms
and standards and conditions in order to
qualify for recognition.

27

A. Provisions under the state rules

Pradesh, Kerala and Madhya Pradesh further

specify that this would be through a website.
Andhra Pradesh and Madhya Pradesh make
a provision for the affidavit to be displayed,
but do not provide a defined space for
ordinary citizens to question the information
provided. Odisha further mentions that this
information is also to be displayed on the
notice board of the gram panchayat. While
online access to information about schools
is welcome, it is critical to remember that
only a fraction of Indias rural population has
internet access. Consequently, provisions
like that of Odisha are welcome and should
be adopted by other states as well. In the
case of Goa, the final inspection report would
be put in the public domain.

1. Basis of recognition

All states (except Rajasthan) specify that

a self declaration be filed by schools within
a period of three months in the format laid
down. In some cases, like Madhya Pradesh,
it is four months and in the case of Nagaland
it is one year. Rajasthan specifies that
recognition needs to be attained under
the Rajasthan Non-Government Education
Institutions Act, 1989 (Act No. 19 of 1992).
Similarly, Karnataka, Manipur and Kerala
specify that the rules for the recognition of
schools under the pre-existing state acts
shall continue apply for the recognition of
schools. It is hoped that a process of review
of the procedures of recognition would be
undertaken in the four states that intend to
follow the procedures as laid down under
their state acts. Doing so would be critical
to ensure rationalization of the existing
procedures of regulation of the private
sector in education.

2. Submission of self declaration

4. Criteria for recognition

Most states adhere to all the points under

the model rules. However, there are some
interesting omissions. Thus, Assam omits the
clause that the school be operated on a noprofit basis.

In addition, there are some other

requirements. Several states add on other
clauses including compliance with specific
provisions under the RTE Act including the
25% quota (Andhra Pradesh), declaration of
the fees charged (Andhra Pradesh & Madhya
Pradesh), no screening and no levying of
capitation fees (Uttarakhand), compliance
with the Schedule I norms of schools (Andhra
Pradesh) and Pupil Teacher Ratio (Kerala).
Gujarat lays down fairly elaborate floor
space requirement of classrooms. It also
expects all schools to create and maintain
a website (in conformity with specifications
laid by the Director of Education) and update
information as per the DISE format (also
mentioned by Uttarakhand). Madhya Pradesh
furthermore specifies that the school shall
set up fire extinguisher and other fire security
arrangements as per norms specified under
the National Building Code of India Part
4. Four states have made fairly extensive
insertions to the list of minimum standards
for recognition. Some of these examples have
been appended as Annexure

Many of these additional provisions are

welcome and can be used as precedent by
other states. However, it would also be critical
that the provisions being made compulsory

These declarations are to be submitted

largely to the DEO, District School Inspector
or equivalent position. Arunachal Pradesh
and Jharkhand speak of the submission
being made to the Deputy Director of School
Education, a district level position. Bihar
and Uttarakhand provide for a committee at
the district level headed by the DEO. Madhya
Pradesh expects the application to the DEO
to be routed via the BEO. Submissions are
to be made at the block level in Karnataka
(educational concerned Block Development
Officer) and Himachal Pradesh (BEO), Gujarat
specifies that the submission be made to a
competent authority. Manipur and Nagaland
stipulate that the submission be made
to the Director of Education. In Kerala the
application shall be made to the Assistant
Education Officer and in Goa, it is the deputy
director of the concerned zone.

3. Scrutiny in public domain

28

All states except Goa (and Rajasthan

as mentioned earlier) stipulate that the
application be placed in the public domain
within a period of 15 (as per model rules) to
45 days (West Bengal). Some states, such
as West Bengal, Uttar Pradesh, Andhra

in private schools are also provided in the

government sector to ensure parity.

States like Assam, Punjab, Karnataka, West

Bengal, Uttarakhand, and Andhra Pradesh
provide scope for appeal against decision of
withdrawal or non-grant of recognition.

Several of the other states have devoted

considerable attention to the modalities to be
adopted. Some of the examples of these are
part of Appendix III.

All state rules retain the clause in the model

rules wherein unrecognized schools would
cease to exist by the end of the third year.

5. Modalities of granting recognition

The process for inspection and subsequent

recognition adopted is fairly similar. The steps
include a school inspection to ascertain
the validity of the self-declaration leading
to recognition or a provisional recognition/
extension until the completion of three years
of RTE. All states give a period of 2 years
to three years for private schools to conform
to the norms and standards in the Schedule
and get recognized. Punjab and Jharkhand,
however, do not explicitly state that the
school be visited to verify the statements
made in the submission made by the school.

Gujarat, in contrast, presents a completely

different modality for recognition, giving
considerable weight to improvement in
learning outcomes through the setting up of
a state-wide system of testing learning in
its rules. There is reason to believe that the
provisions violate the spirit of the RTE Act. For
a more detailed look at the provision, refer
Annexure III.

There is some difference in terms of the

process for the eventual sanctioning of
recognition of the school based on the school
inspection. This is the DEO or equivalent in a
majority of states (Andhra Pradesh, Arunachal
Pradesh, Chhattisgarh, Haryana, Karnataka,
Madhya Pradesh, Maharashtra, Meghalaya,
Odisha, Punjab, Tripura, Uttar Pradesh &
Uttarakhand) in consonance with the model
rules. The BEO has the equivalent powers in
Himachal Pradesh. Manipur and Nagaland vest
the power with the Director of Education. An
undefined Competent Authority shall do the
same in Tamil Nadu.

However, several states make provision

for the decision not to be taken by a single
individual- setting up committees for the
process. These include Assam, Gujarat, Bihar,
Kerala and West Bengal. In Assam, the DEO is
expected to place the list of schools which
do not conform to the norms before a district
level board for stoppage of their functioning
and will only order the schools closure after
its approval. Jharkhand specifies that while
the order is to be issued by the DEO, this is
not to happen without order from the state
government.

6. Public access to information lists of

recognized and unrecognized schools and
other provisions

Public lists of schools that fail to adhere

to the norms are expected to be created
and maintained in Arunachal Pradesh,
Chhattisgarh, Uttar Pradesh, Manipur,
Mizoram, Tripura, Meghalaya, Uttarakhand
and Punjab. Bihar, Haryana, Jharkhand,
Kerala, Manipur, Mizoram, Meghalaya,
Nagaland, Tamil Nadu, Tripura, Maharashtra,
Uttar Pradesh and Gujarat rules talk about
the school inspection reports being made
available in the public domain.
West Bengal
Every recognized school under this Act,
shall display in its notice board the following
Information:
a) Number of students studying in the said
school on the last day of previous month;
b) Number of teachers in the school;
c) Curricular activities undertaken by the
school;
d) Facilities available in the said school;
e) Details of number of days on which mid
day meal is provided and the number of
children to whom such mid-day meal is
provided in the school, where the school
is required to provide such mid-day meal
in accordance with law for the time being
in force;
f) Composition of the SMC;
g) Neighbourhood to which the school
belongs;
h) Board to which the school is affiliated.

29

7. Duration of validity of recognition once

granted

otherwise. The decision is then conveyed

to the DEO for execution. This is what is
broadly stated by Arunachal Pradesh,
Haryana, Meghalaya, Mizoram, Sikkim and
Tripura. In the latter two cases, the decision
is to be taken by the Secretary, education
department. The Collector takes the call in
Andhra Pradesh. The DM holds considerable
powers in determining the recommendations
in Uttar Pradesh, albeit the education
department is expected to make the final
decision. The Director, education is expected
to decide in Assam, Delhi, Himachal Pradesh,
Karnataka, Kerala, Maharashtra (with copy
of the decision being marked to the SCPCR),
Manipur, Nagaland, and Uttarakhand.
Punjab specifies the Director of Education
as the decision-making authority, with the
SCPCR as the site of appeal. The education
department (at an unspecified level) is
expected to make the decision in Bihar,
Jharkhand and Odisha. The competent
authority is expected to play this role in
Gujarat. The decision is to be made directly
by the DEO or equivalent in Chhattisgarh
and Tamil Nadu (without any specified
site of appeal) and West Bengal (with an
appeal directly to the education secretary).
Rajasthan specifies that it would continue
to follow its pre-existing rules. The case of
Gujarat has been described already.

Some states have stipulated a time frame for

the recognition. Thus, Andhra Pradesh, and
Madhya Pradesh state that the recognition
once granted would be valid for a threeyear period. It will be valid for five years in
Karnataka and Uttarakhand.

8. Withdrawal of recognition

In case of withdrawal of recognition, the

procedure followed by most of the states
is broadly similar. In Uttar Pradesh, the DM
appoints a committee for the inspection of
schools and it is has also been given the
right to change the members. This is the only
state where such powers have been vested
with this position.

In case any conflict arises wherein the

recognition of the private school might
be withdrawn, all state rules provides for
a five-member committee for inspection
of the school in question. However the
composition of this committee varies
from state to state. While states like
Delhi make no mention of any parameters
by which its members will be selected,
other states like Tamil Nadu, Kerala sets
parameters for selection as educationist
and government representatives. States like
Odisha, Meghalaya and Sikkim provides for
representation from civil society and media
as well. In Goa, a three-member committee
is to be constituted by the Deputy Director
of Schools including an educationist and
one representative each of the government
and civil society. This committee would
submit its recommendations to the Deputy
Director. There is a provision for a hearing
for the school. Prior approval from the
government would need to be taken before
a decision is taken to de-recognize a
school.

30

There is one significant difference on which

there is a major variation from the model
rules. The model rules specify that the DEO
forward the inspection report to the State
Commissions for Protection of Child Rights
(SCPCR). After due deliberation, the SCPCR
makes its recommendation on the case, on
the basis of which the state government
takes its decision on de-recognition or

B. Some implications based on the analysis

of the rules

Many of the operational details of the actual

modalities of regulation are likely to be
found in the fine print of the documents
to be drafted by the specific governments.
However, the guidelines do raise some issues
with implications for regulation of the private
sector.

1. Policy issues
Modalities of regulatory system proposed.
The RTE Act itself lays down a fairly
skeletal framework for the regulation of
the private schools. In contrast, several
states have had pre-existing regulatory
frameworks that have ranged from being
arguably excessively bureaucratic in some
regards, to being effectively laissez-faire.
The post-RTE regime imposes a certain
minimum set of standards that form the

minimum standards for all schools across

the country both government and
private. A major improvement is that now
all states make it necessity for primary
schools to receive recognition and come
under a mechanism of regulation. This is
long overdue.
However, as with several other provisions
under RTE the implementation of the
change has been somewhat half hearted.
On one hand, four states rules state
upfront that they would continue to
follow their old modes of recognition.
In so doing, a critical opportunity for
review of the same to introduce rational
regulation has been left. On the other
hand, several other states have taken
the path of least resistance by not
making many changes in the model
rules, removing provisions that would
require effort to implement (eg. removing
statement that schools are not run
for profit as in Assam, or the visit for
verification of the statement of private
schools, as in Punjab and Jharkhand),
and postponing the decision-making
on the modalities till the drafting of
the operational guidelines. A fairly
large number of states have dovetailed
the provisions within the existing
administrative machinery while forming
the state rules. In a lot of ways, it has
remained a matter of business as usual.
Need for support to government schools
to enable them to meet the same norms
as mandated for private schools. For the
successful rollout of the RTE Act, private
schools too have to meet the standards
laid down for them under the RTE rules
or face shutdown. Thus, every school in
the country has to adhere to minimum
fire safety norms, be structurally safe,
have a library and not have overcrowded
classrooms. There is an immediate
need for a clear mechanism to ensure
that these norms are also met in the
government schools, if they have been
made mandatory for the private ones.
Necessary support has to be provided to
government schools so that these can
match the same timeline as the private
schools.

2. The specifics: good practices and concerns

identified

The positives

Measures for transparency in the recognition

of private schools and subsequent
functioning.

Lot of states provide for the affidavits

of the private schools to be displayed
online. However, Odisha is the only
state that has provisions for the same
to be displayed in the Gram Panchayat.
It is critical given the low internet
penetration in the country.

Nine state rules are specific that

lists of schools that fail norms will be
displayed in the public domain and
thirteen speak of putting out the school
inspection records. This has far-reaching
implications for making private schools
more transparent and accountable.

Several states have introduced additional

procedural requirements for recognition
including publishing the fees charged and
ensuring compliance with DISE submission.
These are simple steps without cost
implications that can streamline the
education governance system.

Some other states have introduced

requirements such as compliance with the
national building code and fire safety norms
(West Bengal, Madhya Pradesh), ensuring
adequate floor space to avoid overcrowding
(Gujarat, West Bengal), a library, common
room for girls and medical checkup of
students (West Bengal). All of these steps
are welcome and should also be ensured in
government schools.

Four states have introduced a fixed term for

the recognition granted. This is either three
to five years and recognizes the fact that
school quality may vary drastically over time.

Overarching concerns

Only six states rules retain a role for the

SCPCR in the recognition of private schools.
This is probably a valid strategy in light of
the current capacities of the SCPCRs. A more
detailed analysis of the roles of the same will
be provided in the section on the SCPCR.

31

Section IV. Curriculum

(c) prepare guidelines for putting

into practice continuous and
comprehensive evaluation

As per the Act

29(1) The curriculum and the evaluation
procedure for elementary education shall
be laid down by an academic authority to be
specified by the appropriate government by
notification.
(2) The academic authority, while laying down
the curriculum and the evaluation procedure
under sub-section (1), shall take into
consideration the following, namely
a) Conformity with the values enshrined
in the constitution;

(3) The academic authority referred to in

sub-rule (1) shall design and implement
a process of holistic school quality
assessment on a regular basis

A. Provisions under the state rules

a. Academic authority: singular or plural?

b) All round development of the child;

c) Building up child knowledge,
potentiality and talent;
d) Development of physical and mental
abilities to the fullest extent;
e) Learning through activities, discovery
and exploration in a child friendly and
child centered manner;
f) Medium of instruction shall, as far
as practicable, be in childs mother
tongue;
g) Making the child free of fear, trauma
and anxiety and helping the child to
express views freely;
h) Comprehensive and continuous
evaluation of a childs understanding
of knowledge and his or her ability to
apply the same.

The model rules state

(1) The state government shall notify the
State Council of Educational Research
and Training (or its equivalent), as the
academic authority for the purposes of
section 29.
(2) While laying down the curriculum and
evaluation procedure, the academic
authority notified under sub-rule (1) shall
(a) formulate the relevant and age
appropriate syllabus and text books
and other learning
material
(b) develop in-service teacher training
design, and

32

While most of the states have adopted the

Model Rules as it is or actually specified their
respective SCERT as the academic authority.
Himachal Pradesh and Karnataka visualize
the possibility of the existence of multiple
academic authorities in the same state.

b. Role of the academic authority

The academic authority is largely tasked

with the same set of duties as laid down
under the model rules. Of the states that
mention that an academic authority would
be set up, none omit any of the functions
laid down under the model rules. There are
in addition some supplementary provisions
or contextualization in terms of reference to
local structures.
a. Role regarding curricula, teaching
learning materials and textbook
design. Haryana in addition expects
them to develop the framework for
award of certificates at the end of
elementary education and expects the
academic authority to act in tandem
with the state education board. Tamil
Nadu specifically mentions that the
SCERT is to commission and undertake
researches/studies on policies,
programmes, curriculum, learning
outcomes of children etc. Maharashtra
expects its academic authority to liaison
with the Maharashtra State Bureau of
Text Books Production and Curriculum
Research, Balbharti, Pune and State
Institute of Educational Technology,
Pune for textbook development and
the curriculum is to include a range of
child-centered activities. One exception
to reinforcing the role of the state in
the curriculum and material design is

that of Gujarat and talks about publicprivate partnership (PPP) in material

development.
Gujarat: Legally mandated PPP for
material development.
The state SCERT shall also arrange
to approve the text book or learning
material prepared by private publishers
or PPP partners, if those are found
to conform to the curriculum and
learning outcome norms finalized by
it. It is hoped that this would turn into
a process whereby state textbooks
are gains prominence instead of
publications developed by expensive
private publishers.
b. Teacher training: The Maharashtra State
Council Of Education Research And
Training is expected to develop teachertraining design, periodically evaluate
the teacher-training programmes and
make necessary improvements, develop
teacher-training capacity in district
institutes of educational training (DIET
), block resource centres (BRCs), urban
resource centres (URC), academic district
resource group and academic block
resource group.
c

Standard setting role: In a few states

the academic authority is expected
to also lay down both academic/
childrens learning standards and for the
functioning of the system as a whole.
School Level: In Sikkim the academic
authority has additional responsibility
of preparing bench-marking
guidelines for academic achievement
in schools, diagnosis of classroom
transactional analysis and hard spots
and development of relevant support
systems. Similarly, Kerala expects it
to design and implement a process
of holistic school quality assessment
based on performance indicators on
a regular basis. More specifically, it
is expected to develop a continuous
school rating system based on a
five-point scale on parameters like
student achievement, physical
infrastructure, teacher training,

assessment and evaluation and cocurricular activities, to improve overall

quality (with the last two categories
in the scale receiving specific
time bound supportive inputs).
Maharashtras SCERT is also expected
to, with the help of the Maharashtra
Institute of Educational Planning and
Administration, design the process of
holistic school quality assessment on
a regular basis to be implemented by
the concerned block level education
officials.
Child level: Gujarat is again an outlier
in the space it gives to the role of
the SCERT in defining the expected
learning outcomes, the laying down
of mechanics of the testing to be
done and providing oversight over
the overall processes of testing. In
so doing, the process of individual
child learning has been placed at
the heart of the systemic and school
assessments. Similarly, Tamil Nadus
academic authority is expected to
develop performance indicators for
the individuals and institutions along
with accountability criteria towards
childrens learning levels, undertake
periodic performance appraisal of
individuals and institutions. However,
the detailing and emphasis on
learning outcomes is significantly
higher in the case of Gujarat.
Systemic: In Maharashtra, the rules
state that all state, district and
block level institutions, including
the academic authority shall be
evaluated periodically and that
the reports be made available in
the public domain. The time lapsed
between two such evaluations
shall not exceed more than five
years. Uttar Pradesh additionally
states that external agency shall
be explored for the purpose of
undertaking this assessment with
the team to be drawn from amongst
academia, research institutes and
other reputed institutions working
on basic education8. The report shall
8 Basic education refers to the whole range of educational
activities taking place in various settings (formal, non formal
and informal), that aim to meet basic learning needs.

33

be published as a State Level School

and Learning Assessment Report.
Parameters for the external biennial
assessment will include students
learning achievement levels and a
range of more process orientated
indicators including the availability
and use of text books/ teaching
learning materials in classroom
teaching, teachers punctuality and
regularity, extent of interface with
parents around childrens academic
performance, processes of teaching
and learning in classroom and other
factors of like nature. The report shall
furnish the outcomes of the school
assessment, block and district-wise
to the SCERT, SSA, DMs and Zila Basic
Shiksha Adhikaris for remedial action.
Uttarakhand additionally states that
the state shall designate an authority
to regularly monitor the levels of
learning of children in all government
and aided elementary schools of the
state through sample surveys using
appropriate evaluation tools and
bring out block-wise annual reports
on the status of quality of elementary
education in the state. The statewide
testing mechanism proposed to be
set up in Gujarat is another outlier
with potentially long lasting negative
consequences. For a description of
the process to be adopted refer to
Annexure IV.
Principle of school autonomy: It is
significant to note that Uttarakhand
is the only state to recognize and
embed the need for school level
autonomy in the rules. Within the
overall guidelines prescribed by the
curriculum and textbooks, the schools
shall be given a degree of academic
freedom which includes flexibility
in adopting methods of teaching to
suit local situations and standards
which will help schools to aim for
excellence in quality of education
imparted in them. This shall also help
in experimentations and innovations
in pedagogy.

34

Kerala has a range of additional provisions

that are expected to be undertaken by the
government and LA, annexed under Appendix
IV.

B. Some implications based on the analysis

of the rules

The present section is relatively shorter

than the rest of the document; however, it
does throw up some concerns related to the
rollout of these provisions.

1. Policy issue

Fairly intensive expectations have been

placed on the SCERT to deliver on a range
of actions from curriculum design, teacher
training and material development. Demands
have also been placed on the teacher
training and support systems in this regard.
These expectations need to be translated
into practice through adequate supports
being extended to these structures in order
to enable them to take on these anticipated
responsibilities. There is little in the current
experience of the implementation of these
provisions that these aspects are receiving
adequate attention on the ground.

2. Some specifics: positives and overarching

concerns

Positive features
a. The state rules of Uttarakhand are the
only rules that specifically recognize the
principles of school autonomy, enabling
localized decision-making. This can be
adopted by other states as well.
b. Uttar Pradesh provides an intriguing
model of holistic assessment of the
school including learning outcomes, but
also going beyond the unifocal attention
to the same by introducing concerns of
classroom lesson transaction, homeschool interface and the other critical
concerns that contribute to a positive
school environment. If implemented
properly, this can serve as a model for
other states to adapt and adopt as a
model for assessment. In contrast, the
focus on learning outcomes alone (eg.
Gujarat) may have negative implications
in the long run due to the reductionist
nature of the recommendations.
c. The emphasis on systemic review
at regular intervals that has been
introduced in several states is positive.
It is a healthy trend for the system
to review its performance (especially
relying on grassroots evidence) and
change its policies accordingly.

d. Keralas rules introduce some promising

additional dimensions including
instruction in the mother tongue,
provision of counselling in schools,
ensuring safety of children while being
transported to and from school and
above all, fixing accountability to ensure
that funds are made available to improve
quality provisions on the basis of the
school development plans. The latter is
particularly critical to ensure that the
quality improvement plans are backed by
actual resources and implemented.

Section V: Teacher related

provisions
Provisions of the Act
Qualifications for appointment and terms and
conditions of services of teachers:
1) Any person possessing such minimum
qualifications, as laid down by an
academic authority, authorized by the
central government, by notification shall
be eligible for appointment as a teacher.
2) Where a state does not have adequate
institutions offering courses or training
in teacher education or teachers
possessing minimum qualifications as
laid down under sub-section (1) are
not available in sufficient numbers, the
central government may, if it deems
necessary, by notification, relax the
minimum qualifications required for
appointment as a teacher, for such
period, not exceeding five years, as may
be specified in that notification.
Provided that a teacher who at the
commencement of the Act does not
possess minimum qualifications as
laid down shall acquire such minimum
qualifications within a period of five years.
3) The salary and allowances payable to,
and the terms and conditions of service
of teachers shall be such as may be
prescribed.
Duties of teachers and grievance redress
1) A teacher appointed shall perform the
following functions namely:
a) Maintain regularity and punctuality in
attending school.

b) Conduct and complete the curriculum

c) Complete entire curriculum within the
time specified;
d) Assess the learning ability of each
child and accordingly supplement
additional instruction, if any, required;
e) Hold regular meetings with parents
and guardians and apprise them about
the regularity of attendance, ability to
learn, progress made in learning and
any other relevant information about
the child and
f) Perform any other duties as may
prescribed;
2) A teacher committing default in
performance of duties shall be liable to
disciplinary action under the service rules
applicable to him or her.
Provided before taking such disciplinary
action, reasonable opportunity of being
heard shall be afforded to such teacher.
3) The grievances, if any, of the teachers
shall be redressed in such as manner as
may be prescribed.
Prohibition of deployment of teachers for
non-academic purpose
No teacher shall be deployed for any nonacademic purpose other than decennial
population census, disaster relief duties, or
duties relating to elections of local authority
or the state legislature or the Parliament as
the case may be.
Prohibition of private tuitions
No teacher shall engage himself/herself in
private tuition or private tuition activity.
Model rules: Minimum qualification
(1) The academic authority notified shall,
within three months of such notification,
lay down the minimum qualifications for
persons to be eligible for appointment as a
teacher in an elementary school.
(2) The minimum qualifications laid down by
the academic authority shall be applicable
for every school.

35

Relaxation of minimum qualification

(1) The state government shall estimate the
teacher requirement as per the norms in the
Schedule for all schools within the state,
within six months from the commencement
of the Act.
(2) Where a state does not have adequate
institutions offering courses or training in
teacher education, or persons possessing
minimum qualifications are not available
in sufficient numbers in relation to the
requirement of teachers estimated (1), the
state government shall request, within one
year of the commencement of the Act, the
Central Government for relaxation of the
prescribed minimum qualification.
(3) On receipt of the request the central
government shall examine the request
of the state government and may relax
the minimum qualifications by way of a
notification.
(4) The notification shall specify the nature
of relaxation and the time period, not
exceeding three years, but not beyond five
years from the commencement of the Act,
within which the teachers appointed under
the relaxed conditions acquire the minimum
qualifications prescribed by the academic
authority notified.
(5) After six months after the commencement
of the Act, no appointment of teacher
for any school can be made in respect of
any person not possessing the minimum
qualifications prescribed by the academic
authority notified under sub-section.
(6) A person appointed as a teacher within
six months of the commencement of the
Act, must possess at least the academic
qualifications not lower than higher
secondary school certificate or equivalent.

36

(2) For a teacher, of any school who does not

possess the minimum qualifications at
the time of commencement of the Act, the
management of such school shall enable
such teacher to acquire such minimum
qualifications within a period of five years
from the commencement of the Act.
Salary and allowances and conditions of
service of teachers
(1) The state government or the local authority,
as the case may be, shall notify terms
and conditions of service and salary and
allowances of teachers in order to create
a professional and permanent cadre
of teachers. The terms and conditions
of service shall take into account the
following, namely;
(a) Accountability of teachers to the School
Management Committee constituted
under section 21.
(b) Provisions enabling long term stake of
teachers in the teaching profession.
(3) The scales of pay and allowances, medical
facilities, pension, gratuity, provident fund,
and other prescribed benefits of teachers,
including those employed for the purpose
of imparting special training shall be that of
regular teachers, and at par for similar work
and experience.

Duties to be performed by teachers

(1) In performance of the functions specified,
the teacher shall maintain a file containing
the pupil cumulative record for every child
which will the basis for the awarding the
completion certificate.
(2) In addition to the functions specified a
teacher may perform the following duties
assigned to him or her, without interfering
with regular teaching:

Acquiring minimum qualifications

(a) Participation in training programmes;

(1) The state government shall provide

adequate teacher education facilities to
ensure that all teachers in schools who do
not possess the minimum qualifications laid
down acquire such minimum qualifications
within a period of five years from the
commencement of the Act.

(b) Participation in curriculum formulation,

and development of syllabi, training
modules and text book development;

What the state rules state

Attention to modalities: Uttarakhand

in contrast, mentions a process of
compilation of this information.

1. Qualifications of teachers

The RTE Act is expected to bring about

a significant change on the ground by
mandating the promulgation of minimum
standards for teacher qualifications thereby
ensuring that the non-formalization of
the teacher profession is reversed. These
standards are expected to be those laid
down by the NCTE at the central level.
Adherence to academic authority/NCTE
norms for teacher qualifications. The
majority of states have repeated the
language of the model rules whereby the
unspecified academic authority will notify
the teacher qualifications. Assam, Delhi,
Himachal Pradesh, Karnataka, Odisha,
Uttar Pradesh, Uttarakhand, Rajasthan,
Tamil Nadu, and Punjab mention that the
central/NCTE norms would be followed.
States like West Bengal, Madhya Pradesh,
and Andhra Pradesh do not mention
minimum qualifications.
The Teacher Eligibility Test (TET) Nagaland
and Gujarat also mention the passage of
the TET as an essential qualification in
order to become a teacher.
A recruitment policy for teachers.
Nagaland also lays down a recruitment
policy, forbidding the hiring of teachers
on ad-hoc/temporary basis and the
regularization of existing ad-hoc/
temporary teachers.

2. Relaxation of qualifications of teachers

Most states mention that in case the state

does not possess enough institutions for
providing adequate trainings to the teachers,
it should apply to the central government
for relaxation of the minimum qualifications
for appointment of elementary teachers
and while the state government strives to
achieve the minimum qualifications for all
teachers within five years.
The omissions: Delhi, Goa, Gujarat,
Himachal Pradesh, Jharkhand, Karnataka,
Kerala, Madhya Pradesh, Tamil Nadu and
West Bengal do not have this provision.
The omission of Jharkhand is interesting
considering the large scale appointment
of para-teachers in the state.

Requests for additional relaxation: Uttar

Pradesh further intends to appeal to the
Central government for providing required
facilities for distant mode of teacher
training in addition to the request for
extension of the deadline.
3. Responsibility for acquiring minimum
qualifications of teachers

The above mentioned provision of ensuring

minimum qualifications are met for all
teachers would only be actualized if
mechanisms are put into place for ensuring
teacher training systems are put in place.
Role of the state: Many states specifically
mention that it is the duty of the
state government to provide enough
educational facilities so that teachers
possess the minimum qualifications as
laid down by the academic authority.
The school management is expected
to ensure this compliance for private
schools. Punjab commits itself to providing
adequate teacher training institutions to
meet this norm. Similarly, Arunachal and
Assam commit the state government to
providing adequate teacher education
facilities to ensure that teachers who do
not possess the minimum qualifications
acquire them within five years.
Role of private sector: In contrast,
Maharashtras rules state that this
would be ensured with the help of
government-aided and unaided teacher
training institutions. In context, it is
significant to note that there is no
mention of expansion of government
teacher-training institutions. Meghalaya
and Nagalands state rules do not
state upfront that it is the states
responsibility, but mention that adequate
teacher-training facilities would be made
available.
Strategic silence: Andhra Pradesh,
Delhi, Goa, Gujarat, Tamil Nadu, Tripura,
Karnataka, Madhya Pradesh, Uttarakhand
and West Bengal omit this clause. It is
an unfortunate omission that may have
far reaching implications at the end of
the five year period of the Act where
large numbers of untrained teachers

37

remaining in the face of inadequate

efforts made towards teacher training
by their respective states. Many of these
states have fairly large numbers of
professionally untrained teachers.
4. Salary, allowance and working conditions of
teachers

A significant provision that was made under

the model rules was the statement that the
salary, allowances and working conditions of
teachers should be such as to support the
permanent cadre of teachers. This provision
was expected to hold for both government
and private schools.
Professional permanent cadre of
teachers: Eight states have omitted
the mention of a permanent cadre of
teachers. This is a major omission given
that this commitment was one of the
major highlights of the Model rules in
terms of the potential it had of ensuring
commitment of teachers to the teaching
profession through regularizing their terms
of employment.
States that mention
a professional
permanent cadre of
teachers

States that do
not mention a
permanent cadre of
teachers

Arunachal, Assam,
Bihar, Chhattisgarh,
Delhi, Goa, Gujarat,
Maharashtra,
Manipur, Meghalaya,
Mizoram, Nagaland,
Odisha, Punjab,
Sikkim, In all UTs

Haryana, Himachal
Pradesh, Madhya
Pradesh, Rajasthan,
Tamil Nadu,
Uttar Pradesh,
Uttarakhand, West
Bengal

Codification of salaries and working

conditions of all teachers: This provision
has, however, been deleted in a large
number of states. Thus, Gujarat, Haryana,
Himachal Pradesh, Jharkhand, Karnataka,
Kerala, Madhya Pradesh, Rajasthan,
Tripura, Uttarakhand and West Bengal do
not make this commitment. Uttarakhand,
West Bengal, only state that the salary
and working conditions of government
and government-aided schools would
be as per their respective service rules.
Himachal Pradesh only provides the same
for government schools. Uttar Pradesh
and Madhya Pradesh leaves it open saying

38

that the service conditions would be as

per that institutions respective rules.
Rajasthan mentions it would be as per the
specific pre-existing state rules.
Parity of government and private school
teachers: The related issue is the question
of the private schools both aided and
unaided. Tamil Nadu is the only state
where the rules explicitly states that
the working conditions of teachers of
unaided school shall be accordance with
state government regulation. A majority of
states do not mention this issue. Madhya
Pradesh and Mizoram specify that they
would issue specific orders by which the
private schools may be bound and Goa
states that these would be as per relevant
unspecified rules. Indeed, the provisions
of Mizoram only apply to aided schools
(remaining silent on the issue of private
unaided schools). There is something of a
reluctance to intervene in the regulation
of private schools, especially unaided
ones.
Parity within government system:
Interestingly, some of the states continue
to maintain the existence of multiple
strands of teachers. Thus, Gujarat
maintains the distinction between the
cadres of vidhya sahayaks (teaching
assistants) and teachers (both of whom
are supposed to be professional and
permanent cadres) with distinct salaries
and working conditions. Himachal Pradesh
and Karnataka allow SMCs to engage
teachers on part-time basis. In Himachal
Pradesh, these teachers are paid on the
basis of rates set by the state government.
Karnataka merely mentions that the same
be paid out of SMCs funds and should not
be considered as a permanent position.
Question of special training teachers:
While the Model Rules speak of parity of
working conditions of the special training
teachers, the state rules of Chhattisgarh,
Delhi, Gujarat, Himachal Pradesh,
Jharkhand, Kerala, Madhya Pradesh,
Maharashtra, Punjab, Uttar Pradesh,
Uttarakhand and West Bengal are silent
about this provision. This is a potentially
critical issue given that most of these
states are unclear about the modalities of

Kerala has also given additional functions

to ensure full utilization of school facilities
like library, laboratory and information and
communication technology, sports and
games, work education etc.

implementation of special training. There

is a risk of setting up of parallel lower paid
cadres in the absence of clear guidelines
in this regard.
5. Duties of teachers
Most state rules follow the model rules
in terms of the responsibilities and roles
of teachers. Delhi, Nagaland, Odisha, and
Himachal Pradesh, however, expect teachers
to perform any duty that may be prescribed
by the government. This would appear to
contradict the parent Act that limits the
number of tasks that teachers can be
involved with.
Many of the states make provisions for
additional tasks- fortunately all of them
academic in nature. Thus, Haryana expects
the maintenance of a teacher diary. Andhra
Pradesh, Nagaland and Manipur expect the
cumulative record to also include the records
of the existing training and other innovative
programmes undertaken by the state.
Karnataka makes periodic assessment of
children a specific responsibility of teachers.
Karnataka and Maharashtra make the
identification of out of school children,
initiation and provision of special training
and/or broadly ensuring attendance of
children the responsibility of the teacher.
A convergence with hostel facilities of
government departments like social welfare,
backward classes and women and child
welfare is expected in the case of Karnataka
for ensuring special trainings. Mizoram, Uttar
Pradesh and Uttarakhand have a provision
of holding regular meetings with parents
to apprise them of the performance of their
wards.
West Bengal also makes it the task of a
teacher to inform the parents and the SMC of
a child, who in the opinion of the teacher may
need special care and attention. Uttarakhand
also reiterates the expectation of no corporal
punishment, harassment and discrimination
in the responsibilities of teachers and
expects teacher to provide quality
education to every child in a congenial
learning environment and to inculcate
expected human values among students.
Interestingly, it also adds another task: The
teacher shall keep positive attitude about
teaching profession.

6. Grievance redress for teachers

Some states follow the model rules in making

the SMCs the first line of redress for teachers.
Karnataka expands this provision a little
further with the expectation that the SMC
monitor and take appropriate action in the
event of harassment of teachers in general
and also complaint of women teachers in
particular. Jharkhand, Odisha, Tamil Nadu and
Chhattisgarh omit this section completely.
Delhi and Himachal Pradesh specify that
separate notification would be brought out
for grievance redress of teachers whereas
in Uttarakhand it has been specified that
grievance redress of government and aided
school teachers would be in accordance with
their service rules. Maharashtras section on
grievance redress of teachers only looks at
private schools.
a. First line of redress
Only three states explicitly state a body
other than the SMC as the first line of
redress. In Kerala, the head teacher shall
examine and redress the grievances of
teachers at the school level in the first
instance with the SMC taking the matter up
only in case the issue remains unresolved.
Punjab makes the block level as the first
point of redress. Karnataka, however,
expects the BEO to be present during all
the grievance hearings of the SMC. West
Bengal lays down a timeline of four months
for redress at the SMC level, after which
the complaint would be expected to be
upgraded upwards to the next level.
b. Second and higher levels of redress
Again, the majority of states reiterate the
principle of tribunals at the state, district
and block levels. Assam. Gujarat, Bihar,
Goa, Gujarat, Kerala, Madhya Pradesh and
Nagaland, however, do not provide for
tribunals at the block level. Uttar Pradesh
does not have any mechanism at a level
higher than the SMC. State tribunals are
missing in Uttarakhand, Rajasthan and
Andhra Pradesh. West Bengal refers all

39

cases unresolved at the SMC level to the

West Bengal Administrative (Adjudication
of School Disputes) Commission. Punjab
specifies the DEO as the appellate for
receipt of teacher complaints and provides
for a tribunal just at the state level.
Some of the states have done an amount
of fleshing out of the processes involved.
Thus, Rajasthan, Madhya Pradesh &
Andhra Pradesh provide a breakdown of
the membership of the committees that
are expected to play these roles and
stipulate that they meet at least once in
a quarter. Madhya Pradesh additionally
provides for the district committee to
redress complaints within a period of 30
days. Nagaland elaborates on just the
structures.
c. Grievance redress for teachers in private
schools
Andhra Pradesh, Madhya Pradesh and
Rajasthan expect each private school to
develop its own mechanism of redress.
Uttarakhand expects unaided schools to
inform the DEO of a case, who is responsible
to ensure that the grievance is looked into.
In Karnataka, while the SDMC is the first line
of redress for aided schools, for private unaided schools, section 96 of chapter 14 of
Karnataka Education Act 1983 applies for
grievance redress.
Maharashtra specifies that teachers
aggrieved over issues of dismissal/
promotion are to appeal to the tribunal
constituted under section 8 of the
Maharashtra Employee of Private Schools
(Conditions of Service) Regulation Act, 1977
with the appeal to the same being governed
by the provisions of sections 8-14 of the
Maharashtra Employees of Private Schools
(Conditions of Services) Regulation Act
1977 and Rule 39 and 43 of the Maharashtra
Employees of Private Schools(Conditions of
Services) Regulation Act 1981.
7. The special case of head teachers

40

Kerala specifically talk about the roles of

the head teachers in addition to the roles of
teachers. The parent rules are silent on the
role of the head teachers, but their role can
be considered critical from the perspective
of ensuring onsite support and leadership to
teachers.

Kerala duties to be performed by head

teacher and teachers:
(1) The head teacher shall be a person having
a minimum of twelve years of teaching
experience and possessing pass in such
departmental tests and test on Kerala
Education Act and Rules as may be
specified in that regard:
Provided that teachers in service shall be
given time up to three years to pass the
above tests.
(2) The head teacher shall undergo training
in school management and administration
conducted by the education department;
and
(i) Prepare a school academic calendar
covering all curricular and co-curricular
activities, based on the calendar of the
education department;
(ii) Observe and assess the performance
of the teachers based on the academic
calendar including conduct of regular
meetings of class parent-teacher
association and mother parent-teacher
association at least once in a term and
provide the teachers with necessary
guidance;
(iii) Regulate the absence of teachers from
their instructional duties in the school
on account of their participation on
other-duty in co-curricular activities
outside the school;
(iv) Assess the learning ability of every
child and shall ensure that he attains
the learning outcomes specified by the
academic authority for each subject
throughout the academic year;
(v) Act as a mentor to the children and
shall adopt the tutorial system so as to
ensure individual attention for the allround development of the child;
(vi) Ensure parent involvement by
conducting meetings of class parentteacher association and mother parentteacher association at least once in two
months;
(vii) maintain a file containing the pupil
cumulative record for every child which
may form part of the certificate issued at
the completion of elementary education;
(viii)Review the teacher performance on
their duties under Rule 18(3) at the
monthly Staff Council Meeting and
forward a review report to the Assistant
Educational Officer periodically;

B. Some implications based on the analysis

of the rules

2. Some specifics: positives and overarching

concerns

Positives:

This is the section of the document that

has seen the largest extent of modification
from the model rules, principally in terms of
omission of several key provisions. Serious
concerns about the teacher support systems
emerge based on the reading of the model
rules.

1. Policy issues
Lack of thought on modalities of
implementation of provisions pertaining
to upgradation of teacher qualifications.
Ten states have provided for a blanket
relaxation of qualifications in the instance
that adequate number of qualified
teachers are not in place. Ten states
have also omitted the provision defining a
specific responsibility of ensuring teacher
training systems. Delhi, Goa, Gujarat,
Karnataka, Kerala, Tamil Nadu and West
Bengal appear in both lists. This points to
a lack of seriousness about addressing
these issues and is a serious matter of
concern as far as the compliance with the
2015 deadline of the RTE Act is concerned.
One of the expectations from the RTE
Act was its potential of putting in
place mechanisms for the setting of
professional permanent teacher cadres
to ensure commitment of teachers to the
teaching profession. In contrast, 11 States
have omitted the mention of the same in
their state rules. Similarly, 12 states have
omitted the provisions pertaining to parity
of the working conditions of teachers
and special training teachers, and a few
states have continued the practice of
multiple strands of teacher qualifications.
Provisions pertaining to grievance redress
of teachers at higher levels (the teacher
tribunals) have been deleted in several
states. The concern that this raises is
of the commitment of the Indian state
towards the development of mechanisms
of ensuring re-professionalization of the
teaching force. Any improvement in the
learning outcomes, one of the Stated
outcomes of the 12th Five Year Plan is
unlikely without due consideration to
these aspects.

Nagalands state rules mention the

development of a teacher recruitment
policy and the ending of hiring of ad hoc
and temporary teachers.
Uttarkhands state rules speak about
a mechanism whereby gaps in teacher
availability are compiled.
Some states (including Karnataka) have
laid down a mechanism for dovetailing
the processes of grievance redress for
teachers with the SMCs.
Maharashtra has specified the laying
down of a grievance redressal system for
teachers in private schools in their state
rules. This is a positive development.
However, at the same time, there is a
concern that the provisions for redress for
government teachers have been removed
from the rules.
Gaps:
Under the Gujarat state rules, there is
a distinction between teachers and
Vidyasahayaks.
Himachal Pradesh and Karnataka permit
SMCs to hire teachers on the other hand
Four states have inserted blanket
statements that teachers may be
permitted to undertake other duties in
their state rules. This opens a dangerous
open space for engagement of teachers in
non teaching work.

Section VI: Inclusion

The RTE Act has a number of provisions that
aim at ensuring inclusion of all children. Many
of these provisions are more cross-cutting in
nature, rather than forming a discrete category
of inclusion. These provisions are further
translated into wherever applicable specific
provisions within the model rules. Given the
cross-cutting nature of the issue of inclusion,
some aspects of the issue have already been
dealt within the report. Thus, the issues of
setting up of universal standards of quality,
identification of children out of school and
provision of special training to ensure their
inclusion in the school system have direct

41

implications for the issue of inclusion. At the

same time, the provision of 25% seats being set
aside for children from marginalized communities
in fees charging private schools is something
that has direct implications for inclusion.
The present section looks at some of the issues
not covered elsewhere in the report and having
direct implications on the issues of inclusion.

Complete omission: Uttarakhand and West

Bengal omit the clauses pertaining to
disability completely. Madhya Pradesh and
Gujarat mention that children with disability
will be mapped but does not specify
entitlements under the rules9.

Arrangements for appropriate and safe

transportation: All states have these
provisions under their rules except Himachal
Pradesh, Nagaland, Maharashtra and Sikkim.
These instead providing for a distance or
transportation allowance at such rate as
may be fixed by the state government from
time to time, for enabling them to attend
the school. In contrast, Delhi and Kerala
alone make a definitive statement that
transportation shall be made available.

1. Inclusion of children with disability

Provision in the Act
A child suffering from disability, as defined
in clause (i) of section 2 of the Persons with
Disabilities (Equal Opportunities, Protection
and Full Participation) Act, 1996 shall have
the right to pursue free and compulsory
elementary education in accordance with the
provisions of Chapter V of the Act.
A school shall admit in class I to the extent
of at least 25% of the strength of that class,
children belonging to weaker section and
disadvantaged group in the neighbourhood
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
above provision shall apply for admission to
such pre-school education.
The recently passed amendment in section
3 suggests that a child with multiple and
severe disabilities such as autism and
cerebral palsy, or who is mentally challenged,
may also have the right to opt for homebased education. National Trust Act
disabilities have likewise been inserted into
the list of disabilities.
Provisions under the model rules
In respect of children with disabilities which
prevent them from accessing the school
the state government/local authority will
endeavour to make appropriate and safe
transportation arrangements for them to
attend school and complete elementary
education.
A child with disabilities shall also be provided
free special learning and support material. The
state government/local authority shall ensure
that no child is subjected to caste, class,
religious or gender abuse in the school.

42

Home-based schooling for severely disabled

children: In Andhra Pradesh and Kerala there
is provision for home-based education for
severely disabled children who cannot be
transported to schools. These provisions
echo subsequent RTE amendments that
have provided opportunities for home
schooling. According to activists, this
provision would make it easier for schools
to deny admission to a disabled child and
recommend home-based schooling. Given
the thin line between various disabilities,
even those suffering from mild symptoms
may pay the price as schools are already
known to turn down admission requests
for disabled children citing lack of trained
teachers. Option that may be suggested
is inclusions of provision that severely
disabled children may receive home-based
schooling for say one-two years and then
they must be sent to mainstream schools.
This has also been how this provision has
been seen under SSA in the past as a form
of bridging and not as a full-fledged and
permanent alternative.

Provisions for teaching learning materials

and other adaptations necessary for
schooling: Of the states with mention of
provision of facilities for children with
disability, many also make provision for
supply of special materials for such children.

Bihar and Jharkhand use the word nishakt which may

mean disabled/disadvantaged but do not have any specific
provisions

Andhra Pradesh expands this clause by

stating that every child with disability shall
be entitled to free education with barrier
free environment and special material,
uniforms and books supplied by the state
and that all teachers in regular schools shall
be trained in appropriate teaching methods
for child with special needs for the purpose
of inclusive education. In Maharashtra the
entitlements required should be projected
in the school development plan made by
the SMC. These may include rehabilitation
arrangements for children from weaker
sections and children with disabilities.
Sikkim has excluded the clause pertaining
to supply of materials directly but tasks
the SMC in ensuring access to school and
completion of education by children with
this disability.
In Kerala:
(3) The government shall;
(a) ensure that children with disabilities
have access to free education till
they attain the age of 18 years and
shall promote their integration in the
regular schools;
(b) equip and upgrade the existing special
schools for children with severe
disabilities and provide them with
residential facilities in appropriate
locations;
(c) provide vocational training to all
children with disabilities;
(d) provide special teaching/learning
material and improved assistive
devices and all such items that
are necessary to give a child with
disability equal opportunities in
education;
(e) provide health care for the child with
disabilities at school level;
(f) formulate a restructured and relevant
curriculum for children with various
categories of disabilities;
(g) develop appropriate systems for
their continuous and comprehensive
evaluation.

2. Delimitation of catchment areas of schools

Model rules:
4 (1) The areas or limits of neighbourhood
within which a school has to be
established by the state government
shall be as under:
(a) In respect of children in classes I-V,
a school shall be established within
a walking distance of one km of the
neighbourhood.
(b) In respect of children in classes VI-VIII,
a school shall be established within
a walking distance of 3 km of the
neighbourhood.
(2) Wherever required, the state Government
shall upgrade existing schools with
classes I-V to include classes VI-VIII. In
respect of schools which start from class
VI onwards, the state government shall
endeavour to add classes I-V, wherever
required.
3) In areas with difficult terrain, risk of
landslides, floods, lack of roads and in
general, danger for young children in the
approach from their homes to the school,
the state government/local authority
shall locate the school in such a manner
as to avoid such dangers, by reducing the
limits specified under sub-rule (1)
(4) For children from small hamlets, as
identified by the state government/
local authority, where no school exists
within the area or limits of neighbourhood
specified under sub-Rule (1) above,
the state government/local authority
shall make adequate arrangements,
such as free transportation, residential
facilities and other facilities, for providing
elementary education in a school, in
relaxation of the limits specified under
sub-Rule (1).
(5) In areas with high population density, the
state government/local authority may
consider establishment of more than one
neighbourhood school, having regard to
the number of children in the age group of
6-14 years in such areas.

43

Most states have retained these provisions

verbatim. An exception to this Karnataka
that has modified the wording shall be
established within a walking distance into
normally established. In contrast, in West
Bengal and Jharkhand the norm for upper
primary has been changed to 2 km instead of
3 km as per the model rules.

Provision under the model rules

(1) The school referred to in clauses (iii) and
(iv) of clause (n) of section 2 shall ensure
that children admitted in pursuance of
clause (c) to section 12 (1) shall not be
segregated from the other children in the
classrooms nor shall their classes be held
at places and timings different from the
classes held for the other children.

3. Provisions for non-discrimination in all

schools

(2) The school referred to in clauses (iii) and

(iv) of clause (n) of section 2 shall ensure
that children admitted in pursuance
of clause (c) to section 12 (1) shall not
be discriminated from the rest of the
children in any manner pertaining to
entitlements and facilities such as text
books, uniforms, library and ICT facilities,
extra-curricular and sports.

Provisions under the model rules

(1) The state government/local authority
shall ensure that access of children to
the school is not hindered on account of
social and cultural factors.
(2) The state government/local authority
shall ensure that no child is subjected to
caste, class, religious or gender abuse in
the school.
(3) For the purposes of clause (c) of section
8 and clause (c) of section 9, the state
government and the local authority
shall ensure that a child belonging to a
weaker section and a child belonging to
disadvantaged group is not segregated or
discriminated against in the classroom,
during mid day meals, in the play grounds,
in the use of common drinking water and
toilet facilities, and in the cleaning of
toilets or classrooms.

(3) The areas or limits of neighbourhood

specified in Rule 4 (1) shall apply to
admissions made in pursuance of clause
(c) to section 12 (1). Provided that the
school may, for the purposes of filling
up the requisite percentage of seats
for children referred to in clause (c)
to section 12 (1), extend these limits
with the prior approval of the state
government.
a. Non segregation of children admitted

Most states reiterate the same principles

laid down above. However, in a large number
of states, non-discrimination clauses
are missing. West Bengals rules omit all
three, Gujarat omits the first two of three
and Madhya Pradesh the second point.
Furthermore, even when this has been
specified, it would be critical to see these
provisions functioning, especially in the face
of the absence of an effective grievance
redress system on the ground.

4. Provision for reservation of 25% seats

in fees charging private schools for
marginalized communities

44

With regard to this states rules across most

states have adopted the provisions in the
Model Rules and there are minor variations.
Himachal Pradesh, West Bengal, Bihar and
Jharkhand do not mention this clause.

These provisions largely hold for all states.

Gujarat has sought to combine the two
provisions. Gujarat orders that special
training be undertaken for the special
category children by the school management
to integrate them with other children.
Teachers and school management should
be properly sensitized to integrate these
children through professionally conducted
trainings. Maharashtra has specified that
supplementary additional classes may also
be held for children thus admitted, without
making this mandatory. Goa omits the clause
completely.

b. Process of identification of children for

admission
i) Procedures to be followed:

Several states have sought to delineate

some of the modalities for admission

within the state rules. This is over

and above the detailed operational
guidelines on this issue made by the
states and the circulars in this regard
issued by the central government.

Broadly speaking, a listing of eligible

children is to be maintained on the
basis of which the admission is to
be given. This may be the LA (Uttar
Pradesh), school authority (Tripura)
or SMC chairperson (Andhra Pradesh).
Goa has chosen to postponed taking
a decision on this, stating that this
list has to be maintained by either
the LA or government. Tripura has
specified that before finalizing the
process of admission as such, the
school authority shall undertake an
awareness programme on the process of
admission in the locality concerned. In
Uttarakhand, the Block Education Officer
is also expected to identify orphaned
children with the help of the social
welfare department. The help of various
orphanages may be also taken for the
identification of children living in these
establishments. The Block Education
Officer shall also prepare the ward wise
list of the existing schools as defined
under sub-clauses (iii) and (iv) of clause
(n) of section 2. In Andhra Pradeshs
rules in tribal areas, children falling
under the ambit of the Scheduled Tribes
(ST) shall be admitted first. In Kerala and
Haryana, selection of children shall be
through the drawing of lots. Haryana
specifies that it is the responsibility of
the school to ensure the retention of
these children once admitted.
The act specifies that the 25% clause
applies to the starting class of the
school. However, the rules have
specifically reiterated that the clause
applies to the pre-school sections in
Arunachal Pradesh, Haryana and Kerala.

ii) Internal breakup of the 25%

Several states have set aside specific

percentage reservations for specific
sections within the 25 or lays down

other criteria by which internal division is

ensured. The details thereof have been
covered under Annexure V.
iii) Minority institutions

Two states specifically mention

provisions for implementation of the
25% quota in minority institutions in
their rules. These provisions, however,
were obviously laid down prior the Acts
amendment keeping minority institutions
outside the Act. In Punjab, the rules
stated that minority institution shall be
at liberty to admit the same percentage
of students of the weaker section and
the disadvantaged group belonging to
that particular minority only to which
such an institution pertains. In Andhra
Pradesh, in minority institutions, all
candidates belonging to the minority
concerned should be considered for
filling first. After exhausting applications
of minorities the remaining seats are to
be filled in the order of ST, SC (Scheduled
Castes) and BC (Backward Castes). These
provisions would, however, would need
to be subject to the alternations brought
about by the amendments in the RTE Act.

5. Special provisions for child labourers

migrant children and children in conflict
areas

Andhra Pradesh, Maharashtra, Manipur and

Nagalands state rules talk about the setting
up of a formal child tracking system in their
states as part of the state rules.

The state rules of Andhra Pradesh emphasize

that educational status of children migrant
locations, work places and unregistered
habitations needs to be updated on a regular
basis. Punjab specifies that the enrollment
of children from migrant communities is to
be emphasized. Manipur emphasizes the
need for tracking the education of children
migrating both outside and into the state.

In Kerala and Maharashtra, migratory children

shall be enrolled in a neighbourhood school if
it has the appropriate medium of instruction.
If the appropriate medium of instruction is
not available, the transportation facilities
for attending the school, or a seasonal
residential hostel and other facilities

45

shall be provided by the local authority.

Kerala specifies the government and the
local authority shall make arrangements
including transportation, for the education
of the migrant children coming from other
states, in the neighbourhood school, or
where this is not practicable, by setting up
on-site schools at the work places where
the migrant labour from other states are
engaged in any economic activity in groups.
Furthermore, it specifies that as far as may
be practicable, the learning material and the
text books shall be in their respective mother
tongue. Appropriate learning materials shall
be developed by the academic authority in
consultation with the academic authority in
their state of origin.
Andhra Pradesh:
(7) The government shall make appropriate
arrangements for tracking the children
migrating from one district to another
within the state or children of the
families migrating from Andhra Pradesh
to other states or children of the families
migrating from other states into Andhra
Pradesh along with their parents, so
as to ensure continuity of elementary
education.
(8) The government shall provide seasonal
hostels in the villages known for
migration of labour, either on a seasonal
basis or for a longer time cycle so that the
children will stay back when their parents
migrate to other places and so that these
children are provided education and
suitable residential facility in spite of
their parents migration
(9) In areas affected by civil unrest and
in respect of children in difficult
circumstances, the government shall
notify schools as safe zones for children
to enable them to continue their
education uninterrupted. In case of
disruption of schooling, all the children
shall be accommodated in residential
schools where their education can
resume safely.

46

6. Maintenance of records
What the Act says
Every local authority will maintain records
of children up to the age of fourteen years
residing in its jurisdiction in such manner as
may be prescribed.
What the rules say
6 (1) The LA shall maintain a record of all
children, in its jurisdiction, through a
household survey, from their birth till they
attain 14 years.
(2) The record, referred to in sub-Rule (1),
shall be updated each year.
(3) The record, referred to in sub-Rule (1),
shall be maintained transparently, in the
public domain, and used for the purposes
of clause (e) of section 9
(4) The record, referred to in sub-Rule (1)
shall, in respect of every child, include
(a) name, sex, date of birth, (Birth
Certificate Number), place of birth;
(b) parents / guardians names, address,
occupation;
(c) pre-primary school/Anganwadi centre
that the child attends (upto age 6);
(d) elementary school where the child is
admitted;
(e) present address of the child;
(f) class in which the child is studying
(for children between age 6-14), and if
education is continued in the territorial
jurisdiction of the Local Authority, the
cause of such discontinuance;
(g) whether the child belongs to the
weaker section within the meaning of
clause (e) of section 2 of the Act;
(h) whether the child belongs to a
disadvantaged group within the
meaning of clause (d) of section 2 of
the Act;
(i) details of children requiring special
facilities / residential facilities on
account of migration and sparse
population; age appropriate admission;
disability.
(5) The local authority shall ensure that
the names of all children enrolled in the
schools under its jurisdiction are publicly
displayed in each school.

The same broad framework has been

followed by all state rules. In addition, Andhra
Pradesh, Kerala, Madhya Pradesh, Manipur
and Uttar Pradesh rules talk about allotment
of a unique identification number to each
child during the process. Haryana and Kerala
in addition to the other records, expect that
a comprehensive health card be compiled
and updated annually for each child.

On the basis of birth certificate or the basis

of other documents that may be prescribed
No child shall be denied admission in a
school for lack of age proof
Model rules prescribes for age proof
the following

Tamil Nadu specifies that these records be

maintained till the age of 18 for children with
disability. Haryana envisages that the record
of all under five year old children be collected
through a household survey whereas the
record for older children up to the age of
14 years is to be maintained by the District
Elementary Education Officer.
The local authority is principally tasked
with this in a majority of states. Bihar and
Jharkhand task this to the Local authority
and provides details in the state rules as
to what needs to be recorded and updated
regularly. Rajasthan and Sikkim task both
the LA and the state government. It is the
BEO for Uttarakhand. In West Bengal, the
state government is expected to have
these records maintained at the circle level
resource centre, with the birth registration
authorities in rural and urban areas
providing the relevant data for this purpose.
In Maharashtra the state rules follow the
suggestions of the model rules but also
suggests mapping of out of school children
and children who have dropped out.
An interesting dimension is the transparency
of the information. The model rules specify
that the information is to be available in the
public domain. Chhattisgarh, Kerala, Madhya
Pradesh and Delhi omit the aspect of the
information being compulsorily publically
available.

7. Proof of age

Provision in the Act

Most state rules broadly adhere to the

provisions as under the model rules. An
issue of significance is whether the self
declaration is to be undertaken as a formal
affidavit (as laid down in the model rules) or
a self declaration (as recommended by the
NCPCR). Arunachal Pradesh, Chhattisgarh,
Haryana, Manipur, Meghalaya, retain the
provision of it being an affidavit.

Birth certificates
Hospital auxillary nurse and midwife register
record
Anganwadi record
Declaration through an affidavit by parents or
guardians

In Jharkhand and Gujarat where a birth

certificate is not available, the proof of
age may be taken from the records of
the hospital, records of the midwife or
ANM, anganwadi register or by parental
proclamation of age of child.

In addition, several states have clearly

deviated from the provisions of the RTE by
adding additional layers of certification.
Madhya Pradesh expects the parents to (in
addition to the self declaration) submit a
certificate of verification of the date of birth
of the child within six months of admission
from any elected representative of the local
authority, urban local body or panchayat of
the area where he / she resides. Maharashtra
expects the self declaration to be certified
by the sarpanch of the village or head
master of the local school, or in case of
urban or semi-urban area, by an officer
notified by the government. In cases where
a birth certificate is not available, an officer
of a rank senior to that of the officer who
admitting the child to the school, shall
confirm that other documents acceptable
in place of the birth certificate are in
fact, not available or cannot, in fact, be
obtained. Haryana expects the head teacher
to intimate the local authority concerned
regarding admission of any child without
birth certificate and the concerned authority
(registrar, births and deaths) shall forward
copy of the birth certificate within six
months of such intimation. In West Bengal
while a submission of self declaration is

47

acceptable, the parents or the guardian

submitting such written declaration shall
have the responsibility of submitting a birth
certificate, records of the sub-centre/ICDS
(integrated child development services)
Centre or a certificate from a medical
practitioner within 6 months from the date of
admission.

Other states recommend other documents

as possible sources of proof. The record of
the village chowkidars (watchman) register
will be counted as well. In case of Sikkim
the letter issued by the local authority will
also be valid. In Tripura while admitting
unaccompanied children, such as orphans,
the school at its own expense shall call
for a medical examination of the child by
a qualified government doctor and make
an entry of the date of birth as certified
by the doctor. In Uttarakhand the proof of
age will be the parivaar (family) register or
gram (village) register. Manipur states that
a horoscope is an acceptable alternative
document. Mizoram accepts a baptismal
certificate and Nagaland accepts an entry in
the Church register.

8. The under six child

The Gujarat rules look fairly extensively on

the issue of pre-school education. Thus,
the rules specify that no under-three year
old child shall be admitted in any preschool and that no parents be interviewed
during the course of admission. It also
speaks about the provision for designing
of pre-school curriculum and assessment
procedures in the state rules. The necessary
mechanism for the training of pre-school
teachers has also been laid down. Haryana
state rules reiterate that an endeavour to
extend pre-school education shall be made.
Arunachal Pradesh and Kerala rules also
mention ECCE (early childhood care and
education).

B. Some positives and overarching

concerns:
Positives:
West Bengal and Jharkhand have exercised
their discretion to lower the minimum
distance criterion for upper primary schools
from 3 to 2 km.

48

Maharashtra and Gujarats state rules

pertaining to the implementation of the
25% provision have provided for the school
to provide supplementary classes and
otherwise render support for social inclusion.
Punjab and Andhra Pradesh state rules had
looked into providing for the implementation
of the 25% quota in minority institutions.
The rules of Punjab, in particular, offered
a formulation that offers a possibility for
implementation of the provision without
violating the institutions minority character.
Andhra Pradesh, Maharashtra, Manipur, and
Nagaland provide for child tracking surveys in
their state rules rendering the need for doing
so legal rather than just policy based.
Several states have looked into the
modalities of implementation of the Act for
migrants. Kerala and Maharashtra state rules
address the issue of medium of instruction
of incoming migrants. Manipur specifies that
tracking of children migrating both outside
and into the state would be tracked.
Andhra Pradesh is the only state to recognize
civil strife in their state rules.
Gujarat has made extensive provisions
for ensuring a focus on early childhood
education in the framework of the Act,
pushing the Acts boundaries forward in its
scope.
Haryana and Karnataka speak about the
essential nature of linkage of Health and
Education, making it essential for the school
to maintain a Health Card for every student.
Concerns:
Himachal Pradesh, Nagaland, Maharashtra,
Sikkim has made provisions for the payment
of a transportation allowance in case
transportation is not provided to children
with disability. It remains unclear what said
allowance would do in remote areas where
the state itself is unable to provide transport.
Andhra Pradesh and Karnatakas state rules
provided for home-based education for
children with disability, something that has
since been taken nationwide through the
amendments to the RTE Act.
Karnataka has removed the distance norm
in its state rules, leaving the definition as a

rather vague walking distance that is open

to multiple interpretations.

Four states do not provide for 25% quota

in their rules, although the same is being
implemented in their states. The omission is,
however, indicative of lack of attention to the
issues of implementation of the same.

The National Commission for Protection

of Child Rights (NCPCR) constituted under
Section 3 or as the case may be, the State
Commission for Protection of Child Rights
(SCPCR) constituted under section 17 of the
Commissions for Protection of Child Rights
Act, 2005 shall in addition to the functions
assigned to them under that Act, also
perform the following functions:-

The only state to recognize the existence

of civil strife in its boundaries is Andhra
Pradesh that provides for the education of
the children affected.

a) Examine and review the safeguards for

rights provided by or under this act and
recommend measures for their effective
implementation.

The clause pertaining to non discrimination

has been omitted in two states- West Bengal
and Gujarat.

Section vii: Grievance redress and

the role of the SCPCR
The RTE Act largely does not lay down a clear
mechanism for grievance redress. However,
provisions pertaining to redress may be found
in two locations in the provision for grievance
redress for teachers and the SCPCR. A more
detailed analysis of this provision is covered
under the appropriate section under the teacher
section. However, broadly, most states follow the
provisions of the model rules in specifying the
SMC as the first line of redress on teacher issues.
1. Grievance redress

Only Uttarakhand, Uttar Pradesh, Goa and

Rajasthan lays down a mechanism for
redress within the rules that reach out to
issues beyond teachers within their state
rules. These provisions are reproduced in
Appendix VI. Several of the states have,
however, subsequently issued detailed
operational guidelines for redress. In the
case of Goa, the provision is for submission
of written complaints to the LA which is given
three months to resolve the same. This is
followed by an appeal to the SCPCR.

2. State Commissions for Protection of Child

Rights

Provisions in the Act

The SCPCRs are the appellate structures

in the RTE Act and are the mandated for
grievance redress at the state level. This
section looks at this provision.

b) Inquire into complaints relating to child

rights to free and compulsory education;
and
c) Take necessary steps as provided of the
said Commissions for Protection of Child
Rights Act.
2) The said Commission shall, while inquiring
into any matters relating to Child Right's
to free and compulsory education under
clause c of sub section 1 have the same
powers as assigned to them respectively
under section 14 and 24 of the said
Commissions for Protection of Child
Rights.
3) Where the SCPCR has not been
constituted in a state, the appropriate
government may, for the purpose of
performing the functions constitute such
authority, in such manner and subject
to such terms and services as may be
prescribed.
Redress of grievances
Any person having any grievances relating to
the right of a child under this Act may make
a written complaint to the local authority
having jurisdiction.
After receiving the complaint the local
authority shall decide the matter within
a period of 3 months after affording a
reasonable opportunity of being heard to the
parties concerned.
Any person aggrieved by the decision of the
local authority may prefer an appeal to the
SCPCR or the authority prescribed.
The appeal shall be decided by the SCPCR or
the authority prescribed.

49

Model rules
In respect of a state which does not have a SCPCR, the state government may take immediate steps
to set up the commission.
1) Till such time as the state government sets up the commission, it shall constitute an interim
authority known as the Right to Education Protection Authority (REPA) for the purposes of
performing the functions specified in sub-section (1) of section 31, within six months of the
commencement of Act or the constitution of the SCPCR, whichever is earlier.
2) The National Commission for Protection of Child Rights Rules, 2006 shall, so far as pertains to the
terms and conditions, apply to chairperson and other members of the REPA.
3) All records and assets of the REPA shall be transferred to the SCPCR immediately after its
constitution.
4) In performance of its functions, the SCPCR or the REPA, as the case may be, may also act upon
matters referred to it by the State Advisory Council.
5) The state government shall enable constituting a cell in the SCPCR or the REPA, as the case may
be, which may assist the commission or the REPA in performance of its functions under the Act.
6) The SCPCR, or the REPA, as the case may be, shall set up a child help line, accessible by SMS,
telephone and letter, which would act as the forum for aggrieved child/guardian to register
complaint regarding violation of rights under the Act, in a manner that records her identity but
does not disclose it;
7) All complaints to the helpline should be monitored through a transparent alert and action online
mechanism by the SCPCR, or the REPA, as the case may be.
a. Formation of appropriate structures

All state rules make provision for the formation of either an SCPCR or a REPA except

Madhya Pradesh, Punjab, Tamil Nadu. Ironically, Madhya Pradesh actually had an SCPCR at the time of
the rules drafting (albeit fairly understaffed). Himachal Pradesh does not make mention of the need
for an SCPCR and just intends to set up a REPA in its rules.
Provision under Rules
Rules mention on SCPCR

Rules mention only REPA

Rules mention both SCPCR and REPA

Assam, Bihar, Delhi, Karnataka,

Maharashtra, Nagaland, Odisha,
Rajasthan, Sikkim

Himachal Pradesh

Rest (except Madhya Pradesh, Tamil

Nadu and Punjab that omit these
structures completely)

Actual status of the structures (on 1 April 2013)

10
11

50

States with scpcr10

States having only a

repa

States lacking both scpcr and repa

(i) Assam, (ii) Bihar (iii)

Chhattisgarh (iv) Delhi (v) Goa
(vi) Haryana (vii) Jharkhand (viii)
Karnataka (ix) Madhya Pradesh
(x) Maharashtra (xi) Punjab (xii)
Odisha (xiii) Rajasthan (xiv)
Sikkim (xv) Uttarakhand (xvi)
Tamil Nadu (xvii) West Bengal.

(i) Arunachal Pradesh, (ii)

Himachal Pradesh, (iii)
Meghalaya, (v) Mizoram

(i) Andhra Pradesh11 (ii) Gujarat (ii) Kerala

(iv) Manipur, (v) Nagaland (vi) Tripura, (vii)
Uttar Pradesh
UTs lacking either SCPCR or a REPA
Andaman and Nicobar Islands,
Chandigarh, Dadra & Nagar Haveli,
Daman & Diu, Lakshadweep, Puducherry

http://pib.nic.in/newsite/erelease.aspx?relid=92409
A government order has been issued for nomination and formation of the same. The actual SCPCR is not yet in place.

As the table above suggests, a fairly large

number of states had a REPA or lacked either
structure. Most states follow the model
rules in specifying that the REPA be formed
within six months of the notification. This
clause has been omitted by Gujarat, Haryana,
Jharkhand, Kerala, Tripura, Uttar Pradesh and
West Bengal that do not specify a time frame.
Manipur gives a period of nine months. None
of the State Rules mentioning the formation
of REPA specify a time frame by when a fullfledged commission is expected to come up.

b. Enhancing SCPCR capacity to move into

anticipated role

Andhra Pradesh, Arunachal Pradesh, Gujarat,

Manipur, Sikkim and Haryana state that
the state government shall enable the
constitution of a cell in the SCPCR/REPA
to assist the latter in performance of its
functions under the Act. Bihar specifies
that necessary support shall be extended
to the commission for the purpose. Kerala
mentions that resources would be made
available. Delhi and Odisha state that
resource support shall be extended.
Chhattisgarh, Karnataka, Maharashtra,
Uttarakhand, Himachal, Jharkhand, Manipur,
Tripura, Mizoram, Uttar Pradesh, West
Bengal omit the clause. The issue arises
from the limited capacities of the existing
SCPCRs whose ambit of wok has been
considerable enhanced under the RTE Act.
A commensurate expansion in the support
extended to these structures is required.
Omissions of supportive provisions from the
model rules are consequently unfortunate.

c. Role expected to be played by the

commission

Most rules mention that the commissions

thus formed would have the powers laid
down and be governed by the terms and
conditions laid down under the National
Commission for Protection of Child Rights
Rules, 2006.
In tangible terms, the state rules of
Arunachal Pradesh, Gujarat, Haryana,
Manipur, Meghalaya, Mizoram, Uttar
Pradesh and Assam expect the SCPCR/
REPA to set up a child help line, accessible
by SMS, telephone and letter, which would
act as the forum for aggrieved child/
guardian to register complaint regarding

violation of rights under the Act, in a

manner that records her identity but does
not disclose it. Delhi and Jharkhand speak
of the setting up of a child helpline to
register complaints regarding violation
of rights of the child under the Act,
which may be monitored by it through a
transparent on-line mechanism.
Jharkhand
1) In case of denial to admission for not
having age proof or transfer certificate,
the parents/guardian of the child may
lodge written complaint with SMC and SMC
shall immediately resolve the issue and
ensure enrolment of the child
2) In case of unavailability of facilities in
the school, as per the provisions of the
Act, affected person may give application
to the local authority. After inquiry the
local authority shall made it available
to the District Education Officer. District
Elementary Education Committee shall
decide such cases as per the Act and
shall make their recommendations
available to the state government.
3) Complains against non-availability of free
textbooks, writing material or uniform
shall be registered with SMC. In case of
inaction of SMC parents/guardian of the
child may appeal to the local authority.
4) Any complaint against any type of
discrimination by the school/teacher
shall be made primarily to the SMC. In
case of inaction of SMC parents/guardian
of the child may register first appeal to
the local authority and second appeal to
the District Education Tribunal.
5) Complaint against illegitimate deputation
of teachers or involvement of teachers in
tuition/coaching shall be reported to the
local authority. In case of inaction of the
local authority an appeal shall be made to
the District Education Tribunal.
6) In case of not obtaining certificate of
completion of elementary education,
complain can be made to the SMC. In case
of inaction of the SMC an appeal shall be
made to the District Education Tribunal.

51

3. State advisory council

The Act states
33 (1) The Central Government shall
constitute, by notification, a National
Advisory Council, consisting of such
number of members, not exceeding
fifteen, as the central government may
deem necessary, to be appointed from
amongst persons having knowledge
and practical experience in the field
of elementary education and child
development.

C. Some implications based on analysis

of the rules

Policy implications

The provisions regarding the setting of

redress mechanisms for the Act would
have been expected to form the most
critical component that would ensure the
legislations implementation. In contrast to
that expectation, the sections pertaining
to redress are among the weakest in the
rules and have seen considerable further
dilution. A few states have also opted to
remove a reference the setting up of the
SACs which is a cause of concern. Together
these developments point towards the
reluctance of the state to implement robust
accountability systems. It is imperative to
ensure that a strong and clearly delineated
mechanism for redress is put into place
to deal with both instances of individual
complaints and manifestations of large
scale systemic failure to adhere to the Acts
provisions and deliver quality education.
Failure to ensure such an administrative
and quasi judicial route would only leave the
judicial route open relying on the already
over burdened courts as a modus of conflict
resolution and redress.

(2) The functions of the National Advisory

Council shall be to advise the central
government on implementation of the
provisions of the Act in an effective
manner.
(3) The allowances and other terms and
conditions of members of the National
Advisory Council shall be such as may be
prescribed.
34 (1) The state government shall constitute,
by notification, a State Advisory Council,
consisting of such number of Members,
not exceeding fifteen, as the state
government may deem necessary, to be
appointed from amongst persons having
knowledge and practical experience in
the field of elementary education and
child development.

Positives
Credit goes to the state rules of Rajasthan,
Uttarakhand and Uttar Pradesh for having
included mechanisms for redress in its
rules. The delineation of mechanisms for
appeal and an actual procedure for how
complaints are to flow from the grassroots
to the State and national level is a positive
feature. The placement of these provisions
in the rules rather than placing this aspect
under operational guidelines or circulars
by these states gives them additional
sanctity.12

(2) The functions of the State Advisory

Council shall be to advise the state
government on implementation of the
provisions of the Act in an effective
manner.
(3) The allowances and other terms and
conditions of members of the State
Advisory Council shall be such as may be
prescribed.

52

Punjab, Tamil Nadu and Nagaland omit a

reference to the formation of the SAC. The
rest of the states have made a provision
for a State Advisory Council to be set up
as a counterpart to the National Advisory
Council. A detailed analysis of the specific
constituent members, their entitlements and
other similar operational issues of each State
has not been made.

Concerns
Madhya Pradesh, Punjab and Tamil Nadu
omit provisions pertaining to REPA and
SCPCR in their state rules ironically
despite Madhya Pradesh actually having
an SCPCR in place. Several states omit
a timeline for the formation of the REPA
A government order has been issued for nomination and
formation of the same. The actual SCPCR is not yet in place.

12

and no state has a provision laying down

a timeline by when the REPA would be
converted into a full-fledged SCPCR.

Three states have omitted provisions laying

down the formation of a SAC.

Conclusion
The RTE Act came into force in April 2010 and
with a timeline of three years to implement all
of its provisions, except those pertaining to
teacher training. This deadline is 2015. However,
despite this, in reality the ground situation has
not improved in substantial ways with barely
10% schools compliant with the entire set of RTE
norms at the end of the RTEs 2013 deadlines.
The implementation of the RTE Act, consequently,
presents a classical example of the creation of
an implementation gap between policy and its
implementation. The gap persists for two sets of
reasons- the actual provisions under the Act and
the modalities of their implementation.
A detailed analysis of the processes of drafting
of the parent act and the subsequent delegated
legislation is outside the purview of the present
document. However, the same has not been very
participatory in its nature and the continued
persistence of centre-state discord over the
Acts implementation had lowered its legitimacy
and the sense of ownership of those tasked for
its delivery. The limited efforts made towards
building awareness of its provisions (and more
critically, the spirit behind the same) among both
the staff on the ground tasked with the Acts
implementation and indeed even the drafters
of the respective state rules has also lead to
confusion and misinformation on a few aspects.
From the review of all state rules it is clear
that considerable variety exists in how the
states intend to carry forward the agenda of
implementation of the parent RTE Act. There is
also considerable variety in the extent to which
the multiple state rules have remained faithful to
the spirit of the RTE Act.
This was anticipated and indeed expected for an
issue that is on the concurrent List in a largely
federal education system. Not all deviations
are necessarily negative aberrations, but are
actual positive provisions that would strengthen
the implementation of the provisions. A case

in point is that of West Bengal which has

delineated 2 km as the distance for upper
primary schools. Or take the expansion on the
provisions for early childhood education in the
Gujarat state rules or the planning specifically
for education of children in areas of conflict
in Andhra Pradesh. There are several other
examples. These positive provisions may be
used by other states while implementing these
provisions in their own areas.
However, a large part of the adaption in several
states has taken the form of omissions of certain
clauses from the model rules. Thus, the omission
of provisions pertaining to entitlements for
persons with disability does not amount to a
process of contextualization of the provisions,
but rather deliberate omissions. These are
usually provisions with cost implications or
provisions where penal clauses may be applied.
Systemic inertia has been the predominant factor
in those states.
This inertia may have two reasons: the precarious
financial situation of the state government and
operational difficulties in bringing about farreaching change in the structure of an education
system whose functioning has remained
unchanged for decades.
Financial allocations are inadequate for the
Acts timely roll out. The Parliamentary Standing
Committee on Human Resource Development
highlights severe shortfall between the
projections of the MHRD and actual allocations.
In 2013-14, the projected cost for the
implementation of SSA and RTE was Rs. 50,000
crores, which contrasts with an actual allocation
of 27,258 crores. 13 Allocations were further
reduced by Rs. 26608 during the course of the
year 2013-14.
The central governments failure to make
adequate investments for the Acts
implementation is compounded by the poor fiscal
status of states, which are unable to find the
resources needed to take proactive steps. The
progress of implementation during the first year
was severely affected by a long negotiation over
cost-sharing between the centre and states.
At last, an agreement was reached on a share
of 63:35 for non-NER States/UTs and 90:10 for
http://164.100.47.5/newcommittee/reports/
EnglishCommittees/Committee%20on%20HRD/253.pdf

13

53

NER (North Eastern Region). However, almost

half of all states/UTs (16) are currently unable
to find the resources needed to meet their own
share. The 16 states include several of the
most populous states Andhra Pradesh, Bihar,
Chandigarh, Himachal Pradesh, Maharashtra,
Manipur, Meghalaya, Mizoram, Odisha, Punjab,
Sikkim, Tamil Nadu, Tripura, Uttar Pradesh and
West Bengal together amounting to a backlog of
1812.48 crores as on 31st December 2012. This
is a central reason for the omission of several
provisions of the model rules in state rules.
Issues like the formation of permanent cadres
of trained and professional teachers would have
long term and recurring cost implications for
states and have thus been undermined.

violate the parent Act. There are several others.

In contrast, 18 states/UTs have released excess

state share amounting to 2519.10 crore as on
31 December, 2012. These States/UTs were
Andaman & Nicobar Islands, Assam, Chandigarh,
Dadra & Nagar Haveli, Daman & Diu, Goa, Gujarat,
Haryana, J&K, Jharkhand, Karnataka, Kerala,
Lakshadweep, Madhya Pradesh, Nagaland,
Puducherry, Rajasthan and Uttarakhand.
While these typically have a relatively smaller
implementation gap, not all states failing to meet
their shares are the most fiscally challenged
and not all states that are making excess
contributions are consistently better off.

The preceding pages of the document highlight

several specific issues. Given the wide variety
of the content and the number of states, it is
easy to drown in the minutiae of the specific
provisions on specific issues. However, some
major cross cutting issues emerge that have
wider implication for the implementation of the
RTE Act, or indeed any other legislation of similar
nature.

In a federal system where central intervention

may not be welcome and where the educational
provisions have been delivered through a
particular mode for over 60 years, it is not
surprising that there may be inertia in the face
of the necessity to implement the provisions.
Systemic change in an education bureaucracy
takes time to bring about where existing ways
of working need to be altered. The central
legislation appears to not have been adequately
owned by several of the state systems leading
to a rather superficial process of adaptation of
the provisions. However, the time bound nature
of the Act makes it necessary to implement the
provisions in accordance with the legislations
mandate. The lack of urgency and frequently
thought on the operational aspects of the Acts
provisions has rendered implication difficult.
There are also instances where the Rules violate
the parent Act. Thus, the heavy reliance on
standardized testing and the development of an
effectively new set of school recognition criteria
in Gujarat is an example where the provisions

54

The reference to Gujarat rules as having both

positive and negative provisions is illustrative
of the fact that there are no real RTE champion
states where one can say that all the provisions
are exceptional in nature. Similarly, there are no
States whose rules can be described as being
bad in all respects. The picture that emerges
is complicated and probably is reflective of the
overall complexity of education programming
across the country. The need to recognize this
diversity and address the multiplicity of factors
in order to overcome the implementation gap for
this legislation is one of the critical insights of
the exercise.

Problems with the modalities of delegation of

powers to the community.
While paying lip service to the principle of
community participation, several states
have brought in provisions whereby the
decision making powers are left with the
administration. A mechanism to empower
community based structures SMCs and
Local Authorities (PRIs and ULBs) is needed
to ensure that they retain decision making
powers.
SMCs have been vested with a wide range
of powers and tasked with a range of tasks.
Indeed, many states have added a range of
responsibilities on top of the ones they are
already expected to play. However, only two
states explicitly speak about building their
capacity to take on these enhanced roles.
While doing so may not have been explicitly
expected under the model rules, the
current experience of the implementation
of the RTE Act has been that processes
of SMC capacity building have not really
changed drastically from the way they were
implemented for the VECs and other preRTE structures. SMC should be provided the

training and support required to allow them

to play the role expected from them.
Several states place financial powers in
the hands of the SMC. Given the literacy
levels of SMC members and the overall
lack of capacity enhancement efforts,
this is something that requires particular
attention. Measure should be taken to
build their financial literacy and increase
transparency and accountability through
social audits notably.
A corollary of the above issue is the fact
that several tasks hitherto vested with
the government have been delegated
to community representatives that are
neither empowered with the necessary
skills or the funds or the rights within the
administration. Thus, it is unclear how
the SMC in Uttarakhand would actually
identify children with disability and provide
inclusive education to the same or how
its neo-literate parent members would
immediately review the CCE (continuous
and comprehensive evaluation) practiced
in schools. These are tasks that are usually
performed by the administration, not parent
volunteers. Consequently, additional tasks
assigned to the community should be
reconsidered to ensure the governments
adequate involvement for areas requiring
professional expertise.
Fourteen states make provision for child
participation in the SMC in some form. It
would be essential to see how the unequal
power dynamics of adults and children
would be negotiated and whether these
nascent beginnings to childrens voices
being heard becomes a practical aspect of
work across India. MHRD needs to provide
clear national operational guidelines in this
regard.
Unclear lines of responsibility and
operationalization of provisions
Several sections of the State rules continue
to refer to assorted unnamed bodies local
authorities, appropriate authority or concerned
academic authority. These have not been
defined in the overwhelming number of cases,
either in the state rules or in subsequent
government orders. This makes it difficult
to ascertain who is tasked to do what in

tangible terms for the implementation of the

Act. The ambiguities and lack of detail make
implementation difficult since there is no
individual accountability has been laid down
within the system. A majority of States have
notified Local Authorities through government
orders and circulars which are current domain.
However, these are also fairly vague in terms
of laying down specific responsibility and
accountability for delivery of key provisions. At
the same time, a concerted process of building
awareness about the provisions under the Act
and the specific roles to be played by these
structures has also not been undertaken.
Consequently, the State notifications need to
be reviewed to ensure individual responsibility.
This could be anchored by MHRD. At the same
time, greater focus needs to be put on building
capacities of local authorities and government
officials in the concerned appropriate
governments and academic authorities to
enable them to undertake the roles expected.
Budget for this would need to be set aside
under SSA in its capacity of being the vehicle
for delivering the RTE Act.
Grievance redress remains a critical area of
weakness in the Rules.
One would have wished the State Rules
to address the issue of lack of redress
mechanisms in the Parent Act or model
rules. However, this does not appear to have
happened. A corollary of the lack of clear lines
of responsibility is the lack of a mechanism
for approaching concerned officials in case
entitlements have not been delivered. While
SCPCRs and REPAs are expected to be formed
and take on a whole range of tasks, 11 states
fail to mention any additional support will
be extended to these structures. Only six
rules mention the setting up of special RTE
cells in the SCPCRs and REPAs and where
these exist, there are issues of adequate
staffing and financial outlays. In the absence
of effective support systems, it is unclear
what outputs can be delivered by these
structures once set up. At the same time, the
modalities of movement of complaints and
indeed administrative action itself, is unclear
at tiers intermediate between the SMC/LA
and the SCPCR/REPA. Administrative redress
mechanisms need to be laid down to facilitate
the process. While a degree of detailing of
some of these questions has been done under

55

specific state circulars and an advisory on

the issue has been issued by MHRD, the roll
out of these provisions has been particularly
lackluster. Greater focus on institutionalizing
grievance redress mechanisms is needed.
Definitional issues of out of school children
and detailing of implication for their special
training.
A critical issue of concern is the absence of
a clear definition backed by a reliable figure
of out of school children in India. The problem
persists in a majority of states. The mention of
attendance criteria in four states is a step in
the right direction and needs to be emulated in
others.
Inadequate attention the implementation in
and regulation of private providers.
The RTE Act is expected to serve as an
umbrella legislation that holds for both
government and private schools. However,
its application to the private sector remains
weak. This is a critical omission given that by
conservative estimates a fifth of all schools
are in the private sector and that the extent of
private schools is on the increase. At the same
time, the reality of middle class flight from
government schools (other than the special
schools variety) has lead to deterioration in
their quality. If common ground is to be found
between middle class and poor parents, the
question of the functioning and inclusion in
private schools cannot be ignored forever.
Regulation of private providers. Most of
the states have avoided the question
of operationalization of the mass of RTE
provisions to private schools. Thus, only
Maharashtra and Tamil Nadu look into the
modalities of the formation of the SMC in the
aided schools. The rules are largely silent on
the issue of working conditions of teachers
in private (especially unaided) schools.
The RTE Acts setting up of universal
standards for all schools was expected
to lead to the setting up of an enabling
frame for all schools to obtain recognition
through the setting up of a rational system
of regulation and recognition. Many
states, however, have just retained the
existing mechanisms or laid down highly
bureaucratic procedures.

56

The reliance on private providers for

undertaking core functions is evident in
some states. The mention of PPP in the rules
is a sign of this, and marks the extent to
which the states try to avoid responsibility.
One example is Gujarat with its mention of
PPP for material development in textbooks
and the intention to set up mechanisms for
mass standardized testing of students.
Greater focus on the issues pertaining to the
regulation of the private sector in elementary
education is needed. Thus, within the RTE
frame while several states have brought
out separate operational guidelines for
implementation of 25% reservation in private
schools, the larger issue of regulation has
been relatively neglected. Approaching the
issue of RTE implementation, there is a need
for detailed operational guidelines on this
issue. These should look at the existing
experiences of regulatory failure of private
schools in several states and learn from the
experiences. An augmentation of the school
inspector cadre- enabling the inspector to
play a more meaningful supportive role would
be required. Current workloads and ways of
working in the government supervisory cadres
are not amendable to the creation of a rational
regulation system.
Continued inadequate attention to the issues
of teachers.
The present RTE Act was expected to play a
critical role in the setting up of mechanisms
for formalization of the teaching profession.
However, this does not appear to be
happening. The fact that so many states have
omitted the statement of intent to ensure
provision of working condition in a manner
to maintain permanent teacher cadres is
unfortunate. So is the fairly large number of
states that omit mentioning the intent of
the government to set up adequate teacher
training institutions and enhance its own
capacity to ensure availability of adequate
numbers of teachers. The serious intent to
address long pending issues regarding the
teaching profession appears to be missing
in a large number of states. Another critical
issue for the future is the fact that 12 states
omit the clause of parity of working conditions
of special training teachers. The concern is
that this would translate into the continuation

of two tiers of teachers in some of these

states. Continued lack of recognition of the
professional agency of teachers is likely to
result in continued poor quality of the learning
environment in schools. Immediate steps to
augment teacher training systems in states
in line with stated national policy positions
and a process to institutionalize the formation
of teacher cadres in states must be taken.
Parateachers should no longer be hired and
the those already hired should trained.
Issue of inclusion: not really mainstreamed
A large number of states have to a greater
or lesser extent adhered to the provisions of
the parent Act on the provision of inclusion.
However, a corollary of this is that these
provisions have also not been expanded. Four
states omit clauses pertaining to entitlements
to children with disability. A roughly equal
number omits clauses pertaining to non
discrimination in classrooms. Few states
mention provision for child labour and migrant
children in the rules. Andhra Pradesh is alone
in mentioning educational needs of children in
conflict areas in their state rules. State rules
need to be adapted to address issues and
concerns of specific marginalized groups in
each state.

57

Appendix I: Roles of the SMC

Some provisions from the Assam state rules:
The SMC shall try to improve the learning achievement level of the children by (i) taking up microplanning, school mapping and optimum utilization of locally available resources, (ii) ensuring that
the school functions as per the approved academic calendar and (iii) paying special attention to the
children of disadvantaged group and weaker section of the society.
Attendance monitoring of teaching and non-teaching staff:

Absentee statement: The SMC shall monitor the attendance of the teaching and the nonteaching staff of the school and approve their monthly absentee statement. Since salary of
the teachers and non-teaching staff of the school shall be disbursed on the strength of the
absentee statement approved by the SMC, the SMC must meet one day before the last working
day of the month to consider and approve the absentee statement of the teachers and the non
teaching staff of the school. A resolution to this effect shall be adopted in the prescribed pro
forma indicating the dates on which the teacher/non-teaching staff was absent, come late or
left early.

Checking attendance register: The SMC shall have the 'power to check the attendance register
of the teachers, non-teaching staff as well as the students and put remarks in the registers
concerned.

Application for casual leave: Application for casual leave of the teachers or non-teaching staff of
the school should not be accepted by Deputy Inspector of Schools/Block Elementary Education
Officer unless it has been endorsed by the president of the SMC concerned.

Reporting to the higher authority: The SMC shall have the power to report to the competent
authority by a resolution adopted by minimum of fifty per cent (50%) members of the committee,
if a teacher is found not to be following the child centric and activity based teaching learning
processes and the government instruction (s) regarding various academic activities. The
Authority concerned shall be duty bound to take cognizance of the report and take necessary
action against the teacher concerned with intimation to the SMC.

Appendix II: Additional criteria for recognition of private schools

under RTE
West Bengal maintains that the applicant school shall
i)

Be located in a relatively noise free and pollution free area, having adequate supply of drinking
water and electricity;

ii)

Have a building usable in all weathers and the plan of the building sanctioned by the Gram
Pradhan of the Gram Panchayat, in case of rural areas and by the Chairman of the Municipality or
Mayor of the Municipal Corporation in case of urban area;

iii)

Have playground for the students;

iv)

Have a barrier free access as mentioned in the Schedule of the Act;

v)

Have class rooms of an area minimum 400 sq ft. (25 ft X 16 ft) each which is comfortable and
suitable for Imparting lesson and of not less than the number of class units;

vi)

Have good quality of separate lavatory for students and teachers and good quality of separate
lavatory for girls students, if it is a co-educational school;

vii)

Have a girls common room, if it is a girls or co-educational school;

viii) Have a teachers room;

58

ix)

Have adequate furniture so that students do not have seat more than three in a bench;

x)

Have a library with sufficient number of books (not less than 500) on literature and other
subjects but excluding text books or notes thereon;

xi)

Have students' admission procedure and fees structure duly published by the School
Management Committee;

xii)

Have arrangement for periodical medical check-up of students and records thereof;

xiii)

Comply with the rules and regulations and satisfy the minimum qualification norms set by the
National Commission for Teachers' Education to the teachers' recruitment for the satisfaction of
the recognizing authority;

xiv)

Have recruited teachers as per the staff pattern and qualifications specified by the State govt.
or the Board with which it is affiliated whichever is higher;

xv)

Have a duly published service rules and leave rules for the teaching and non-teaching staff;

xvi)

Follow the provisions relating to disciplinary proceedings in the manner as may be directed by
the Board;

xvii) Have a determined the pay structure of its teaching and non-teaching in such a manner as may
be directed by the State Govt.;
xviii) Have provisions for contributory provident fund and gratuity to the teaching and non-teaching
staff;
xix)

Have a fees structure for the students which cannot be enhanced without the prior permission
of the state govt.;

xx)

Have a building separate staircases for entrance and emergency exit;

xxi)

have sufficient fire safety equipments and have trained person among the staff for using the
fire safety equipments;

xxii) Pay respect to the Indian Constitution and observe the National Anthem, National Flag and
National Emblem and National Integration.
Gujarat
c)

Every room used or proposed to be used, as classroom shall have minimum carpet area
equivalent to 8 square feet for every student plus 60 square feet additional area for teaching.

d)

Subject to condition prescribed in clause (c), the carpet area of classrooms should not be less
than 300 sq. ft provided that if one or more classrooms have carpet area less than 300 square
feet. The student teacher ratio of the school shall not exceed the ratio formulated on the following
formulae: Student-teacher ratio= (Area of smallest classroom in square feet- sixty eight).

Kerala
(d)

the school complies with the provisions in the Kerala Education Act and Rules issued there
under relating to area, location and accommodation;

(e)

Malayalam is taught as a compulsory language in all classes;

(h)

the school provides barrier-free access and adapted toilets for children with disabilities;

(i)

the bio-metric identification details along with the Unique Identification Number of each child is
maintained in the school;

(k)

the school does not run any unrecognized classes within the premises of the school or outside,
in the same name of the school;

Maharashtra
(8) The schools shall be recognized or granted permission if they conform to the required norms
standard prescribed in Schedule and conditions mentioned in sub-rule (1) only in those places
where it is found to be an actual need, on the basis of school mapping.
9)

Non-Govt. organizations and other institutions shall be encouraged to participate in improving

the quality of infrastructure and quality of education in schools run by local authority.

10) Comprehensive system of evaluation for teachers and schools shall be implemented. The
evaluation may be done by various ways like self evaluation, peer evaluation, etc. External
evaluation shall also be conducted periodically after such time and time elapsed between two
such evaluation shall not exceed more than 3 years.

59

Appendix III: Additional modalities of recognition of private schools

under RTE
Gujarat: Standardized testing as additional criteria for recognition and de-recognition
Gujarat has mandated a fairly elaborate process, including reliance on standardizing testing as
a criterion for recognition. In case where existing recognized schools are not able to fulfill norms
regarding infrastructure due to physical limitations, relaxation may have to be given to such schools
to protect the education rights of children. Such relaxation may be given only to those schools who
achieve a certain level of learning outcomes as specified in the table below. This would entail a
mechanism for such testing to be undertaken. One of the provisions is the creation of a committee
officers or an independent body appointed by the Competent Authority consisting of 3 members to
conduct on-site inspection of schools within three months of receipt of the self -declaration form
and submit its report to the Competent Authority indicating whether the school fulfils the norms
for recognition. For every 30-40 schools, one such committee shall be constituted. Schools that do
not conform to the norms, standards specified may by paying a fee of Rs. 5000/- for second on-site
inspection for the purpose of granting recognition. Those schools that do not meet the criteria laid
down will be assessed in the subsequent years as against the 4 year interval for schools who meet the
recognition criteria
Sr.
No.

Requirment in Schools

Description

Weightage

1.

Student learning
outcomes (absolute
levels)

Using standardized tests, student learning levels focussing on

learning (not just rote) shall be measured through an independent
assessment.

30%

2.

Student learning
outcomes
(improvement
compared to the
schools past
performance)

This component is introduced to ensure that schools do not

show a better result in (1) simply by not admitting weak students.
The effect of school performance looking good somply because
of students coming from well-to-do backgrounds is also
automatically addressed by this measure. Only in the first year,
this measure shall not be available and the weightage shall be
distributed among the other parameters

40%

3.

Inputs (includeing
facilities, teacher
qualifications)

Norms and Standards of Schools as specified in the Schedule of

the Act

15%

4.

Student non-academic
outcomes (cocurricular and sports,
personality and values)
and parent feedback

Student outcomes in non-academic areas as well as feedback

from a random sample of parents shall be used to determine this
parameter. Standardised survey tools giving weightage to cultural
activities, sports, art shall be developed. The parent feedback
shall cover a random sample of at least 20 parents across classes
and be complied.

15%

100%

There are some issues with this provision.

1. Violation of the Parent Act which lays down with a set of indicators as a basis for recognition.
These existing provisions are being given only 15% weigh in the new framework.
2. Almost 70% weight is being given to the standardized student learning assessment. This goes
against both the National Curriculum Framework (NCF) that forms the basis for the curriculum
under the parent Act. Indeed, the NCF speaks of the end of formal testing, the introduction of
constructivism and the move towards continuous and comprehensive evaluation.
3. Given that the existence of the school is going to be dependent on the learning levels of children,
this amounts to the introduction of high stakes testing in schools. The negative impact of high
stakes testing on the teaching profession and indeed the learning of students themselves has
been documented in the past and this provision is clearly counter-productive.

60

4. The process for actually implement the process is fairly expensive (considering the current testing
rates in India and considering the international experience where similar experiments of testing
was introduced). This amounts to money used for actually improving learning levels being instead
spent on undertaking testing. As has been pointed out by educationists across the word, testing is
not teaching.
Punjab
(5) The schools, which do not conform to the norms, standards and conditions mentioned in sub-rule
(1), shall be listed by the District Education Officer by an order made to this effect, which shall
be notified in the Official Gazette. Such schools may remove 40 per cent of the deficiencies with
in a period of one year from the date of publication of the said order; and shall send intimation
to this effect to the District Education Officer. However, such schools shall have to remove the
deficiencies with in a period of three years positively from the date of commencement of these
rules.
(10) Any person, aggrieved by an order of refusal of the grant of recognition, may prefer an appeal to
the Director with in a period of thirty days from the date of receipt of the order of refusal.
(ll) The second appeal shall lie to the State Government against the order of the Director passed
under sub-rule (10).
West Bengal
The Director of School Education shall within 30 days from the date of submission of report by the
District Level Inspection Team place it before the State Level Committee on Recognition or Affliction of
Schools constituted by the State government for consideration for granting a No objection Certificate
in favour of the applicant school seeking affiliation under any Board located in West Bengal or outside,
as the case may be.
The State Level Committee shall meet at least once in every English Calendar month and shall dispose
of the applications along with the report of the District Inspection Team under sub rule (8) of the
preceding month of such English calendar month. While considering the applications along with the
report, the State Level Committee shall hear the applicant of his/her authorized representative as well
as the concerned District Inspector of Schools. If the Committee is of the opinion the applicant school
has compiled with requirements for recognition, it shall within 15 days from the date of the hearing,
recommend No Objection Certificate in favour of the applicant school seeking affiliation under any
Board located in West Bengal or outside. This shall be construed as the Certificate of Recognition for all
purposes.
However, if it feels that the school does not fulfill all conditions it shall provide further chance of 3
months to the school to make good the deficiency pointed out by the Committee. The decision shall be
communicated to the applicant school within 7 days from the date of hearing.
If the applicant school is able to make good the deficiency and communicates the same by a written
application to the District Inspector of Schools concerned within the said 3 months, the District
Level Inspection Team shall again inspect the school within 1 month from the date of such second
application and shall submit its report to the Director of School Education only on the points of
deficiency already noted by the State Level Committee within 15 days from the date of the 2nd
inspection and on receipt of such report and also after give hearing to the applicant school and the
concerned District Inspector of Schools and may recommend No objection Certificate in favour of the
applicant school seeking affiliation under any. In case the Committee is feels that the school still does
not fulfill the criteria it may reject the case.
In case the applicant school fails to comply with all the conditions and requirements for recognition
as laid down in the Form to Schedule I within three months from the date of first order of the State
Level Committee, the State Level Committee shall reject the application of the applicant school and
its processing fee deposited shall be forfeited. An applicant school may make an appeal to the state
government against the decision of the state level committee within two weeks from the date of such
decision and the state govt. shall convey its decision upon considering the grievance of the applicant
within three months thereof.

61

All schools granted a certificate of recognition by way of No objection Certificate shall display a copy
of such certificate at a conspicuous place in the school all the time
In case of existing schools, the District Inspector of Schools concerned may, in consultation with
the REPA request the local municipal authorities to provide the applicant school with infrastructural
support including relaxation of building rules, if necessary and earmarking a public park or playground
to be used by the students of the applicant school during specified hours for sports and other outdoor
activities, in order to enable the applicant school to comply with requirements of the Act.
Kerala: Some other miscellaneous provisions
The government and the local authority shall:
Provide emotional and psychological counseling for all children by professionals in co-ordination
with government departments like health and social welfare;
Ensure that the medium of instruction is as far as practicable, in Malayalam or in the mother tongue:
Provided that English as a subject shall be introduced from Class 1 onwards;
The government and the local authority shall ensure that the conduct of classes in thatched
buildings is discontinued within one year from the appointed date.
The government and the local authority shall provide adequate funds as grants for the
implementation of the School Development Plan, submitted by the School Management Committee
as provided under sub-clause (2) of Section 22.
The government and the local authority shall enhance the manpower and infrastructure facilities in
the office of the Assistant Educational Officer so as to enable such officer to effectively discharge
his duties under the Act.
The government and local authorities shall ensure that:
1. no child shall be harassed physically or mentally while transporting the children to and from
school by conveyance arranged by the school authorities;
2. the vehicle shall not be overcrowded by pupils or unfit for transport;
3. No vehicle shall be used or driven in violation of the provisions of Motor Vehicles Act and Rules
thereunder.

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Appendix IV: Setting up of state-wide standardized testing

machinery in the state
Emphasis on learning outcomes: Several states have mentioned the role of the academic authority
for measurement of learning outcomes. Gujarat, Tamil Nadu, Kerala, Uttarakhand and Uttar Pradesh
are some examples of states that have made specific mention of learning outcomes as a basis of
school assessment. What is striking about Gujarat, however, is the detail to which the single strand
of learning outcomes on a few indicators have been given weightage over and above the remaining
indicators.
The state SCERT is expected to develop a curriculum and evaluation procedure. The result of various
evaluations shall be used to know the progress and development of the students and performance of
teachers. Given that the rules do not specify what impact on career and other progression this testing
will have, it is unclear whether this testing is going to be high or low stakes testing. However, given
the experience of mass scale testing has on the teacher profession in the west (without bringing any
improvement in learning outcomes), it is unfortunate that a failed policy is being replicated here.
The SCERT is expected to define the learning outcomes to be achieved by the children at the end of
each grade and for every subject and approve State text books or learning materials and teachers
training materials based on these outcomes. The GCERT is expected to devise special trainingeducation programmes for these children, based upon test reports, who have not been able to reach
the expected learning levels. Teachers through inputs provided in in-service training shall implement
these programmes. The mechanisms whereby this is going to happen are unclear.
Furthermore, periodic assessments of the quality of education in terms of learning outcomes
are expected to be done to produce a report. The Government shall also set up an independent
organization or wing, to undertake periodic assessments of the quality of education and produce a
report about the School Education Quality Status in School of Gujarat State. The Government shall
make arrangement to periodically grade every elementary school in the state on a point scale on a
set of quality parameters, including co- and extra-curricular activities, and improvements shown over
years. It is unclear where the extra costs for undertaking unproductive mass scale testing are going to
be met from.
In addition, as discussed in the section on the regulation of private schools, the basis of recognition of
private schools has been altered from the provisions of the parent Act to include learning outcomes as
ascertained through testing using standardized tests . Agencies for such testing shall be identified as
per the state rules.

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Appendix V: Details of the 25% Quota

AP
(a) Disadvantaged groups
(Plain Areas)
Orphans, HIV affected and
disabled = 5%
SC = 10%
ST = 4%
(b) Weaker sections which
includes others viz., BC,
Minorities, OCs (whose
annual income does not
exceed Rs. 60,000/- per
annum) = 6%
Total = 25%
Where orphans, HIV
affected and disabled are
not available or available
only to a certain extent
such vacancies will be
filled by STs and SCs. After
exhausting all applications
for admission of Orphans,
HIV affected and disabled,
SC and ST if any seats
remain unfilled such
seats will be added to
the percentage of weaker
sections.

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Haryana
5% seats for
children of
Scheduled
Castes 4%
seats for
children of
Backward
Classes (A)
and 2.5% for
children of
Backward
Classes (B)
category
shall be
reserved
for weaker
sections and
disadvantaged group.

Tripura
(4) Admissions
shall be made in
such a manner
that there is
proportionate
representation
of the children
belonging
to weaker
sections and
disadvantaged
groups as
may be the
population of
the neighbourhood.

Kerala
While filling
up the seats
in Class I the
admission of
children from
disadvantaged
groups and
from weaker
sections of the
neighbourhood
shall be in the
ratio of 1:1.
Provided that in
the absence of
students in any
one category,
such
shortage shall
be filled up
from children
from the other
category.

Karnataka
The
government
shall
notify the
percentage
of allocation
across
various
categories.

Appendix vi: Provisions for grievance redress under RTE state rules
Rajasthan
Grievance redress for children/ parents:
1) Any grievances arising out of non-compliance or violation of the provisions of the Act shall be made
directly to the Chairperson of the SMC.
2) The SMC shall make an arrangement to register every grievance received from the children/
guardian/ parents.
3) The Chairperson of the SMC shall take up the issues raised in the complaint in the regular meetings
of the SMC and shall take appropriate actions thereupon: Provided that an emergency meeting may
also be called depending upon the gravity of the case.
4) The applicant shall also be called in the meeting of the SMC and shall be given personal hearing.
5) The SMC may also call and give a persona hearing to the person against whom the complaint is
received.
6) After giving proper hearing to both the parties the SMC shall take appropriate action if it is to be
taken at its level or otherwise it shall refer the matter to the concerned appropriate authority for
further appropriate action.
7) The appropriate authority shall take proper action and inform the applicant within a period not
exceeding three months.
8) If the applicant is not satisfied by the actions taken as mentioned in sub-rule 6 & 7, he/she may
approach the Rajasthan State Commission for Protection of Child Rights/ National Commission for
Protection of Child Rights.
Uttarakhand
District Education Officer and shall provide a copy to the related School Management Committee
within a month of the complaint. The DEO shall decide the matter within a period of two months and
shall inform accordingly to the related School Management Committee. If the charges laid down
against the teacher are found proper, the disciplinary action in accordance to the service rules shall
be taken by the District Education Officer. If the School Management Committee is not satisfied by
the inquiry of deputy Block Education Officer/Block Education Officer then it may make an appeal
through Chairperson of the Executive Council, to the District Education Officer or State Commission for
the Protection of Child Right (SCPCR) constituted for the effective implementation of Right of Children
to Free and Compulsory Education Act, 2009 by the approval of at least 30 per cent members of the
Executive Council;
Uttar Pradesh
Initially a complaint shall be made to the Village Education Committee/Ward Education Committee
through its member secretary. After decision of VEC/WEC appeal may be made to the block Assistant
Basic Shiksha Adhikary/Nagar Shiksha Adhikary, as the case may be. Second appeal may be made to
the Zila Panchayat under section 10 for matter related to rural areas or Municipality under section 10A
for matter related to urban area of the Uttar Pradesh Basic Education Act 1972. All complaints shall
be monitored by Uttar Pradesh Basic Shiksha Parishad through transparent and prompt action on line
mechanism.

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