Whereas, the Government of India has enacted
The Right of Children to Free and Compulsory Education Act, 2009, (35 of 2009),
(hereinafter called 'the Act'), Amendment Act 2012, (30 of 2012) and Government
of Maharashtra has framed Maharashtra Right of Children to Free and Compulsory
Education Rules, 2011 there under and; Whereas, section 3 provides that " every
child of the age of six to fourteen years shall have a right to free and
compulsory education in a neighbourhood school till completion of elementary
education, and............)" Whereas, section 12 (1) (c) of the Act
provides that "schools specified in sub clauses (iii) and (iv) of clause
(n) of section 2 shall admit in class I, to the extent of at least twenty five
percent 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 provisions
of clauses (a) to ((c) shall apply for admission to such pre-school
...........)" In pursuance to above, Government of
Maharashtra considers it expedient to provide for procedure for admission in
class I or Pre-school for at least 25% of the strength of that class at the
entry level for the children belonging to disadvantaged group and weaker
section and for matters incidental thereto; and Therefore now, Government of Maharashtra, in
exercise of the powers conferred by subsection (1) and (2) of section 38 read
with clause (d) and (e) of section 2 and clause (f) of section 8, of the Right
of Children to Free and Compulsory Education Act, 2009 (35 of 2009) and of all
other powers enabling it in that behalf, hereby makes the following rules: These rules may be called the "
Maharashtra Right of Children to Free and Compulsory Education (Manner of
admission of Minimum 25% children in Class I or Pre-school at the entry level
for the children belonging to disadvantaged group and weaker section) Rules
2013": 1.1 They shall apply
to all schools in the State covered by Section 2(n) (iii) and (iv) as specified
in section 12 (1) (c) of Right of Children to Free and Compulsory Education Act
2009 and Amendment Act, 2012 (30 of 2012) imparting education of class I or
Pre-school at the entry level from the Academic year 2013-14 except following: (a)
Unaided
minority schools; and (b)
Madrasas,
Vedic Pathsalas and Educational Institutions primarily imparting religious
instruction. As per the Act but for the following : (a)
"Act"
means the Right of Children to Free and Compulsory Education Act, 2009 (35 of
2009); and Right of Children to Free and Compulsory Education (Amendment) Act,
2012 (30 of 2012) (b)
"child
belonging to disadvantaged group" means, a child belonging to, (i)
the
Scheduled Caste, the Schedule Tribe; and (ii)
Child
with disability; defined in section 3 and 4 of Amended Act, 2012. (c)
"child
belonging to weaker section" means a child including a child belonging to
the VimuktaJatis and Nomadic Tribes(VJNT), Other Backward Classes (OBC) and
Special Backward Classes (SBC) and the religious Minorities specified by the
State Government, annual income of whose parent or guardian is below one lakh
rupees; (d)
"Education
Officer" means District Education Officer (Primary) of the concerned Zilla
Parishad, in respect of all the schools in the State except Greater Mumbai
Municipal Corporation area and concerned Education Inspector in respect of
Schools in Greater Mumbai Municipal Corporation Areas; (e)
"Elementary
Education" means the education from first class to eight classes. (1st to
5th lower primary and 6th to 8th upper primary); (f)
Admission
Committee (for giving effect to at least 25% admission) headed by the principal
of the concerned school consisting of : one representative of parents from the
School Management Committee; one nominee of the management of the school; and
one nominee of the Education Officer; (g)
"Form"
means the form appended to these rules. 3.1 Every school shall publish a notice (Form-I)
accessible to the public, well before the start of the admission process of the
concerned academic session for giving effect to above mentioned at least 25%
admission at the entry level. This shall include: (i)
Total
number of seats available in class I or pre-school at the entry level in the
school; (ii)
Seats
available out of (i) above for disadvantaged group and weaker section (at least
25%); (iii)
Dates
(from-to) during which application forms will be issued to children belonging
to disadvantaged group and weaker section; (iv)
Dates
(from-to) during which application forms from children belonging to
disadvantaged group and weaker section shall be received/collected; (v)
Dates
on which Admission Committee shall meet to scrutinize the applications of
eligible children. (vi)
In
case of less eligible applications than the 25% seats, further dates for
publicity, additional time for children to apply, meeting of Admission
Committee etc. (vii)
In
case of eligible applications more than the 25% seats (meant for disadvantaged
group and weaker section) date for draw of lottery. (viii)
Dates
of publishing the lists of children selected for admission along with the
waiting list in the school. 3.2 Every school shall give wide publicity to the
above notice in the neighbourhood area through the appropriate means like loud
speaker, pamphlets, local T.V., website, public announcement (Dawandi) etc. 3.3 School shall make all efforts (like
publicity, house to house survey, checking the birth records of Municipal
authorities/Village Panchayats etc.) to identify the children belonging to
disadvantaged group and weaker section in the neighbourhood (upto 1 k.m.) area
of the school. In case sufficient children are not available within 1 k. m. in
spite of all the efforts and Admission Committee is satisfied, then the school
shall try to identify children from the extended neighborhood (upto 3 k. m.).
In any case seats meant for the children from disadvantaged group and weaker
section shall not be diverted to general candidate. 3.4 Schools
shall ensure that the entire process of admission is transparent, unbiased,
fair and equitable. Since law intends to provide admission to those children
who would otherwise have not got admission in the said school, schools shall
not try to show against these 25 percent children already admitted or who
otherwise would have got admission. 3.5 It shall be the responsibility of the school
to find out children of disadvantaged group and weaker section within the
neighbourhood and extended neighbourhood area of the school and ensure their
admission. 3.6 Preference will
be given to girl child while giving admission under these rules. Children seeking admission under these Rules
shall apply to the school of their choice in their neighbourhood in Form-II,
within the prescribed period that shall not be less than 15 days from the date
of publication of notice by the said school. School shall provide the application form to
all the children free of cost. Application form can also be downloaded from the
website www.mpsp.maharashtra.gov.in., Every application made by children seeking
admission must be accompanied with the suitable certificates as mentioned below
towards their claim for disadvantaged group and weaker section: (a)
Birth
Certificate. (b)
Income
certificate issued by the Revenue officer not below the rank of Tahsildar; (c)
Caste
certificate issued by concerned Sub Divisional Officer (Revenue) or Deputy
Collector, in the name of child or his parent; (d)
For
disabled children (CWSN) disability certificate issued by Civil
Surgeon/Superintendent of Government notified hospitals having disability more
than 40 percent; (e)
Proof
of residence. any one of the following in order of priority UID Aadhar Card, Passport, Election Photo
Identity Card, Electricity bill, Telephone bill, Water bill, a house tax
receipt, driving license issued by the competent authority in the name of the
parents/guardians. No registration fee including cost of the
prospectus, tuition fee or any other charges or fund shall be charged from the
parent or child admitted against the free seat. School shall issue individual receipts in
Form-III to acknowledge the applications. Reasons for rejecting an application shall be
recorded and communicated to the parents or guardian in writing within a period
of three days after the decision of Admission Committee. (a)
The
management of the school shall designate an officer not below the rank of Head
of the School or the Principal as responsible officer for admission process: provided that, if no such officer is
designated by the management, then the Chairman and the Secretary of the
management by whatever designation called, along with the Head of the School or
the Principal shall be jointly and severally responsible; (b)
No
screening procedure, that is to say, interview, counseling, written or oral
test of any kind of the parents or guardian or the child shall be conducted for
the purpose of admission; (c)
The
lottery process for admissions must be carried out in the presence of admission
committee, after which prescribed Form-IV shall be signed by the members of
admission committee jointly. This form shall be mandatory for reimbursement of
fees and must be submitted along with prescribed Form-V to the concerned
authorities; (d)
The
Education Officer or any officer authorized by him shall verify such admissions
and may call for detailed records etc., as the case may be; (e)
The
school referred to in clauses (iii) and (iv) of clause (n) of section 2 shall
ensure that children admitted in 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; (f)
The
school referred to in clause (iii) and (iv) of clause (n) of section 2 shall
ensure that children admitted in 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 Information Communication and Technology
(ICT) facilities, extra-curricular and sports etc; (g)
The
school shall provide any other information which may be required by the
Education Officer from time to time. Education Officer shall monitor the entire
admission process in his jurisdiction. (a)
Schools
shall provide free education to all children admitted under these rules till the
completion of their elementary education; (b)
Such
schools as provide admission as per these Rules shall only be eligible for
reimbursement of their expenses as per Section 12(2) of the Act. No other
reimbursement shall be eligible including admission in any pre-school classes; (c)
Schools
shall submit their claims for reimbursement (Form-V) to the concerned Education
Officer in two installments: (i)
1st
installment. After the start of the academic year (once
the admission procedure is over) but latest by September 30th. Claim for 1st
installment must be accompanied with a declaration by the school that (a) full,
proper, and transparent procedure (as per the Act and Rules) was followed in
the presence of the members of the Admission Committee including nominee of the
Education Officer, and (b) these children would have not got admission but for
the provisions of the Act; (ii)
2nd
installment: After the completion of the academic year say by 30th May. Claim
for the 2nd installment must be accompanied with a declaration from the school
that all children admitted under these Rules have completed the academic year
successfully and have been promoted and given admission to the next higher
class in the same school. (d)
Education
Officer on his satisfaction about the correctness of the information submitted
by the school and the fulfillment of the conditions of the Act and Rules there
under shall submit the claim of eligible amount for the eligible period as per
the Act etc. within one month of the receipt of the respective claims to the
Director of Education (Primary) for further action. (e)
Schools
not following due procedure laid down in these rules will not be eligible for
reimbursement besides other actions as per the Act. (f)
If
the claim for reimbursement is found to be fraudulent, incorrect, or improper
etc. police case will be registered against the school. (a)
Any
parent or guardian aggrieved by the action of the school may file a complaint
in writing to the Education Officer/State Commission for Protection of Child
Rights. (b)
The
Education Officer shall maintain the Register or database of the grievances and
shall take immediate appropriate action and communicate to the applicant within
eight days from receipt of the grievance.MAHARASHTRA RIGHT OF CHILDREN TO
FREE AND COMPULSORY EDUCATION (MANNER OF ADMISSION OF MINIMUM 25% CHILDREN IN
CLASS I OR PRE-SCHOOL AT THE ENTRY LEVEL FOR THE CHILDREN BELONGING TO
DISADVANTAGED GROUP AND WEAKER SECTION) RULES 2013
PREAMBLE