25% Free Admission Reservation Analysis of Maharashtra Rules Admission and Selection Procedures...
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25% Free Admission Reservation Analysis of Maharashtra Rules Admission and Selection Procedures Entitlements of Admitted Children Suggested Revisions and the Way Forward Dr. John Kurrien Action For Rights Of The Child (ARC) Pune August 2013
25% Free Admission Reservation Analysis of Maharashtra Rules Admission and Selection Procedures Entitlements of Admitted Children Suggested Revisions and
25% Free Admission Reservation Analysis of Maharashtra Rules
Admission and Selection Procedures Entitlements of Admitted
Children Suggested Revisions and the Way Forward Dr. John Kurrien
Action For Rights Of The Child (ARC) Pune August 2013
Slide 2
RTE Act and Provision for 25% Free Admission in Schools A
school 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 per cent, of the strength of that class, children
belonging to weaker section and disadvantaged group in the
neighbourbood and provide free and compulsory elementary education
till its completion: Provided further that where a school specified
in clauses (n) of section 2 imparts pre-school education, the
provision of clauses (a) to (c) shall apply for admission to such
pre-school education
Slide 3
Main Issues in 25% Free Admission in Schools in Maharashtra Who
are the eligible children? Which types of schools must reserve 25%
free admission or more? Admission and selection procedures
Entitlements of admitted children The way forward suggested
steps
Slide 4
Two Categories of Children Eligible in National RTE Act and
Amendment Disadvantaged Group Children from SC and ST, children
with disability specified in 2012 Amendment, and any other
disadvantaged group specified by the State Government Weaker
Section as defined by income definition provided by State
government Both categories of children- from disadvantaged groups
and weaker sections - are eligible for 25% free admissions. States
to prescribe the specific eligibility rules for both
categories.
Slide 5
Eligible Children for 25% Free Admissions in Maharashtra State
Rules Disadvantaged Groups Children belonging to Scheduled
Castes(SC) and Scheduled Tribes(ST) Children with disability as
specified in Sections 3 and 4 of the 2012 Amended Act Weaker
Sections Children belonging to VJNT, OBC, SBC, and religious
Minorities specified by State Government, and annual income of
whose parent or guardian is below one lakh rupees
Slide 6
Lack of Clarity in Maharashtra 25 % Reservations Rules 1. In
definition of weaker sections, it is unclear whether child is
eligible: If parent earns less than 1 lakh,but is not
VJNT/OBC,etc.., If parent is VJNT/OBC.etc.., but is a crorepati
Only if parent is VJNT/OBC and also earns less than 1 lakh 2.Who
belongs to Religious Minorities? Is there a Maharashtra State
Government list ? Need to specify. 3. Is income level of Rs1 lakh
only of one parent/guardian ? Delhi Rules, for example, state that
the combined income of parents from all sources should be less than
Rs.1 lakh
Slide 7
Difficulties in Implementing Preference for Girls as Stated in
Maharashtra 25% Free Admission Rules 1.Giving girls preference,
provides no implementation guidelines 2. After a lottery for
selecting students from a pool, if girls are in a tiny minority,
should selected boys be excluded to make way for girls who did not
appear in the final list? 3. Should preference mean that the final
list of selected students always has to have a majority of
girls?
Slide 8
Suggestions of Categories to Constitute Pool of Children
Eligible in Maharashtra for 25% Free Admissions 1. Disadvantaged -
SC,ST and children with disability 2. Weaker Section -Child whose
both parents or guardian has annual income of below 1 lakh rupees
from all sources There is no ambiguity or lack of clarity in the
above two categories -disadvantaged groups and weaker sections.
Students should be selected by lottery from this combined pool of
eligible children. No preference to be given to girls as this
cannot be implemented.
Slide 9
Clarification on Schools Exempt under Maharashtra Rules from 25
% Admissions
Slide 10
Schools Exempt from 25% Provision Unaided minority schools
Madrassas, Vedic Pathsalas and Educational Institutions primarily
imparting religious instruction The Maharashtra State Rules
specifies that all other schools in the state are not exempt from
the 25% provision
Slide 11
Suggestions Additional Exemption to be Incorporated in
Maharashtra Rules For boarding/residential schools, the 25% rule
does not apply to schools admitting students higher than Class 1.
Also rule applies only to day scholars, and not boarders, in these
schools. This is based on guideline of MHRD, who were asked by the
Supreme Court to clarify this issue.
Slide 12
Rationale for Clarifications on Minority unaided Schools and
25% Free Admissions The 2012 Supreme Court judgment exempted
minority unaided schools from the provisions of the Act itself.
Since then, many unaided schools in Maharashtra and elsewhere have
been attempting to get minority status through all kinds of
questionable means. Lack of clarity on what constitutes minority
schools and related issues.
Slide 13
Clarifications that are Required on Minority Unaided Schools
and 25% Free Admissions What constitutes a minority school? Can it
be different in Maharashtra from other states? What is the role of
the National Commission for Minority Educational Institutions in
certifying a minority school? Which government institution in
Maharashtra certifies minority status? On what basis? Does the
Department of Education/SSA have an updated list of minority aided
and unaided schools?
Slide 14
Further Clarifications Required in Maharashtra Rules on
Minority Schools in Maharashtra that Receive Some Government
Assistance Does 25% rule apply also to minority schools who have
got concessions by way of land, subsides on electricity, etc., but
not teacher and administration salaries? Does this make them
minority-aided schools? Does the smallest government subsidy to a
minority school make for a minority-aided school that has to
provide 25% free admissions?
Slide 15
Admission and Selection Procedures
Slide 16
Current Admission and Selection Procedures for Implementing the
25% Provision based on Individual School-Based Process Current
process in Maharashtra in which individual schools are entrusted
with both admission and selection procedures from provision of
admission forms to selection by lottery.
Slide 17
The Disadvantages of the Individual School-based Admission
Process Experience in Maharashtra and elsewhere indicates that :
Many parents are unaware of which school they can apply to, or are
intimidated by the process. Some parents apply to a number of
schools to maximise their chance of getting their child into one
school. Spend considerable number of days in this process-loss of
income for daily wage earners Spend additional time as private
schools are uncooperative, obstructionist and demand money, and
unnecessary documents like proximity certificates
Slide 18
The Disadvantages of the Individual School-based Admissions
Process Experience in Maharashtra and elsewhere indicates that :
Many private schools are refusing admissions in their preprimary
sections, levying all kinds of illegal charges and fees, and
refusing to admit children under the 25% reservations using a
variety of means Corruption has already entered in the process at
the school- level, and can only go up as the number of applicants
increase Principals and management are being pressurised to admit
ineligible students Private schools do not have the manpower or
expertise to deal with admission forms, caste and income documents,
or proximity of residence to school
Slide 19
Suggested Option Centralised Admissions and Selection Process
Centralised admissions and selection procedures where the entire
process is carried out by the local/state education department. The
basic features of this scheme provided in the next slide has been
outlined first by Parth Shah and Shekhar Mittal, Centre For Civil
Society
Slide 20
Some Features of Centralised Admissions Process 1. A public
lottery in one hall on a specified date attended by media, parents
and education officials. 2.Two lotteries to be conducted preferably
on same day. 3. First school level lottery for students who had
given the school as preference. 4. Student level lottery for
students not selected, and given a rank for schools 5. The final
25% reserved school wise list to be published by local /state
education department
Slide 21
The Advantages of the Centralised Admissions Option 1. Parents
would welcome it - cheaper, less corrupt, less frustrating and
time-consuming 2. Most schools would welcome this administrative
burden removed from their hands, as well as interference from
outsiders using any means to admit their candidates 3. Local
education departments more capable of dealing with income and caste
documents 4. Maharashtra Government has experience of dealing with
student choice for admissions into junior college
Slide 22
Residence Location Criteria for 25% Free Admissions
Slide 23
Why Residence Location Criterion of 1 Km and 3 kms for Extended
Neighbourhood Should be Replaced in Maharashtra Rules One km for
primary school and 3 kms for upper primary schools, as stated in
the Maharashtra Rules, is a norm for the provision of neighbourhood
school. It was conceived of decades ago focusing on rural schools.
It should not be used also as the criterion for selecting the 25%
category of students Limits choice of poor urban or rural parents -
schools of choice are often not located near slums or small
villages Urban students, and many rural students avail of public
and other systems of transport to attend schools.
Slide 24
Why Residence Location Criterion of 1 Km and the Extended
Neighbourhood of 3kms Should be Replaced in Maharashtra Rules An
important reason is that both the 1 km and 3kms distance from
residence to school is a criterion impossible to verify for large
numbers of urban students This can become an administrative
nightmare and another potential source for corruption when large
numbers of houses have to be traced and residence proximity has to
be verified. This problem of verifying residence has already become
an issue in Nagpur.
Slide 25
Three Options For Residence Location Criterion The least
desirable option is to extend the location criterion beyond 1 km
and 3kms The second option is to use distance criterion and
pincodes The best option is to not have any distance criterion at
all
Slide 26
Least Desirable - Extending the I km and 3 kms Extended
Neighbourhood Location Criterion The Maharashtra Rules can follow
the the Delhi Rules which states that only if candidates are: Not
found within one km, distance can be extended to 3 km. Not found
within 3km, distance can be extended to 6 km. Not found within 6km,
distance can be extended beyond While this Delhi option may help
poor children from slums to access schools, it does not solve the
practical problems of verification and certification of residence
location from schools.
Slide 27
Pincodes are the only reliable way of knowing in which area of
the city, are both residence of eligible students and schools
located City to be divided into 3 or more large geographical areas
to implement this scheme A number of adjacent pincode zones make up
one of these larger urban areas. Students living in this area are
eligible to apply for schools located in the same area. Proof of
residence location from school is the pincode of residence- a
document easy to provide Using Pincodes to Locate Schools and
Catchment Areas
Slide 28
Merits of Pincode Scheme for Locating Schools and Residence
This method improves choice of selection as it increases distance
criterion It simplifies verification of residence details. While
distance between school and residence is no longer a criterion, it
is not totally dispensed with.
Slide 29
, Best Option - No Distance Criterion for Residence Location
Administratively easy to implement - no corruption Gives maximum
choice for poor parents to select schools As all middle class
parents do, they will have to decide how far they want their
children to travel to school, and its costs in terms of finances
and other practical considerations.
Slide 30
Centralised Admissions and Selection - The Way Forward
Whichever location criterion is selected, there is a need to begin
with introducing centralised admissions in Maharashtra for the
academic year 2013-2014 This should first be piloted in one or two
cities like Pune and Nagpur before implementing it at any larger
level.
Slide 31
Entitlements of 25% Reserved Category Students
Slide 32
What does Free Mean according to Maharashtra Rules The
Maharashtra Rules states that textbooks, writing materials and
uniforms should be provided free to the 25% reserved group in
government-aided, specified and private unaided schools Disabled
children to be also provided free special learning and support
material No tuition fee, registration fee, donation, deposit, form
/ prospectus and any other school charges permissible Reserves the
right for government to add to student entitlements.
Slide 33
Provision of 25% Entitlements in Actual Practice Schools vary
in providing entitlements like free textbooks, uniforms, writing
materials Parents are forced to buy things that their children are
entitled to be provided by schools. Schools are also charging
various illegal fees Neither schools and parents, and often
education officials, know exactly what should be provided free and
in what quantity.
Slide 34
Need to Review Content of Free List and also Specify what does
Free Mean for 25% Provision Need to see whether some additional
items such as workbooks, etc. need to be added Need to provide a
revised list of entitlements which clearly specify what is to be
provided free, and in what quantity. Important for parents and
schools to understand their financial liabilities, and plan
accordingly This list should be made widely available to schools,
parents and education officials
Slide 35
The Way Forward
Slide 36
The Way Forward Two Major Steps Preparation of Comprehensive
Manual on implementing the 25% Free Provision Preparation of Plan
for smooth implementation of 25% Free Provision in the new academic
year, 2013-14.
Slide 37
Need for Comprehensive Manual on 25% Provision Manual should
contain all information that is required by education officials,
schools and parents including Who are the eligible children? Which
types of schools must reserve 25% free admission? Clarifications on
minority status, and a list of minority aided schools Admission and
selection procedures, and relevant documents Entitlements of
admitted children Grievance Redressal Mechanisms Manual in Marathi
and English to be published by MPSP or SCERT and widely
distributed
Slide 38
Preparation of 25% Provision Manual Need for a very small group
of knowledgeable people in and outside government to draft the
manual Draft to be discussed in a larger meeting of govt.
officials, school and NGO representatives Final draft to be
circulated to public for comments Manual in Marathi and English to
be made available in hard and soft copies widely
Slide 39
25% Reservation Plan for Academic Year 2013-14 A small group of
5-10 people conversant with the RTE Act and implementation issues
to discuss the 25% Reservations proposals in this presentation, and
other views and recommendations, to meet immediately, and prepare
recommendations A larger meeting to discuss recommendations of
smaller group, and come out with a draft plan/ proposals. Meetings
with Government officials, NGOs, school representatives and parent
bodies to discuss draft plan A meeting finalising how the 25%
Reservation plan will be implemented in 2013-2014
