Guide to Admissions in Elementary Schools

How can this guide help you?

The objective of this guide is to provide actionable information on the admissions process in elementary schools in Karnataka under the Right of Children to Free and Compulsory Education Act, 2009. It aims to provide information on the admission cycle in elementary schools and help stakeholders navigate legal processes in case of any violation of their right to education, with specific focus on the rights of children with disabilities.

  1. This guide serves the following purposes:
  2. Provide information on the rights of children for parents of children studying in elementary schools
  3. Provide information to NGOs and CSOs working in the field of education to enable them to conduct awareness activities
  4. Provide a template for creating such a guide for other states Provide information on the duties and responsibilities of school administrators and teachers

This guide has been prepared by the Education Team at the Vidhi Centre for Legal Policy in collaboration with Nyaaya.

What are the laws discussed in this guide?

  1. Right of Children to Free and Compulsory Education Act, 2009
  2. Right of Children to Free and Compulsory Education Rules, 2010
  3. Karnataka Right of Children to Free and Compulsory Education Rules, 2012
  4. Rights of Persons with Disabilities Act, 2016
  5. Rights of Persons with Disabilities Rules, 2017
  6. Karnataka State Rights of Persons with Disabilities Rules, 2019

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My child is in a school and is getting education free of cost, but I need to transfer to another city. Will my child get free education in that city? What procedure should I follow?

A child may also seek transfer to another school for any reason whatsoever for completing his/her elementary education. Such transfers may be to any school, in any state in India, except for specific category schools and unaided private schools. The head-teacher or in-charge of the previous school shall immediately issue a transfer certificate, if the same is sought. If the head-teacher or in-charge of the school delays the issuance of a transfer certificate, he/she  shall be liable for disciplinary action under the service rules applicable.(( Section 5, The Right of Children to Free and Compulsory Education Act, 2009.)) 

Furthermore, the delay in production of the transfer certificate cannot be made a ground for delaying or denying admission to a new school.(( Provisio 1, Section 5, The Right of Children to Free and Compulsory Education Act, 2009.))  Consequently, even if they don’t have documents like a transfer certificate and age proof, children must be given admission to a school.

How is the Child’s age determined for admissions in schools under right to education law?

For the purposes of admission to elementary schools under the Right to Education law, the age of the child is determined by way of an age of proof. The age of proof may include the child’s birth certificate or any other document which may be prescribed. In some cases the parents are required to confirm the child’s age by a written declaration or an affidavit. However, the child cannot be denied admission in case of a lack of proof towards age.1

  1. Section 14, The Right of Children to Free and Compulsory Education Act, 2009.  Application Form For Admission In Govt./Govt. Aided School Directorate Of Education, Govt. Of Nct Of Delhi, available at, http://edudel.nic.in/upload/upload_2019_20/admission_form_28022019.PDF []

The government shut the school my child was studying in. What can I do?

If the government shuts down the school a child is currently studying in, in its order for shutting down, the government shall provide the directions regarding other neighbourhood schools that children of a closing school shall be admitted into.(( Section 18(3), The Right of Children to Free and Compulsory Education Act, 2009.))

In case of a failure of the government in providing for such directions, you may approach the local authorities or another neighbourhood school.

What is the school management committee?

All schools run by the government or substantially aided by Government, including private schools, are mandated to form a School Management Committee (SMC). The SMC composes of the elected representatives of the local authority and the parents, with ¾th of the committee composed of parents of the children admitted in school. The SMC is devised to monitor the working of the school, prepare development plans for the school, monitor utilisation of grants for the school etc. However, the SMC for minority schools and aided schools shall perform advisory functions only. The SMC is vested with the responsibility of devising a School Development Plan, based on which the school shall receive grants and measures of government planning.(( Section 21 and 22, The Right of Children to Free and Compulsory Education Act, 2009.))

Can school teachers provide private tuitions?

No government school or private school teacher can provide private tuitions under the Right to Education law in India.(( Section 28,The Right of Children to Free and Compulsory Education Act, 2009.))

Do I legally have to admit my child in a school?

Yes, the right to education law puts a duty on parents or guardians to admit their child or ward to elementary neighbourhood school.(( Section 10, The Right of Children to Free and Compulsory Education Act, 2009.))  However, the aim of the law is to put a moral obligation on the parents to send children to school and not to compel them to do the same. Consequently, no penal provisions exist for contravention of this obligation.(( The Right of Children to Free and Compulsory Education Act, 2009.))

Free and Compulsory Education

The Right to Education is a fundamental right guaranteed under Article 21A of the Constitution of India, 1950.1 The law guaranteeing the right to education is known as the Right of Children to Free and Compulsory Education Act, 2009. Every child between the age of 6 to 14 years, that belongs to disadvantaged groups including children who are differently-abled, children belonging to scheduled caste or scheduled tribes etc. as well as children belonging to all income groups shall have the right to free and compulsory education in the neighbourhood school till the completion of their elementary education which is from Class 1 to Class 8.2

Parents of such children do not have to pay any fee, charges or expenses to help their children receive elementary education.3 Every child who is enrolled in school for elementary education will also be provided with a nutritious meal, free of charge on all days except school holidays.4

  1. Mohini Jain v. State of Karnataka, (1992) 3 SCC 666. []
  2. Section 3(1), The Right of Children to Free and Compulsory Education Act, 2009. []
  3. Section 3(2) The Right of Children to Free and Compulsory Education Act, 2009. []
  4. Section 3, The Mid-day Meal Rules, 2015. []

Admission Process into Schools

All children between the ages of 6 to 14 years can get education from schools, free of cost,  from the 1st standard (first class) till the 8th standard (eighth class).

Approach the Neighbourhood Schools

Children can attend classes in neighbourhood schools. These neighbourhood schools are schools established within a walking distance of:

  • one kilometre from the child’s neighbourhood (if the child is in class I to V) and
  • three kilometres (if the child is in class VI to VIII).1

However, the law does not restrict the education of children to neighbourhood schools.2 The child is free to enrol in any school despite the distance from the child’s neighbourhood to receive an education free of cost. However, it is important to note that a child can receive education only from those schools established, owned (e.g. state established schools like Kendriya Vidyalaya, Aarohi schools in Haryana etc.), controlled or substantially funded directly or indirectly by the government or local authority. So if a child is admitted to schools other than those given above, their parents cannot make a claim for reimbursement of expenses for the child’s education.3 This, however, does not include admissions under the 25% reserved admissions for disadvantaged groups.4 The admission process for schools covered by the Right to Education varies from state to state. However, certain practices are common. For admitting a child to the school, the following are the common practices across states:

Filling Admission Forms

Parents are required to fill a form provided by the requisite state governments. These forms are available on the government portal as every state has a separate portal for admissions. Some examples are Punjab, Maharashtra etc. You can also approach neighbourhood schools to obtain the form.5 The form includes basic information like the family details, address etc. It also provides for choosing preferred schools in case of unplanned admissions. A maximum of five schools can be provided as preferences.6

Providing Identification Documents

Certain documents are mandatory to be submitted. These documents include the child’s ID as proof of age (may entail a birth certificate, Anganwadi record, Aadhar card etc.) and parents’ IDs. Forms also enlist the provision of documents such as the family’s ration card, income certificate, caste certificate as well as relevant certificates highlighting the special needs of children. Such a filled form may ordinarily be submitted to the neighbourhood school. Since certain states have made the entire process online, so the application may be carried on the government portal.

School Fees and Expenses

Children can get admission to schools without paying any fees or expenses.7 The right to education law in India prohibits invocation of any fees prior to the admission of a child. No school is allowed to charge any capitation fee which refers to any kind of donation or payment other than the school fee.8

No Screening Procedure for admission 

Moreover, schools cannot subject the child or the parents to any form of screening procedure before admission.  A screening procedure may involve any test or interview of the child or the parent for the purposes of admission to the school.9The school should randomly select the children and employ an open lottery method for filling up vacant seats. This can be done in the form of writing the names of the children on paper slips and then randomly picking them out of a container to ensure transparency. Schools may be fined up to Rs.25,000 for the first contravention of this provision and may extend to Rs.50,000 for any subsequent contraventions.9

  1. Rule 6, The Right of Children to Free and Compulsory Education Rules, 2010. []
  2. The Right of Children to Free and Compulsory Education Act, 2009. []
  3. Section 8, The Right of Children to Free and Compulsory Education Act, 2009. []
  4. Section 12(1)(c), The Right of Children to Free and Compulsory Education Act, 2009. []
  5. Guidelines for Parents w.r.t. Admissions in Entry Classes i.e. Nursery / KG /Class-I in Government Sarvodaya Vidyalayas for the Academic Session 2020-21, Government of Delhi NCT, available at, http://edudel.nic.in/upload/upload_2019_20/249_251_dt_27022020.pdf []
  6. Application Form For Admission In Govt./Govt. Aided School Directorate Of Education, Govt. Of Nct Of Delhi, available at, http://edudel.nic.in/upload/upload_2019_20/admission_form_28022019.PDF []
  7. Section 3(2), The Right of Children to Free and Compulsory Education Act, 2009. []
  8. Section 13(1), The Right of Children to Free and Compulsory Education Act, 2009. []
  9. Section 13, The Right of Children to Free and Compulsory Education Act, 2009. [] []

Different Categories of Schools

The schools given below have the responsibility to make provisions for the free and compulsory elementary education of children.

Schools established, owned or controlled by the government or a local authority

Such schools have a responsibility to provide free and compulsory education to all children admitted. For example, schools run by the New Delhi Municipality Council or the Delhi Cantonment Board.

Aided schools

Aided Schools refer to privately established schools receiving full or part of their funding by the government or local authority in the form of aid or grant.1 Free and compulsory education should be provided to a minimum of 25% of the children admitted and to such proportion of children as its annual recurring aid or grants so received bears to its annual recurring expenses.

Specified category schools and unaided schools not receiving any kind of aid or grants from the government

A school belonging to a specified category refers to schools such as Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik Schools or other schools that have a distinct character and are specified by notification by the appropriate government. Apart from special schools even unaided schools that do not receive any grants or funds from the Government are covered under the law2 In such schools, children shall be admitted in class I, to the extent of 25% of the strength of the class, till the completion of elementary education. This proportion comprises children belonging to weaker sections and disadvantaged groups such as those belonging to economically weaker sections of society.3

The above-mentioned strength of 25% of the class also applies to pre-school education, if any of these schools provide for the same.

Minority Schools

Minority schools are schools run by members of a minority group. Minorities are religious groups other than Hindus, such as Christians, Muslims and Parsis. They are also groups in a state who don’t speak the main or official language of the state, such as Tamilians in Haryana or Gujaratis in Karnataka.

The Constitution of India allows minorities to run schools in their own way so that they can protect their culture and language. This means that minority schools don’t have to follow all the rules which apply to other schools and do not fall within the ambit of the Right to Education Act.

  1. Section 12(1)(b), The Right of Children to Free and Compulsory Education Act, 2009. []
  2. Section 2(p), The Right of Children to Free and Compulsory Education Act, 2009. []
  3. Section 12(1)(c), The Right of Children to Free and Compulsory Education Act, 2009. []

Denial of Admission into Schools

No child can be denied admission to a school1, irrespective of the time in the academic year in which admission is sought. Ideally, all children should be enrolled in school at the beginning of the academic session. However, schools may need to be flexible to allow admission at any time during the session.

Special Training

Children admitted after six months of the beginning of the academic session may be provided Special Training as determined by the Head Teacher of the school to enable him/her to complete studies.2 Special Training ensures that out-of-school children are integrated into the school system. Such support will be in the form of residential or nonresidential courses, as needed and such children will continue even beyond 14 years of age to complete elementary education

Prohibition of physical punishment and mental harassment

No child can be subjected to physical punishment or mental harassment at the hands of the school authorities. Physical harassment includes causing physical harm to children by hitting, pulling their hair, slapping, hitting with any object (ruler, chalk) etc. Mental harassment includes mocking the child with regard to his/her background, caste, parental occupation or shaming the child to improve their performance. Individuals may be subjected to disciplinary action under the service rules applicable to them upon subjecting the child to the same.3

Prohibition to expel children 

No child can be expelled from school until they have completed their elementary education.4

  1. Section 15, The Right of Children to Free and Compulsory Education Act, 2009. []
  2. Rule 14, The Right of Children to Free and Compulsory Education Rules, 2010 []
  3. Section 17, The Right of Children to Free and Compulsory Education Act, 2009. []
  4. Section 16(4), The Right Of Children To Free And Compulsory Education (Amendment) Act, 2019. []

Curriculum and Evaluation Procedures in Schools

Each state government has specified various academic authorities that have laid down the curriculum and evaluation procedures. These could be the State Council of Educational Research and Training (SCERT) or other academic institutions of the state. For example, the Delhi SCERT and the Uttarakhand SCERT are responsible for the curriculum in their respective states. The state curriculums must, however, be prepared according to certain common principles:1

The state curriculums and evaluation procedures must include a comprehensive and continuous evaluation of the child’s understanding of knowledge.

  • It should focus on the all round development of the child in a child-friendly manner.
  • As far as possible, the medium of instruction should be the child’s mother tongue.
  1. Section 29(2), The Right of Children to Free and Compulsory Education Act, 2009. []

Detention Policy

A regular examination is conducted in the fifth class and eighth class at the end of each academic year.1

If a child fails an examination conducted, he/she is provided with additional instruction and granted an opportunity for re-appearing for the examination within two months from the declaration of the result.2 The students may be held back in the fifth or eighth standard if they fail in the re-examination.3 The discretion for the same lies with the Government.4 States such as Delhi and Gujarat have implemented this to hold back students who fail their re-assessment in classes 5 and 8.

This no-detention policy states that:

  • No child can be expelled from the school till the completion of elementary education.5
  • No child can be expelled from the school for failing to clear the examination.
  • No child shall be required to pass any Board examination till completion of elementary education.6

 

  1. Section 16(1), The Right of Children to Free and Compulsory Education Act, 2009. []
  2. Section 16(2), The Right of Children to Free and Compulsory Education Act, 2009. []
  3. Section 16(3), The Right of Children to Free and Compulsory Education Act, 2009. []
  4. Section 16(4), The Right of Children to Free and Compulsory Education Act, 2009. []
  5. Section 16(4), The Right of Children to Free and Compulsory Education Act, 2009. []
  6. Section 30, The Right of Children to Free and Compulsory Education Act, 2009. []

Responsibilities of Schools

Norms and Standards to be followed by schools

The right to education law prescribes that the Pupil-Teacher Ratio should be maintained at 30:1 for first class to fifth class and 35:1 for sixth class to eighth class.1 It also provides that there should be2:

  • At least one classroom for every teacher
  • Separate toilets for boys and girls
  • Barrier-free access
  • A playground
  • Safe and adequate drinking water facility for the children
  • A kitchen where mid-day meals can be cooked in the school A library in each school provides newspapers, magazines and books on all subjects, including story-books.3
  • A teacher also needs to have a minimum of 45 working hours per week including preparation hours.4

Creation of a School Management Committee

All schools run by the government or substantially aided by it are mandated to form a School Management Committee (SMC). The SMC comprises the elected representatives of the local authority and the parents, with ¾ of the committee composed of parents of the children, admitted in school. The SMC is devised to monitor the working of the school, prepare development plans for the school, monitor utilisation of grants for the school etc. However, the SMC for minority schools and aided schools shall perform advisory functions only. The SMC is vested with the responsibility of devising a School Development Plan, which will be the basis for plans and grants made by the respective State Government or local authorities.5

Provide meals to the children

The law provides that all students between the ages of six to fourteen years who enrol and attend the school studying between I to VIII classes shall be entitled to nutritious meals at no cost.6 The funds for such meals shall be provided by the state government. However, implementation of the scheme and monitoring of the quality and preparation of the meal is overseen by the School Management Committee.7 These meals should be provided on all days except school holidays and should be served at school.8

  1. Schedule I, Item 1, The Right of Children to Free and Compulsory Education Act, 2009. []
  2. Schedule I, Item 2, The Right of Children to Free and Compulsory Education Act, 2009. []
  3. Schedule I, Item 6, The Right of Children to Free and Compulsory Education Act, 2009. []
  4. Schedule I, Item 4, The Right of Children to Free and Compulsory Education Act, 2009. []
  5. Section 21 and 22, The Right of Children to Free and Compulsory Education Act, 2009. []
  6. Rule 7, Mid Day Meal Rules, 2015. []
  7. Rule 3, Mid Day Meal Rules, 2015. []
  8. Rule 4, Mid Day Meal Rules, 2015. []

Complaining/ Grievances Regarding Child’s Education

If you face any grievance or you have a complaint regarding the education of a child, you can approach the following authorities:

Students/Parents/Any person

Any person, including parents, can file a complaint with:

Local Authorities 

Complaints can be made to Gram Panchayat or the Block Education Officer. The Block Education officer is in charge of the education of students within their block and also supervises the functioning of the schools.

National/State Commission for Protection of Child Rights

The National and State Commission for Protection of Child Rights works for the protection of all children in the 0 to 18 years age group. Their work includes addressing children in backward or vulnerable communities.  If you have any grievances, you can complain not only to the National Commission but also to the commissions set up in each state. Any person aggrieved by the decision of the local authority can file an appeal1 to the State Commission for Protection for Child Rights in case of grievances. The helpline numbers and email ids differ from state to state but can be found on their website.

Some immediate ways you can complain to the National Commission are:

Online

The government has an online complaint system where you can file your complaint.

Via Phone:

You can contact the following numbers:

  • National Commission for Protection of Child Rights- 9868235077
  • Childline India (Childline is a helpline for offences committed against children)- 1098
Via Email:

You can send an email to the National Commission for Protection of Child Rights: pocsoebox-ncpcr@gov.in

Via Post/Letter/Messenger:

You can write to the National Commission for Protection of Child Rights with your complaint or send a messenger to this address:

NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS (NCPCR)

5th Floor, Chandralok Building 36, Janpath,

New Delhi-110001 India.

Courts

Complaints can also be taken to court since the Right to Education is a fundamental right for children. You should take the help of a lawyer for this.

  1. Section 32(3), The Right of Children to Free and Compulsory Education Act, 2009. []

Free Meals for Children in Schools (Mid-day Meal Scheme)

The law provides that all students between the ages of six to fourteen years who enrol and attend the school studying between I to VIII classes shall be entitled to nutritious meals at no cost. The funds for such meals shall be provided by the state government. However, implementation of the scheme and monitoring of the quality and preparation of the meal is overseen by the School Management Committee.1 These meals should be provided on all days except school holidays. The place of service for such meals is at school only.

If for any reason, the mid-day meal is not provided to the child on any day, a food security allowance consisting of food grains and money shall be paid by the State Government to every child by the 15th of next month.2 The allowance includes food grains and money. It shall be based on the number of food grains entitled to the child and the cooking cost prevailing in the state. Children who voluntarily do not consume the mid-day meal, however, shall not be entitled to such allowance.3

 

  1. Rule 7, Mid Day Meal Rules, 2015. []
  2. Rule 3, Mid Day Meal Rules, 2015. []
  3. Rule 9, Mid Day Meal Rules, 2015. []

Qualifications of Teachers

The National Council for Teacher Education prescribes the qualifications for teachers in India. One of the essential qualifications for a person to be eligible for appointment as a teacher in any of the schools is that he/she should pass the Teacher Eligibility Test (TET) which will be conducted by the appropriate Government. Other than this, there are different qualifications required for teaching different classes.1 

Teachers of Class 1-5

Qualifications include:

  • Senior Secondary with at least 50% marks and a 2-year diploma in elementary education or
  • 4 year Bachelor in Elementary Education or a 2-year diploma in Education (special education).

Teachers of Class 6-8:

Qualifications include:

  • B.A/ B.Sc degree and a 2-year diploma in elementary education. Or,  B.A/ B.Sc degree with at least 50% marks and a 1-year bachelor in education or a 1-year B.Ed (special education)
  • Or, a senior secondary with at least 50% marks and 4 year Bachelor in Elementary Education or 4-year B.A/B.Sc.Ed
  1. Govt of India, Ministry of Human Resource Development, F.No. 61-03/20/2010/NCTE/(N&S) (23rd August 2010) available at http://righttoeducation.in/sites/default/files/Notification%20of%20NCTE%20for%20the%20minimum%20qualification%20for%20a%20person%20to%20be%20eligible%20for%20appointment%20as%20a%20School%20teacher.pdf []

Education for Children Belonging to Disadvantaged Groups

It is the duty of the government and the local authorities to ensure that children from disadvantaged groups are not discriminated against and are able to complete their elementary education. Parents of children belonging to disadvantaged groups should get representation in the School Management Committees in proportion to the number of such students enrolled.1 Specified category schools and unaided private schools are mandated to admit in first class (Class 1), children belonging to weaker sections and disadvantaged groups to a minimum of 25% of the class size.2

Children with HIV

While children belonging to disadvantaged groups earlier did not extend to children with HIV, the Supreme Court of India ordered that the State Governments should consider adding children living with or affected by HIV to disadvantaged groups by way of notification given here.3 Consequently, children with HIV are counted under disadvantaged groups for the Right to Education in Union Territories of Chandigarh, Dadra and Nagar Haveli and Daman and Diu.4 Karnataka also includes children with HIV under disadvantaged groups. More states may include children with HIV or affected by HIV in the disadvantaged groups for the purpose of RTE.5

Children belonging to Scheduled Castes and Scheduled Tribes

Children belonging to Scheduled Castes and Scheduled Tribes are also included under the category of disadvantaged groups in the RTE law. Certain states in India give priority to Scheduled Castes and Scheduled Tribes in case of 25% admissions to disadvantaged categories in specific categories and unaided private schools. For example, the state of Haryana6 provides for a reservation of 5% seats out of the 25% admissions for Scheduled Castes. Similarly, the state of Karnataka has 7.5% and 1.5% seats EWS seats reserved for Scheduled Castes and Scheduled Tribes respectively.7

Children with disabilities

All children, who are citizens of India have a right to education, including children with disabilities. The Constitution of India provides that nobody can be denied admission into any educational institution based on their religion, race, caste or language8 Moreover, the State is directed to provide free and compulsory education for all until the age of 14 years and no child can be denied admission to any educational institution maintained by state funds on grounds such as religion, race, caste or language.9

A child with a disability has special rights for getting an education. Some of these are:

  1. The child can get free education till she turns 18.10
  2. The child can get special books and equipment that s/he needs for free from the government.

Also, the government has to take special steps to help children with disabilities get an education including:

  • Provision of safe transport facilities to enable them to attend school and complete elementary education.11
  • Materials for special learning and educational support.12
  • Provision of scholarships, part-time classes, informal education and make it easier for such children to give exams etc. A child with 80% disability or two or more disabilities can choose to be educated at home.13
  1. Section 21, The Right of Children to Free and Compulsory Education Act, 2009. []
  2. Section 12(1)(c), The Right of Children to Free and Compulsory Education Act, 2009. []
  3. Naz Foundation India Trust v. Union of India, (2018) 11 SCC 547. []
  4. Ministry Of Human Resource Development (Department Of School Education And Literacy) Notification New Delhi, the 18th May 2017, available at https://mhrd.gov.in/sites/upload_files/mhrd/files/upload_document/rte_notification.pdf []
  5. Rule 2(e), Karnataka Right of Children to Free and Compulsory Education Rules, 2012. []
  6. Rule 7(4), Haryana Right of Children to Free and Compulsory Education Rules, 2011. []
  7. Admission of Children Belonging To Disadvantaged Group And Weaker Section Under Rte, Circular, Government Of Karnataka Available At http://www.schooleducation.kar.nic.in/Prypdfs/rte/RTECircular18313.pdf. []
  8. Article 29(2), The Constitution of India, 1950. []
  9. Article 45, The Constitution of India, 1950. []
  10. Section 31, Rights of Persons with Disabilities Act, 2016. []
  11. Rule 6(7), The Right of Children to Free and Compulsory Education Rules, 2010. []
  12. Rule 9, The Right of Children to Free and Compulsory Education Rules, 2010. []
  13. Section 17, The Rights of Persons with Disabilities Act, 2016. []