Mumbai: Dy director of school education faces inquiry

Currently, 218 schools are operating without RTE clearance. Representation pic

Following numerous complaints, the state education ministry has instructed the education commissioner to initiate an inquiry against the deputy director of school education. This action comes in response to allegations of dereliction of duty and significant lapses in taking action against schools that are in violation of RTE (Right to Education) norms and operating without RTE recognition.

In recent directives addressed to State Education Commissioner Suraj Mandhare, an official from the state school education and sports ministry said, "A complaint was received from Nitin Dalvi on January 30 regarding the lack of action against schools violating RTE norms and operating without RTE recognition. It is imperative that action be taken in accordance with existing government regulations and provisions pertinent to the issues raised in the complaint. A detailed report on the actions taken must be submitted immediately to the government."

The directions were issued on March 1, after numerous complaints from Nitin Dalvi, president of the Maharashtra State Student Parents Teachers Federation (MSCPCR). "Despite numerous orders and directives issued by the director of education, Maharashtra state commission for protection of child rights, to act on the matter, the Deputy Director of School Education, Mumbai, Sandeep Sangave has disregarded all these orders and has even played down the matter by saying these schools already possess government NOC and cannot be called illegal or unrecognised just because they haven't renewed or taken RTE recognition. Are the rules made so that they can be violated?" Dalvi said.

In his August 2023 reply to the director of education, primary and state commissioner of education, Sangave had clarified that the 218 schools, despite not submitting Index II (document mandatory under RTE Act) and not having RTE recognition, cannot be declared unauthorised.

Following this, on January 11, the director of education (primary) formally tasked Sangave with taking appropriate action in this matter. The directive further emphasised the need for submitting an action taken report to the director's office and the commissioner of education, in addition to forwarding it to the child rights commissioner.

Activists have since criticised the state education department and Brihanmumbai Municipal Corporation (BMC) for failing to take appropriate action. They have also alleged that the civic education department is playing down the matter.

The case

As per data shared by the BMC under the RTI Act in March 2023 to NGO Maharashtra Rajya Vidyarthi, Palak, Shikshak Mahasangh (Maharashtra State Student-Parent Teacher Federation), 218 private unaided primary schools across the city have failed to get/extend their RTE recognition. Some of the prominent schools in the list include Anandilal Podar high school (Santacruz), Raja Shivaji primary school (Dadar), St Michaels High School (Mahim), St Andrews High School primary section (Bandra), St Aloysius Primary School (Santacruz), Alexandra girls high school (Fort), Gloria Convent (Byculla), St Pius X High School (Nahur), Dr Sarvepalli Radhakrishnan Vidyalaya (Borivli), Rustomjee Troopers (Dahisar) and VPM's Vidya Mandir primary school (Dahisar).

RTE Act mandates

Under RTE, 25 per cent of the total seats are to be reserved for the socio-economically weaker sections. The schools are expected to provide free education to these children and claim reimbursement from central and state governments.

Also, the act requires all schools to adhere to 10 infrastructure standards, such as a compound wall, toilets, drinking water, playgrounds, etc. Every three years, the schools must apply for an extension/renewal of accreditation. Following the RTE Act's introduction, a school's recognition is only renewed if it has met these 10 standards.

Failing to get the renewal, schools could be fined R10,000 per day for running the school without recognition, until they meet the norms. The management of these schools will also have to pay a penalty of R1 lakh. The BMC is the statutory body issuing the recognition certificate for primary schools.
As per BMC officials, while some of the 218 schools have failed to renew their recognition (some of them since 2016), some have applied after the deadline given to them.

"Despite filing repeated complaints concerning RTE approval since March 2023, no action has been initiated to date. We have now demanded the school education ministry to issue an order to suspend the deputy director of school education immediately for dereliction of duty and shielding schools that are violating RTE norms," Dalvi said.

OfficialSpeak

When contacted, Sangave said, "The matter falls entirely within the jurisdiction of the BMC. Nevertheless, I have diligently responded to and addressed every communication directed to me. I have also written to the BMC commissioner regarding the issue. Furthermore, it's worth noting that all these schools possess a no objection certificate (NOC) from the state government. Is it appropriate to label them unauthorised and close them down solely for not renewing RTE recognition?
I have consistently adhered to regulations and upheld transparency throughout. It seems I am being unfairly targeted."

Rs 10K
Daily fine for flouting RTE norms