Mumbai: BMC finally updates list of schools that lack RTE approval

Under RTE 25 per cent of the total seats are reserved for the socio-economically weaker sections of society. Representation Pic

After facing criticism and being reprimanded by various departments, the BMC's education department has finally updated its list of schools that don't have RTE recognition. According to civic officials, between March 2023 and March 2024, the department issued and renewed RTE recognition (also known as ‘Namuna-II') to 150 out of the 218 schools on the list. Furthermore, to resolve the issue on a war footing, the civic education department conducted camps earlier this month to facilitate the process.

The schools were operating without the civic body's recognition or had not renewed it, which is compulsory under the Right to Education (RTE) Act. Under RTE, 25 per cent of the total seats are reserved for the socio-economically weaker sections of society. The schools are expected to provide free education to these children and claim reimbursement from central as well as state governments. Also, the Act requires all schools to adhere to 10 infrastructure standards, such as having a compound wall, toilets, drinking water, playgrounds, etc. Every three years, the schools must submit an application for an extension/renewal of recognition or 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 Rs 10,000 per day until they meet the norms and for running the school in the absence of recognition. The management of these schools will also have to pay a penalty of Rs 1 lakh. The BMC is the statutory body issuing the recognition certificate for primary schools. The state's 2011 RTE rules for implementing the Act require schools to submit a self-declaration-cum-application (commonly known as ‘Form 1') to the district education officer. The certificate of recognition (form/ Namuna - II) is awarded to a school following an on-site inspection.

As per data shared by the BMC under RTI 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. In March 2023, the civic body's data revealed that around 218 schools had failed to renew their recognition from as far back as 2016, while few others had applied only after the deadline to do so.

"The schools have submitted reports on their structural safety, fire department clearance, and other necessary documents. The only missing element is the approval of building plans due to the age of these structures. Despite being among the oldest and most prominent institutes in the city, they lack clearance for the safety and security of their buildings. The approvals were granted after these schools submitted an undertaking, pledging to ensure the safety of their students. We decided to accept their application after they agreed to sign the undertaking," said a civic official.

The issuance of recognition follows criticism from the state director of education (primary) in January, who reprimanded the BMC for neglecting its directive to investigate safety measures at these schools. The director accused the civic body of "dereliction of duty" and "irresponsible behaviour", warning of disciplinary action. However, both the BMC and the deputy director of school education (Mumbai) have asserted that despite lacking recognition, the schools cannot be termed "unauthorised" and thus should not face disciplinary action.

"On March 11 and March 15, we conducted camps for schools. This year, approximately 150 schools have already obtained their form/Namuna-II and renewed their recognition. Another 65 schools will receive their form-2 soon as the verification process is currently underway," said Raju Tadvi, BMC education officer. A civic official added, "These schools have been operating for several years and already possess the state government's No Objection Certificate (NOC). Just because they lack RTE approval doesn't render them illegal. The process for granting RTE approvals has been ongoing and is lengthy and meticulous, involving various checks, surveys, audits, and verifications."

However, activists have criticised the state education department and BMC for failing to take appropriate action, alleging that the civic education department downplayed the matter. "Many of these schools have lacked recognition since the RTE Act came into force, while others received it for three years between 2013 and 2016 but it wasn't renewed thereafter. The question is, what was the BMC doing for the past eight years? Why didn't it penalise the erring schools?" questioned Nitin Dalvi of the Maharashtra State Student-Parent Teacher Federation.

218
No of schools that featured in BMC list of defaulters