Issue Guidelines prohibiting holding back of students by aided and unaided minority schools till completion of elementary education - Social Jurist writes to LG

Issue Guidelines prohibiting holding back of students by aided and unaided minority schools till completion of elementary education - Social Jurist writes to LG

To

The Lieutenant Governor

Government of NCT of Delhi

Rajniwas

Rajniwas Marg

Civil Lines, Delhi-54

May 22, 2014

Subject: Request for issuing guidelines prohibiting holding back of students by aided and unaided minority schools till completion of elementary education

Sir

This is to draw your attention towards an anomalous situation that has been created due to selective applicability of the Right of Children to Free and Compulsory Education Act, 2009 coupled with absence of a uniform policy regarding promotion of students applicable to all schools. While holding back of students upto Class VIII by all categories of non-minority schools has been prohibited under the RTE Act, 2009, due to the exemption to minority schools from the ambit of RTE Act, minority schools across Delhi are still freely holding back students in elementary classes. 

In a recent case, Frank Anthony Public School, Lajpat Nagar-IV, Delhi-24 has held back a child, Master Himanshu Pandey, S/o Mr. Vishal Pandey in Class VII, citing inapplicability of the RTE Act, 2009 thereupon.

The Delhi School Education Act, 1973 and the Delhi School Education Rules 1973 empower the ‘Administrator’ to regulate education and issue instructions regarding promotion of students. Sub-section 3 (1) of the Act is in the following terms:

“3. Power of Administrator to regulate education in schools.--- (1) The Administrator may regulate education in all the schools in Delhi  in accordance with the provisions of this Act and the rules made thereunder.”

Further, Sub-rule 41 (1) of the Delhi School Education Rules, 1973 not only empowers but mandates the Administrator in this regard:

“41. Examination, assessment, evaluation, promotion, etc.—(1) The Administrator shall, on the advice of the Administrator Board, issue detailed instructions regarding assessment, evaluation and promotion of students from one class to another.”

It is submitted that the aforementioned provisions of the Delhi School Education Act, 1973 and Delhi School Education Rules, 1973 are applicable to all aided as well as unaided minority schools, notwithstanding the inapplicability of the RTE Act, 2009 thereupon.

In view of the above, you are requested to kindly issue instructions to all the schools in Delhi, including all minority schools, not to hold back any student till the completion of elementary education, in keeping with the spirit of the RTE Act and its underlying policy and in view of the need of a uniform policy regarding promotions in schools.

You are further requested to direct Frank Anthony Pubic School, Lajpat Nagar-IV to forthwith promote Master Himanshu Pandey to Class VIII.

Yours sincerely

Ashok Agarwal, Advocate

Advisor, Social Jurist

M:9811101923