No curbs on unrecognised schools

NEW DELHI: Star Shine Public School in west Delhi, in which a six-year-old was allegedly asked to strip for not doing her homework, is not the only school which is running without a licence in the Capital.
According to a PIL filed in the high court, there are around 10,000 such illegal private schools, having classes from nursery to Class XII, that are doing brisk business in the city, without complying with the norms of the Delhi School Education Act.They charge steep fees, employ teachers who are not trained to handle kids, and are little concerned about maintaining academic standards. While the 19-year-old teacher, accused of punishing the girl on Friday, has been arrested, there’s no guarantee that there won’t be a repeat incident as the government has already shrugged off its responsibility, saying it’s not its job to book such schools.
Replying to the PIL filed by Social Jurists Forum, which demanded the regulation of unrecognised schools in 2006, the state government in August this year, said it cannot regulate academic or other activities of unrecognised schools, and it is the responsibility of MCD or DDA to "undertake verification of the existence of such unrecognised schools".
This, however, contradicts Section 3 of the Delhi School Education Act which states that the "administrator (DoE)" has the power to "regulate education in all schools in Delhi in accordance with the provisions in this Act". It also violates Rule 43 of the Act, which while describing the power of DoE to issue instructions, states that "the administrator, if he is of the opinion that in the interest of school education in Delhi it is necessary to do so", he can "issue such instruction in relation to any matter, not covered by these rules."
Schools till Class V come under the purview of MCD, while those till Class XII are under the state government. Said advocate Ashok Aggarawal of the Social Jurists Forum: "Both the MCD and DoE are completely unconcerned about the education of children going to these schools. One cannot blame parents as they are lured by the advertisements put up by these schools, mostly run by NGOs and politicians, and especially in slum and resettlement areas where parents aspire to send their kids to public schools. The number of such schools were 10,000, which was found in a survey in 1997, the number must have gone up to 15,000 by now. Government should wake from its slumber before it is too late."
Justifying its inaction, MCD told the court that it can interfere with such schools at the primary level, only if, on scrutiny of any curriculum it is found that the same is detrimental to the interest of education.
The state government in its reply stated, that the "duties are not imposed under the Act and Rules on an unrecognised school till it is recognised, and recognition can be granted on an application by the school concerned. But these unrecognised schools evidently do not apply for any recognition and thus remain outside the purview of the duties mentioned in the Act and Rules." It also stated that there is no power or authority vested with the DoE under which "he can enter or authorise any officer, to enter into any premises for the sake of verification, as to whether ... there has been any negligence on the part of the person running any unauthorised school."
It further adds: "As unregistered or unrecognised schools are open without permission of the appropriate authority the said schools are not extended any rights under the Act and are no schools in the fees of the DoE."
In an earlier order in February, the HC had observed that the "authorities (DoE, DDA and MCD) have failed to discharge their statutory and public law obligations. It can be safely presumed as to what will be the state of basic academic and physical infrastructure facilities even like drinking water and toilets in schools where children are being taught in one or two rooms."
It also observed that none of the authorities till date "have taken initiative even to inspect the schools." Despite repeated attempts, education secretary Rina Ray and DoE Vijay Kumar could not be contacted for their comments on the court’s observation, while state education minister Arvinder Singh Lovely was not in town. The next hearing on the PIL is scheduled for November 15.
sonia.sarkar@timesgroup.com