Common School System and Right to Education

Abstract:- "The Concept of common school system prevailing in the mindset of Govt which is seen in the nature of policy of Govt is totally of capitalist approach and same need not to be appreciated by the common people in the name of common school system. Bihar Common School System Commission submitted its report in which the commission has proposed to pass a bill namely The Bihar Right to Education and Common School System
(Equality, Excellence and Social Justice), Bill, 2007 wherein common school system has been confined to the system of providing school education of equitable quality to all children from the age of five years to the age of eighteen years.There are a lot of demerits in the the Right of Children to Free and Compulsory Education Act, 2009 and in fact there is no discussion of common school system.So RTE Act,2009 can't lead us to create a circumstances to adopt the common school system."

1.Review Of Common School System

It is amazing that common school system has been seen in the nature of providing school education of equitable quality.The Education Commission of India in its report in 1964-66 recommended the establishment of a Common School System for all children irrespective of their class, caste, religious or linguistic background. The Kothari Commission's recommendation of a Common School System (CSS) across the country was endorsed by the National Education Policy, 1986 and POA, 1992. The Ramamurti Committee considered the development of Common School System (CSS) to be a “very vital component of the overall strategy for securing equity and social justice in education.” Parliament has expressed its unambiguous commitment to the Common School System thrice in its resolutions on the National Policy on Education in 1968, 1986 and 1992. But, report of the Education Commission of India,New Education Policy,1986 and report of Ramamurti Committee on the review of New Education Policy,1986 has merely seen common school system as the system of providing school education of equitable quality and the Parliament of India has reflected same view by its resolutions.

Bihar is the first state that constituted Bihar Common School System Commission in 2006 and the Commission Submitted its report on 8 June 2007.In its 313 paged reports,among other things ,the Commission drafted a bill namely The Bihar Right to Education and Common School System (Equality, Excellence and Social Justice), Bill, 2007 .

Section 2(iv) of The Bihar Right to Education and Common School System
(Equality, Excellence and Social Justice), Bill, 2007 defines common school system as
(iv) “Common School System” means a system of schools covering the
whole of the State of Bihar and comprising of government and private
recognised schools, providing school education of equitable quality to
all children from the age of five years to the age of eighteen years
ordinarily residing in the prescribed Poshak Kshetra .
Section 2(vii) of the said bill defines “Education of Equitable Quality as
(Vii)“Education of Equitable Quality” means education as provided by a
Neighbourhood School that conforms to the minimum Norms and
Standards as specified in Schedules I and II of this Act.

Schedule I of the said bill provides Norms and Standards for the Common School System wherein criteria has been proposed in the manner of required necessity of various infrastructure for the common school system and Schedule II of the said bill provides about the Medium of Education and the Teaching of Languages.

Solely providing equitable quality of education-in my words an education that can compete with the education quality of private school -is not common school system.The word common is more broad than its present meaning in regard to this subject matter.Common school system should mean a system of education where no private school exists and the Govt schools have infrastructure in such manner that the child of every person of the Country studies in the Govt School.This is the actual common school system that need to be adopted,enacted and enforced.

If Govt school will be made of higher quality and there also will be the private school ,then no common school system can be established in Bihar or elsewhere in the country because those who have more money will still send their children to the private school.Then how there will be common school system?How there will be the common facility,common standard of education and no disparity in the process of gaining education?

If private school is demolished and there is only Govt school,then the Govt school will automatically be of higher quality because the children of all leaders and bureaucrats will study in the Govt School and only due to this reason they will pay more attention to the Govt School and the condition of the Govt School will be changed in very few time.

Providing many private facilities in Indian Market is out of the principle of economics and law of market.If we take Private school for the example, they are neither following the law market,even nor following the principle of a capitalist economy.What market it is?It is not monopoly,monopolistic,oligopoly or perfect competition.It is another matter that there is higher demand and lower supply,so the price (fee of private school) should be higher because there is one more view of determining price in the market and the price is determined also on the type of market.Along with large number of demand (large number of students),now a large number of suppliers (Private Schools) are available in the market.Private Schools are available in each street of the town and that is the large number of suppliers,so there must have been perfect competition amongst the suppliers,amongst the private schools and thus price (fee)should have been less due to perfect competition.Even possessing the nature of a perfect competition market,the market is not perfect competition and determining fee arbitrarily on its own desire,as if there is monopoly.Each Private school is determining its own fee arbitrarily and establishing its own monopoly.In monopoly market,there is single supplier ,so price is determined arbitrarily but even being large number of suppliers,large number of private schools,price (fee) is determined arbitrarily by the these schools,as if even being in large number- possessing the nature of perfect competition,they have established its own monopoly due to lack of law and order.Same condition is applicable for private coaching centre,private nursing home,private bus,room rent etc.

An act must be passed for the removal of private schools in order to achieve the goal of common school system and in this act,in its preamble of the act,it must be mentioned that private schools are being run against the law of market and principle of economics.The bill suggested by the Bihar Common School System Commission must never be passed.

2.Review of the Right of Children to Free and Compulsory Education Act, 2009 and its relationship with common school system.

Right To Education Act,2009(the Right of Children to Free and Compulsory Education Act, 2009 ) passed by Indian Parliament in 2009 and it is in force since 1 April 2014 with a motive to provide free elementary education to all children of the age group 6 to 14.It is the seventh Fundamental right enshrined under Article 21A of the Constitution of India.

Section 12(1)(C) of the RTE Act,2009 makes it mandatory for the private school to admit 25 % of the children belonging to weaker section and
disadvantaged group in the neighbourhood in class I and provide free and compulsory elementary education till its completion on the expenditure of Govt as per the provision of section 12(2) of the RTE Act,2009.But ,even many states have not initiated its first step to enforce this provision and those states who have initiated its first step to enforce this provision,could not be able to apply this provision in practice and admit 25% children belonging to weaker section and
disadvantaged group in the neighbourhood in class I.

Nothing is going to happen merely by making provision of the admitting 25 % Children of Class I in private school because we are in fact giving an obligation ,or in other words,making a request to do so and if they fail to do so,there is no provision of punishment under this section.There is need of removing private school,instead of making children admitted in these schools on Govt Expenditure.

Section 13 of the RTE Act,2009 provides as follows:-

13. No capitation fee and screening procedure for admission

(1) No school or person shall, while admitting a child, collect any capitation fee and subject the child or his or her parents or guardian to any screening procedure.

(2) Any school or person, if in contravention of the provisions of sub-section (1),–

(a) receives capitation fee, shall be punishable with fine which may extend to ten times the capitation fee charged;

(b) subjects a child to screening procedure, shall be punishable with fine which may extend to twenty five thousand rupees for the first contravention and fifty thousand rupees for each subsequent contraventions.

Section 2(b) of the said act defines ”capitation fee” as any kind of donation or contribution or payment other than the fee notified by the school;

What sorts of fee can be notified by the school is not mentioned elsewhere in this act and a school can notify many fees but it will not belong to capitation fee.Fee other than the school fee (fee of schooling) shall deemed to be capitation fee but there is no such provision.

If a child is subjected to screening procedure,then only there is the provision of fine.There is no provision of fine if a parents or guardian is subjected to screening procedure.

How these fines will be imposed,what will be the process of making application for these fines,have not been mentioned in this act.Then how it can be believed that there won't be screening procedure or there won't be imposition of capitation fee?

Section 16 of the RTE Act,2009 provides as follows:-

16. Prohibition of holding back and expulsion

No child admitted in a school shall be held back in any class or expelled from school till the completion of elementary education.

There is no provision of punishment if a child is held back or expelled.Then why a child will not be held back or expelled ,as there is no provision of punishment for those who holds back the child or expelled a child.

Section 17 of the RTE Act,2009 provides as follows:-

17. Prohibition of physical punishment and mental harassment to child

(1) No child shall be subjected to physical punishment or mental harassment.

(2) Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action under the service rules applicable to such person.

Subjecting a child to physical and mental harassment is already an offence under the provisions of Indian Penal Code,1860 (Under section 323 of the IPC for causing hurt) and section 23 of the Juvenile Justice Act,2000.But section 17 of the RTE Act,2009 merely provides disciplinary action under the service rules applicable to such person.Is it not the way of protecting an offender by only initiating disciplinary action against that person?Why not it is said that a person (a teacher or a head teacher) subjecting a child to physical and mental harassment will be liable to punishment in accordance with the section 323 of the IPC and section 23 of the Juvenile Justice Act,2000 along with the disciplinary action under the service rules applicable to such person?

Section 21 of the RTE Act,2009 provides as follows:-

21. School Management Committee

(1) A school, other than a school specified in sub-clause (iv) of clause (n) of section 2, shall constitute a School Management Committee consisting of the elected representatives of the local authority, parents or guardians of children admitted in such school and teachers:

Provided that atleast three – fourth of members of such Committee shall be parents or guardians:

Provided further that proportionate representation shall be given to the parents or guardians of children belonging to disadvantaged group and weaker section:

Provided also that fifty per cent of Members of such Committee shall be women.

(2) The School Management Committee shall perform the following functions, namely:–

(a) monitor the working of the school;
(b) prepare and recommend school development plan;
(c) monitor such other functions as may be prescribed.

Section 22 of the RTE Act,2009 provides as follows:-

22. School Development Plan

(1) Every School Management Committee, constituted under sub-section (1) of section 21, shall prepare a School Development Plan, in such manner as may be prescribed.

(2) The School Development Plan so prepared under sub-section (1) shall be the basis for the plans and grants to be made by the appropriate Government or local authority, as the case may be.

There is no participation of child in the school management committee.How a committee can run in a good manner without the participation of child? Leadership must have been provided also to the child.

Who will be held responsible if school management committee is not constituted ,is not mentioned.Who will be held responsible if school development plan is not prepared,is not mentioned. Who will be held responsible if the school development plan prepared by the committee is not followed by the appropriate Government or local authority, as the case may be.

There is no provision of punishment if school management committee is not constituted.There is no provision of punishment if  school development plan is not prepared.There is no provision of punishment if school development plan is not followed by the appropriate Government or local authority, as the case may be.

In lack of such provisions,the provisions of section 21 and 22 of the said act will never be applied in practice.

Section 25 of the RTE Act,2009 Provides as follows:-

25. Pupil-Teacher Ratio

(1) Within six months from the date of commencement of this Act, the appropriate Government and the local authority shall ensure that the Pupil-Teacher Ratio, as specified in this Schedule, is maintained in each school.

(2) For the purpose of maintaining the Pupil-Teacher Ratio under sub-section (1), no teacher posted in a school shall be made to serve in any other school or office or deployed for any non-educational purpose, other than those specified in section 27.

Section 27 of the RTE Act,2009 provides as follows:-

27. Prohibition of deployment of teacher for non-educational purposes

No teacher shall be deployed for any non-educational purposes other than the decennial population cencus, disaster relief duties or duties relating to elections to the local authority or the State Legislatures or Parliament, as the case may be.

But the fact remains constant ,why teachers shall be made to serve in works specified in section 27 of the act.Deploying a teacher in works specified in section 27 is in fact against the Schedule of the Act.

S.No 3 of the Schedule of the Act is as follows:-

3.Minimum number of working days/instructional hours in an academic year

(i) two hundred working days for first class to fifth class;

(ii) two hundred and twenty working days for sixth class to eighth class;
(iii) eight hundred instructional hours per academic year for first class to fifth class;
(iv) one thousand instructional hours per academic year for sixth class to eighth class.

S.No 4 of the Schedule of the Act is as follows:-

4.Minimum number of working hours per week for the teacher

forty-five teaching including preparation hours.

Now the question arises how the provision of S.No.3 and S.No. 4 of the Schedule will be fulfilled if teachers are deployed in works as specified in section 27 of the act.If Teachers are deployed in election duty,cencus duty etc,then is it possible to maintain two hundred workings days and eight hundred instructional hours per academic year for the first class to fifth class,is it possible to maintain two hundred and twenty working days and one thousand instructional hours per academic year for sixth class to eighth class,is it possible to maintain forty-five working hours per week for the teacher? The provision of S.No.3 and S.No. 4 of the Schedule will not be fulfilled if teachers are deployed in works as specified in section 27 of the act.So,it ought to have been mentioned in the act that no teacher shall be deployed in any non-academic work and there shall be special staffs for those works and accordingly a new act must have been passed for the deploying of special staffs in those works which are done by teachers as specified in section 27 of the RTE Act,2009 or done by staffs of any department.It would generate employment and make department efficient in their own works.

Conclusion:- Common School System needs to be enacted in the manner as mentioned above in my article.The RTE Act,2009 needs to be amended in the manner as mentioned above in my Article.

Reference:-1.Report of the Bihar Common School System Commission
2.The Gazette Of India dated-27 Aug 2009 regarding notification on the the Right
of Children to Free and Compulsory Education Act, 2009.

Residential Address

Rahul Kumar
S/O-Jagannath Ray
Vill & Post-Sughrain
Via-Bithan
Distt-Samastipur
State-Bihar
PIN-848207
Mob-07759071885 and 07654528780
Email Id-648rahul@gmail.com

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