Rule for disciplinary action against officers of Municipal Corporation & Zilla Parishad

Rule for disciplinary action against officers of Municipal Corporation & Zilla Parishad

The people are aware about the traditional ignorance of the education officers related to the Municipal Corporations and Zilla Parishad to implement various statutory provisions under The Right of Children to Free and Compulsory Education Act 2009 (RTE Act 2009).  However people fail to get justice or teach a permanent lesson to such errant officers  for want of ignorance of existing rules and regulations.

One of such rules to check the inefficiency of the education officers related to Municipal Corporations and Zilla Parishad has already been enacted in state of Maharashtra in the year March 2015 itself. The rule above mentioned clearly makes a provision that the final report about the irregularities and and non performance of statutory duties by the officers of the Municipal Corporations and Zilla Parishad must be filed before the state government within 2 months.

Not only the March 2015 rule above mentioned makes it mandatory that the final report about the non performance of official duties by the officers of the Zilla Parishad and Municipal Corporation should be submitted to the state government within 2 months but also it makes provision that if the concerned competent authority fails to to submit the report as per the provisions of rules above mentioned, they shall be held responsible for all the consequences arising out of any future legal proceedings too.

Also if people act as per the provisions under the rules of March 2015 above mentioned and take cautious approach, then they can get the final report for the appropriate action against the misconduct or non performance of the statutory binding duties of the concerned Municipal Corporation as well as Zilla Parishad officer within 2 months only.
The Marathi (English not available) copy of the 7th March 2015 rules above mentioned can be viewed and downloaded through the link given below-
Rule Related to Disciplinary Action Against Officers of Municipal Corporation & Zilla Parishad Dtd.07.03.2015

The salient features of the rules of the School Education and Sports Department of State of Maharashtra Dtd.07.03.2015 are as follows-
1)
Generally in state of Maharashtra the action against the public servant is taken under The Maharashtra Civil Services (Discipline and Appeal) Rules 1979.  However the above mentioned rule has been enacted to expedite inquiry as well as action against the guilty public officers of the Municipal Corporation & Zilla Parishad who fail to discharge their duties under the Right of children to Free and Compulsory Education Act 2009 (RTE Act 2009).

2) The rule declares the local authorities as a competent authority and if the competent authority gets the permission from the Education Commissioner of State of Maharashtra, then the local authority can forward the final report to the Education Commissioner for appropriate legal action against the guilty officer.

3) The important part of this rule is that the competent authority which decides to take appropriate disciplinary action against the concerned public officer has to submit the proposal to the education commissioner of state of Maharashtra under ‘List A’ and and if the same proposal is accepted by the Education Commissioner of State of Maharashtra, then the competent authority has to submit the Final Report of the misconduct and illegality committed by the concerned officer within 2 months.

4) Most important part many readers must have understood after reading the rules above mentioned is that in most of the cases the senior officers only issue the show Cause Notice to the officers against whom the citizens make complaint with relevant evidences, however as per the rules of 2015 above mentioned the competent authority has to take the permission of the Education Commissioner of the State of Maharashtra first and also submit the report not under the general format but under the ‘Lists A & B’ subsequently as explained in the rules above mentioned

5) The general people hence must keep this fact in their mind very clear that-
If the steps of permission for disciplinary action from the Education Commissioner of State of Maharashtra & subsequently the report under ‘List A’ is not submitted by the competent authority to the Education Commissioner of State of Maharashtra then there shall not be initiation of any disciplinary action against the concerned officer against whom such a complaint has been made and inquiry is conducted respectively.
In such circumstances the concerned competent authority or the department shall be held responsible for all the legal consequences for not submitting the report related to the misconduct or the illegality committed by the concerned education officer as per the Lists A & B with prior permission.

6) Education Commissioner after receipt of final report against the concerned officer by the competent authority under ‘Lists A & B’ for the initiation of disciplinary action, if required, shall make necessary changes within 10 days and submit the final proposal for the appropriate action to the state government.

7) The ‘Class A’ and ‘Class B’ officers have also been declared competent to take the action against the ‘Class C’ and ‘Class D’ officers provided that they get the the necessary permission from their senior competent authorities.

In nutshell, the common people should insist on forwarding the proposal to the Education Commissioner of State of Maharashtra mentioned under ‘Lists A & B’ under the rule of 7th March 2015 above mentioned and they should oppose merely issuance of general notice by the senior officers to their subordinate officers for their misconduct,  because the rules above mentioned clearly state that if the the reports are not sent under Lists A &B with prior permission of Commissioner of Education, then no action shall be taken against the officer against whom the citizen has made the complaint.

If the competent authorities do not pay attention to the demand of the common people to to forward the report under Lists A & B of the rules above mentioned, then the people should not waste anytime thereafter and immediately file a complaint before the courts or commissions like Maharashtra State Commission for Protection of Child Rights (MSCPCR), Lokayukt,  Human Rights Commission etc.

We have published the articles for the common people who for inevitable reasons cannot hire the lawyers and want to fight in person before various courts and commissions. The link of the article is as follows-
How to File Complaint at Authorities, Courts & Commissions Without Lawyer
We have also published single page where all the important links of articles related to legal awareness for common people are posted time to time as follows-
English Legal Awareness Articles For Common Man against Corrupt System

Please don’t forget to like, share this article & also join our movement against the corrupt system on Twitter & Facebook Pages as below
https://www.facebook.com/jaihindbks
https://twitter.com/jaihindbks
-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan

Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft

2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) TRAI Remedy to Stop, Ban & Punish the Promotional Telemarketing Caller within 9 days
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Electricity Act 2003- Remedy against Wrong & Excessive Electricity Bills
11) How To File Online RTI Application & First Appeal at State of Maharashtra
12) The Maharashtra Public Records Act 2005-Important Provisions
13) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
14) Maharashtra State Commission for Women- Complaint Mechanism, Powers & Address
15) Address of Police Complaints Authority of Maharashtra, Pune & Navi Mumbai
16) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
17) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
18) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

Disclaimer- None of the authors, contributors, administrators, or anyone else connected with this website, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages. The visitors are advised to take the opinion of their learned counsels before proceeding & relying upon the information above given before approaching any authority, court or commissions.

 

 

Case laws & Legal Provisions against Child Harassment.

This article contains the Indian Statutes & Case laws & applicability of the International Convention for the protection of the Child Rights against the unfortunate incidents of child harassment by the education institutes in India.

Case laws & Legal Provisions against Child Harassment-As many parents do not know which laws & which provisions of the statutes deal with the harassment of the children which has become a routine practice nowdays by the educational institutes to inflict so (like withholding marklist of the child, separating the child from the regular classroom, insulting the child for payment of fees directly/indirectly, not taking the attendance of child etc.) for the want of excessive, illegal & capitation fees, so as per the requests of the parents, the organization hereby provides some basic information about some statutory provisions and case laws in simple words as follows:

That many educational activist & even lawyers always insist on national laws only and neglect the very important international aspect of this issue. The national as well as international aspects are explained as follows-


Case laws & Legal Provisions against Child Harassment by the Schools-
A) International Aspect-
That before the important provisions of the domestic laws of The Right of Children to Free and Compulsory Education Act, 2009 & The Juvenile Justice (Care and Protection of Children) Act, 2015, are explained, as above mentioned, many educational activist & even lawyers forget that there is an international aspect in the form of the convention of The United Nations of November 20, 1989 which is known as the ‘Convention on the Rights of the Child’. The government of India acceded to the Convention on December 11, 1992. National Policy on Education was modified in the year 1992 accordingly.

The important articles and their applicability was very well dealt by the Hon’ble Delhi High Court in Parents Forum For Meaningful Vs Union Of India & Ors.- Writ Petition No.196/1998, On 01/12/2000 the Hon’ble Delhi High Court declared a ban on the practice of corporal punishment in the schools. Allowing a writ petition filed by the Parents Forum for Meaningful Education (PEFMA) and Ors., the Bench comprising Hon’ble Justice Anil Dev Singh and Hon’ble Justice Dr. Mukundam Sharma struck down Rule 37 (1) (ii) and (4) of the Delhi School Education Rules, 1973, holding it violative of Articles 14 (Equality before Law) and 21 (Protection of Life and Personal Liberty) of the Constitution. The Hon’ble High Court also directed the State to ensure that children are not subjected to corporal punishment in schools and they receive education in an environment of freedom and dignity, free from fear.

The Complete judgement above mentioned is attached below-
Parents Forum For Meaningful Vs Union Of India & Ors.
The facts of the case & references to the relevant articles of this international convention in brief are given as follows-
The Para 2 of the Judgement above mentioned reads as-
2. The first petitioner is a parents forum which is registered under the Societies Registration Act XXI of 1860. The second petitioner Smt. Kusum Jain is its President. The petitioners have moved this writ petition by way of public interest litigation seeking inter alia banning of corporal punishment to students in schools. Though in the petition the petitioners also challenges Sub-Rule (1)(b)& 1(iii) of Rule 37 of the Rules, which provide for expulsion and rustication of a student from school, at the time of hearing, however, the learned counsel for the petitioners only advanced arguments relating to the vires of the provisions dealing with corporal punishment. At this stage it will be convenient to set out Rule 37 which reads as under:-
“Rule 37. Forms of disciplinary measures-
(1) The following shall be the disciplinary measures which may be adopted by a school in dealing with-
(a) all students-
(i) detention during the break, for neglect of class work, but no detention shall be made after the school hours,
(ii) corporal punishment.
(b) students who have attained the age of fourteen years-
(i) fine,
(ii) expulsion,
(iii) rustication,
(2) For the avoidance of doubts, it is hereby declared that the disciplinary measures specified in clause (b) of sub-rule (1) shall not be imposed on any student who has not attained the age of fourteen years.
(3) Fine may be imposed on a student who has attained the age of fourteen years in the following cases, namely:
(i) late attendance;
(ii) absence from class without proper application from the parent or guardian;
(iii) truancy;
(iv) willful damage to school property;
(v) delay in payment of school fees and dues;
(4) (a) Corporal punishment may be given by the head of the school in cases of persisting impertinence or rude behavior towards the teachers, physical violence, intemperance and serious form of misbehavior with other students.
(b) Corporal punishment shall not be inflicted on the students who are in ill-health.
(c) Where corporal punishment is imposed, it shall not be severe or excessive and shall be so administered as not to cause bodily injury.
(d) Where cane is used for inflicting any corporal punishment, such punishment shall take the form of strokes not exceeding ten, on the palm of the hand.
(e) Every punishment inflicted on a student shall be recorded in the Conduct Register of such student.

(5) Expulsion shall debar a student from being re-admitted to the school from where he is expelled but shall not preclude his admission with the previous sanction of the Director to any other school.
(6) Where a student is rusticated, he shall not be admitted to any school till the expiry of the period of rustication.
(7) No student shall be expelled or rusticated from a school except after giving the parent or guardian of the students a reasonable opportunity of showing cause against the proposed action.

Notes:
(i) Expulsion or rustication shall be resorted to only in cases of grave offences where the retention of the student in the school is likely to endanger its moral tone of discipline.
(ii) Except in the case of any expulsion or rustication from an unaided minority school, the punishments of expulsion and rustication shall not be imposed without the prior approval of the Director.”
‘3. The above Rule inter alia provides that corporal punishment to a student may be administered by the Head of School in the event of continuous impertinence or rude behavior by the student towards the teachers and in case he indulges in physical violence, intemperance and serious form of misbehavior with other students. Where cane is used for inflicting corporal punishment, it imposes a limit of ten strokes on the hand of the student’.

Further Hon’ble Court has mentioned in Paras 6 to 9 as follows;
6. We have considered the submissions of the learned counsel for the parties. The matter needs to be examined in the light of certain provisions of the Convention on the Rights of the child adopted by the General Assembly of the United Nations on November 20, 1989 (for short ‘Convention on the Rights of the Child’), Articles 14, 21 and 39(f) and (g) of the Constitution, National Policy on Education.’
‘7.The Preamble to the Convention on the Rights of the child reflects that the state parties thereto, recognising the importance of the Child considered the necessity of bringing up the child in the spirit of the ideals proclaimed in the Charter of the United Nations, particularly in the spirit of peace, dignity, tolerance, freedom, equality and solidarity. The Preamble recalls that in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance.’
8. From the Preamble to the Convention it appears that the General Assembly while adopting the same kept in view the Geneva Declaration of the Rights of the Child of 1924, and the Declaration of the Rights of the Child adopted by the General Assembly on November 20, 1959, and recognised in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the International Covenant on Economic, Social and Cultural Rights (in particulars in article 10) and in the statutes and relevant instruments of specialised agencies and international organisations concerned with the welfare of the Child.’
‘9.Article 19 of the Convention mandates the States Parties to take appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation. Article 29 inter alia records the agreement of the States Parties for administering a system of education which develops the child’s personality, talents and mental and physical abilities to the fullest potential, and the preparation of the child for responsible life in the free society in the system of peace, understanding and friendship among all people. The Convention under Article 37(a) declares that no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Articles 39 and 40 recognise the right of the child to be protected from any form of neglect, exploitation, or abuse, or any other form of cruel, inhuman or degrading treatment or punishment and to be treated in a manner consistent with his sense of dignity. At this stage it will be convenient to set out Articles 19, 29, 37, 39 and 40 of the Convention.
Article 19

    1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.
    2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment, and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.”

Further Para 11 of the judgement mentions;

      1. The Government of India acceded to the Convention on December 11, 1992. National Policy on Education was modified in 1992 before acceding to it. It is significant to note that the National Policy is in tune with the Convention inasmuch as it is against imposition of corporal punishment. At this stage it will be convenient to set out para 5.6 of the Policy which envisions this approach. This para reads as follows :-

Child-Centered Approach 5.6 A warm, welcoming and encouraging approach, in which all concerned share solicitude for the needs of the child, is the best motivation for the child to attend school and learn. A child-centered and activity-based process of learning should be adopted at the primary stage. First generation learners should be allowed to set their own pace and be given supplementary remedial instruction. As the child grows, the component of cognitive learning will be increased and skills organized through practice. The policy of non-detention at the primary stage will be retained, making evaluation as disaggregated as feasible. Corporal punishment will be firmly excluded from the educational system and school timings as well as vacations adjusted to the convenience of children.”

Further Para 14 of the judgement mentions;

      1. Article 21 in its expanded horizon confers medley of rights on the person including the following rights:-
      2. A life of dignity.
      3. A life which ensures freedom from arbitrary and despotic control, torture and terror.
      4. Life protected against cruelty, physical or mental violence, injury or abuse, exploitation including sexual abuse.

All these rights are available to the child and he cannot be deprived of the same just because he is small. Being small does not make him a less human being than a grown up. We are not mentioning other rights flowing from Article 21 as they are not relevant for the purposes of present petition. Article 21 makes no distinction between a grown up person and a child. Whatever rights are available to the former are also available to the latter.’
Further Para 29 of the judgement mentions;

      1. Before parting with the case we would like to observe that fundamental rights of the child will have no meaning if they are not protected by the State. In Bhajan Kaur v. Delhi Administration, 1996 III AD (DELHI) 333, it was recognised by this Court that State cannot be a mute spectator to the violation of the rights guaranteed to a person under Article 21 of the Constitution. The State must intervene to secure the rights to an individual. In Usuf Khan alias Dilip Kumar and others vs Manohar Joshi and others, 1999 S.C.C. (Crl.) 577, it was held that the State is obliged to protect law and the Constitution. In discharge of that obligation the State was directed to take action with a view to ensure adequate security cover and protection to the petitioners. Therefore, the State cannot derive any consolation from the fact that the violators are schools and not the State. The State must ensure that corporal punishment to students is excluded from schools. The State and the schools are bound to recognise the right of the children not to be exposed to violence of any kind connected with education. The National Policy in tune with the Convention has adopted child centered approach, where corporal punishment has no place in the system of education. Even otherwise, India being a signatory to the Convention is obliged to protect the child from physical or mental violence or injury while the child is in the care of any person, may be educational institution, parents or legal guardian’.

After making such crystal clear observations, the Hon’ble Delhi High Court struck down the above mentioned rule as unconstitutional.

1) The Juvenile Justice (Care And Protection Of Children) Act, 2015-
That Section 75 of the Act above mentioned reads as follows;
‘Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or willfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both:
Provided that in case it is found that such abandonment of the child by the biological parents is due to circumstances beyond their control, it shall be presumed that such abandonment is not wilful and the penal provisions of this section shall not apply in such cases:
Provided further that if such offence is committed by any person employed by or managing an organisation, which is entrusted with the care and protection of the child, he shall be punished with rigorous imprisonment which may extend up to five years, and fine which may extend up to five lakhs rupees:

Provided also that on account of the aforesaid cruelty, if the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, such person shall be punishable with rigorous imprisonment, not less than three years but which may be extended up to ten years and shall also be liable to fine of five lakhs rupees.
Thus the term ‘whoever’ includes every person having control or charge over the child. The provision includes physical punishment along with the mental harassment also as an offence and for causing, exposing or neglecting a child to cause him unnecessary mental harassment is also declared as an offence under this section.

That pursuant to the above provision recently the Delhi Trial Court recently convicted the Director & Principal of the school  U/S.23 of the Juvenile Justice Act, 2000 (which was later amended to The Juvenile Justice Care And Protection Of Children Act, 2015 & the content of S.23 have been carried in the new amended act by S.75) & slapped fine of Rs.2.5 lacs & 2 months imprisonment for cruelty as they did not allow the 7yr old girl to sit in her class & further neglected her as her parents had raised the issue of uniform and stationeries of the school. Though the matter is at trial stage the latest order in this matter at present is attached here Rajwant Kaur @ Romi Vs. State

2) The Right Of Children To Free And Compulsory Education Act, 2009-
S.17 of the act above mentioned reads as follows;
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.
That many people know about this provisions and recently actions have been taken against some principals under applicable service rules and thereafter they have either been removed or resigned giving ray of hopes to the parents all over the country that if the laws are properly followed and matter is pursued well with use of such provisions and the case laws, good results can be achieved for sure.

The organization  believes that those parents whose children have suffered physical and mental harassment by the education institutes can file the complaints before the police authorities and education department & if no action is taken they can further file the case before The State/National Commissions for Protection of Child Rights or can even appear in person if they follow and study the case laws and statutory provisions given above properly and by taking due diligence at the initial stages of their struggles.

Please don’t forget to like, share this article & also join our movement against the corrupt system on Twitter & Facebook Pages as below
https://www.facebook.com/jaihindbks
https://twitter.com/jaihindbks
-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan


Must Read-Legal Awareness Articles for Common Man as follows-

1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) TRAI Remedy to Stop, Ban & Punish the Promotional Telemarketing Caller within 9 days
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Maharashtra Public Records Act 2005-Important Provisions
11) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
12) Maharashtra State Commission for Women- Complaint Mechanism, Powers & Address
13) Address of Police Complaints Authority of Maharashtra, Pune & Navi Mumbai
14) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
15) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
16) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

Getting Self Declaration & Audit Statement of School Under RTE Act 2009.

This article contains the legal remedies to get the mandatory information of the schools published like infrastructure, audit statements of the schools etc. If the schools do not provide they can be punished & criminally prosecuted too, must read for common people & lawyers.

Getting Self Declaration & Audit Statement of School Under RTE Act 2009. The common people if follow this strategy properly sooner or later should get all the information which is mandatory upon the school managements to provide under the RTE Act 2009 (The Right Of Children To Free and Compulsory Education Act, 2009) to the District Education Officer like infrastructure, number of students, teacher-students ratio, whether pure drinking water is available or not, whether separate toilets for boys and girls are made & most important, even get the certified audit statement of the school which as per the law is mandatory for every school to submit at the District Education Officer. The parents are also unaware of the fact that if the school managements willfully avoid providing these information they can be fined & prosecuted by the concerned government.

Introduction-Getting Self Declaration & Audit Statement of School Under RTE Act 2009-
The RTE Act 2009 (The Right Of Children To Free And Compulsory Education Act, 2009) is applicable to whole of India and as the model rules published by the central government are implemented by many states by formulating the rules, thus principal act is same for all the states and as the rules framed by many states are almost similar and hence the strategy given here may be used by the parents of any states by making necessary modifications).

As the organization has come to know the serious fact that the taking benefit of the ignorance of the parents about existing laws, not only schools but also the corrupt public officers have conspired with such errant schools who loot parents by collecting illegal, excessive and capitation fees and further go up to the extent of inflicting mental and physical punishments upon the innocent children for collection of such illegal fees, it is necessary to provide legal weapons to the parents to fight against such injustice!

Hence parents need to know that if they use laws properly, even a Rs.10/- RTI application can bring the effective and revolutionary results and also may result in stern action not only against the errant schools but also against public officers who conspire with such schools.

Parent’s condition-
It is generally seen that the parents fail to get any type of the information about the schools. Neither the Education Officers nor the schools provide such information to the parents which are of extreme importance like information about the infrastructure, recognition certificate of the school, no objection certificate of the school, certified audit statement, teacher-student ratio, number of urinals and toilets especially whether available to girl and boys separately, whether pure water facility is provided or not etc..
Parents do many visits to the concerned Education Officers, do many protests, launch hunger strikes, file many applications but fail to get the information mentioned above. Many times concerned officials appoint 3 member committee and provide such information to the parents in incomplete manner causing delay of many months, sometimes years thereby causing huge mental, physical harassment to the parents.

Getting Self Declaration & Audit Statement of School Under RTE Act 2009

Some Legal Provisions-
However most of the parents may get pleasant surprise after knowing the fact that there are many provisions existing under the RTE Act 2009 (The Right Of Children To Free and Compulsory Education Act, 2009) and rules made in the year of 2011 in state of Maharashtra (such rules must be existing in other states also) which cast a duty upon Education Officer to publish such a information in the public domain (e.g. official website etc).

In this articles we will focus of how to compel the Education Officer to publish such information about the school in public domain by simply using an RTI application. For this purpose we will see some following provisions under the Maharashtra Right of Children to Free and Compulsory Education Rules, 2011 ( as mentioned above same rules must be existent in other states also)-

As per the rules of 2011 above mentioned, it is mandatory upon the schools to submit the Form I, Form II & Form III before the state government. For the sake of convenience we will take some important provisions related to these forms as follows:


A) Various Information Under Form I-

Rule No.11 states as follows:
’11.Recognition of schools for purposes of section 18.
(2) Every self declaration received in Form-1 shall be placed by the District Education Officer in public domain displaying it on a notice board, website etc, within fifteen days of its receipt.’
Further Form I includes following information under the rules above mentioned-
Recognition of the school, infrastructure, grants, registration details of the trust, use of the building of the school, number of students, teacher students ratio, whether pure drinking water is available or not, whether separate toilets for boys and girls are available or not etc.
It is clear that the rules make it compulsory and cast mandatory duty upon the every Education Officer to publish such information in public domain!

B) Certified Audit Statement under Form II-
As per the Form-II, the school has to accept 19 conditions set by the act and further has to give an undertaking that they shall not violate these norms. For e.g., as per norm 15 as follows-
15.The accounts should be audited and certified by a Chartered Accountant and proper accounts statements should be prepared as per rules. A copy each of the Statements of Accounts should be sent to the DEO every year.
Which clearly implies that DEO has all the information of the profit loss and expenditure details of all the schools and yet when parents complain to him about exorbitant fees, they willfully show ignorance and keep playing delay tactics with the parents!

What if the schools do not follow these rules:
As per the act and rules, criminal prosecution can be initiated against the concerned schools and also U/S.18(5) of the Act, fine of Rupee One lac can be imposed against the school and further fine of Rs.10000/- per day the rules were violated can be imposed against the schools.

How to get such information published in public domain or receive it personally-
Many parents must have heard about Right to Information Act 2005. It is unfortunate that many people do not use provisions of this act effectively and those parents who do use, after filing and rejection of RTI application, most of them do not follow the remedies of First Appeal or Second Appeal and leave the battle in half.

The public officers refusing to give such information can be punished by imposing fine of Rs.25000/- which further spoils their service records and also information refused within prescribed time can be given free of cost to the applicant. Recently PIO of Ministry of Education was fined Rs.25000/- for not providing the information to the education activist from Mumbai, the detailed article can be read as follows-
Maharashtra Ministry of Education neglects RTI Act 2005 gets slapped with fine of Rs.25000/-

Hence appeal is made to all the parents to use the RTI act effectively. If it is properly used, thousands of public officers may be punished and be imposed fine of Rs.25000/- which may cause loss to the public exchequer and under these circumstances state government has to intervene or if they don’t courts for sure do intervene and strict appropriate actions and directions are given to such department.

Thus a simple Rs.10/- RTI application can teach permanent lesson to the errant schools and corrupt public officers if used with persistence.

How to file RTI-

Some sample RTIs have been given below for the parents of Maharashtra as follows:-

A) Application to get Form I, Self Declaration Form-

Application Under Right to Information Act 2005
Date-

Affix Rs.10 Court Fee Stamp

To,

The Public Information Officer

Office of District Education Officer

From-

(Applicant’s name and address including contact details)

Period of information-

Reference to information- The Right Of Children To Free and Compulsory Education Act, 2009 and rules made in the year of 2011.

Particulars of the information-

Dear Sir/Madam,

Please provide me the information along with the copies of the relevant documents of –

1) The copy of the Form I, Self Declaration form submitted by the ‘——’ school at your office.

2) Details of the information published by your office in public domain under the rule no.11 of 2011-
(11.Recognition of schools for purposes of section 18. (2)- Every self declaration received in Form-1 shall be placed by the District Education Officer in public domain displaying it on a notice board, website etc, within fifteen days of its receipt).

3) (If no action is taken as per the rule no.11) reasons for not displaying such self declaration of ‘—’ school in public domain.
Whether applicant belongs to Below Poverty Line-Yes/No

Mode of information to be provided– In person/ Normal Post/ Speed Post

Yours Sincerely,


B) RTI Application to get certified audit statement of the school-

Application Under Right to Information Act 2005

Date-
Affix Rs.10 Court Fee Stamp

To,

The Public Information Officer

Office of District Education Officer

From-

(Applicant’s name and address including contact details)

Period of information-

Reference to information- The Right Of Children To Free and Compulsory Education Act, 2009 and rules made in the year of 2011.

Particulars of the information-

Dear Sir/Madam,

Please provide me the information along with the copies of the relevant documents of –

1) Copy of the Certified Audit Statement of ‘—’ school, as per the rule of 2012, Form II norm 15-

’15.The accounts should be audited and certified by a Chartered Accountant and proper accounts statements should be prepared as per rules. A copy each of the Statements of Accounts should be sent to the DEO every year.’

2) Action taken by your department if such Chartered Accountant Certified Audit Statement is not submitted at your office.

Whether applicant belongs to Below Poverty Line-Yes/No

Mode of information to be provided– In person/ Normal Post/ Speed Post

Yours Sincerely,

Appeal to the parents-

Imagine if not lacs, even if thousands of parents had filed and pursued in this way since the enactment of The Right Of Children To Free and Compulsory Education Act, 2009 and rules framed thereafter, till date, information of the thousands of schools could have been put online and in public domain which further could have exposed their illegalities abovementioned. Also it could have exposed many Education Officers who deliberately did not upload such information in public domain.

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-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan

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