Question : Right to Education

(a) whether the Government under Right of Children to Free and Compulsory Education
(RTE) Act, 2009 has made it mandatory for private schools to reserve 25 per cent seats for
Economically Weaker Section students, the burden of which is borne by the Government;
(b) if so, the name of States implementing this act;
(c) the details of percentage of seats filled by private schools which are reserved for
economically backward students across the country including the State of Telangana in the
last three years, State-wise and year-wise;
(d) whether the State of Telangana is lagging behind in implementing the RTE Act with a fill
rate of less than one per cent;
(e) the details of action taken against private schools not implementing RTE Act especially in
the State of Telangana; and
(f) whether the Government proposes to set up any Committee to examine the
implementation of RTE Act, if so, the details thereof?

MINISTER OF HUMAN RESOURCE DEVELOPMENT
(SHRI RAMESH POKHRIYAL ''NISHANK'')

(a) to (f): The Right of Children to Free and Compulsory Education (RTE) Act, 2009, is
applicable to all States and Union Territories (UTs) and mandates the appropriate
Government to provide free and compulsory elementary education to every child of the age 6
to 14 years in a neighbourhood school. Section 12(1)(c) of the RTE Act, 2009 provides for
admission of children belonging to weaker sections and disadvantageous groups in the
neighbourhood schools in Class I to the extent of at least 25 percent of the strength of that
class.
The details of students admitted under Section 12(1)(c) of the RTE Act, 2009 during
the last three years is at Annexure.
For implementation of Section 12(1)(c) of the RTE Act, the respective State and UT
Governments are required to notify the disadvantaged groups and weaker sections, notify per
child cost and start admissions in private un-aided schools as per the procedure laid down by
them. All States and UTs except the State of Telangana, Jammu & Kashmir and Ladakh have
notified the disadvantaged groups and weaker sections eligible for admission under Section
12(1)(c) of the RTE Act. Telangana has also not notified per child cost on the basis of which
reimbursement is made by the States to the private schools.
Education is in the Concurrent List of the Constitution and majority of the schools are
under the domain of the respective State and UT Government which is the appropriate
Government under the RTE Act. Ministry of Human Resource Development (MHRD) vide
letter no 12-5/2016-EE.11 dated 25.05.2016 and D.O. letter No. 12-12/2018-IS-5 dated
13.11.2018 requested States/UTs to carry out a ground assessment of private unaided schools
across the country to ensure compliance with the provisions of Section 12 of RTE Act, 2009.
Further, MHRD, in various meetings like State Education Secretaries Conference, State/
Regional workshops, Project Approval Board Meetings, has been advising/ guiding State/ UT
Governments to emphasise on implementation of Section 12(1)(c) of the RTE Act, 2009.
****