Right of Children to Free and Compulsory Education Act, 2009

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    Compliance Audit on Admissions of Children Belonging to Weaker Sections and Disadvantaged Groups by Unaided Non-Minority Schools under RTE in Tamil Nadu
    (CAG of India, 29-09-2015) CAG of India
    Even though the Act came into effect from 1 April 2010 and GoTN notified the Rules in November 2011, GoTN did not notify the local authorities to ensure proper implementation of provisions of the Act. Out of 1,866 unaided non-minority schools in the test-checked districts, 801 schools did not provide 25 per cent reservation in admission and in 69 test-checked schools, as against 929 children to be admitted under the Act, only 407 children were admitted. Children were admitted under the 25 per cent reservation without ensuring their eligibility for such admission. Fifty nine schools collected fees from students admitted in violation of provisions of the Act. The children admitted under the Act were not provided with free uniform or textbooks and writing materials by 83 schools. GoTN did not provide funds for reimbursement of expenditure to unaided non-minority schools. The monitoring of implementation of the Act was inadequate.
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    Performance Audit on Implementation of Right to Education Act in Andhra Pradesh (2010-2017)
    (CAG of India, 06-04-2018) CAG of India
    The Right of Children to Free and Compulsory Education (RTE) Act, 2009 became operational with effect from 01 April 2010 to make elementary education a right of all children. The RTE Act provides right to free and compulsory education to all children in the age group of 6-14 years in a neighbourhood school from class 1 to class 8. Government of Andhra Pradesh notified the AP Right of Children to Free and Compulsory Education Rules (RTE Rules), 2010. Performance Audit of implementation of the RTE Act in the State was conducted covering the period from inception (2010-11) to 2016-17. An overview of findings of this Performance Audit is given below: Conduct of Survey RTE Rules, 2010 stipulated that Local authority should maintain a record of all children through a household survey from their birth till they attain the age of 14 years and the data should be updated each year. Scrutiny of records in the test-checked schools revealed that no household survey was conducted during 2010-17 to identify all the children in the age group of 6-14 years. (Paragraph 2.2.4.1) School mapping and neighbourhood schools RTE Rules provided for Mapping of schools to identify and establish Primary and Upper Primary schools within the neighbourhood (i.e., one and three km respectively from the habitation). Government had not conducted mapping of schools. (Paragraph 2.2.4.2) Targets for Enrolment and Trends of enrolment Government organised programmes like Badi Bata, Badi Pilustondi, Mana Vuru-Mana Badi to enroll students in Government Schools. However, the Gross Enrolment Ratio in respect of Primary classes decreased from 91 per cent in 2010-11 to 83 per cent in 2016-17. (Paragraphs 2.2.4.4 and 2.2.4.5) Dropout rate of children Child tracking system to monitor retention and academic progress of children, which the State Government had committed in 2010-11, was still not in place. (Paragraph 2.2.4.8) Pupil-Teacher Ratio There were no teachers in 1,014 Primary schools and 37 Upper Primary schools during 2016-17. Services of teachers from neighbouring schools/ Vidya Volunteers were being utilised in these schools. Audit observed in sampled schools that shortage of teachers was mainly in Mathematics, Science and Social Studies subjects which affected the performance of the children. (Paragraph 2.2.4.11) Supply of Uniforms Uniforms were to be supplied to children during June-August every academic year. Audit observed that uniforms were not supplied to 37 per cent of children in the test-checked schools. Audit observed in test-checked districts that during 2010-17, school uniforms were supplied during the months of December-April. (Paragraph 2.2.4.17) Appointment of Chartered Accountants A Selection committee was to select Chartered Accountant (CA) firm and the Executive Council of Sarva Shiksha Abhiyan (SSA) was to approve it. However, the Principal Secretary, School Education approved the appointment of Chartered Accountants without committee’s involvement from 2011-12. (Paragraph 2.2.5.7) State Advisory Council RTE Rules, 2010 envisaged constitution of a State Advisory Council chaired by the Minister for School Education to advise the State Government on implementation of the provisions of the Act in an effective manner. The Council was to meet once in every three months. Government constituted the Council belatedly in 2014, after four years of implementation of the Rules/Act. However, the Council had not conducted any meeting as of July 2017 due to pre-occupation of Council members. (Paragraph 2.2.6.1) Conclusion Comprehensive household survey of children in the age group of 6-14 years was not conducted. Government had not designed Geographical Information System (GIS) mapping to identify the availability of schools in the neighbourhood of habitations as stipulated. There was shortage of teachers at both Primary and Upper Primary levels. Infrastructure deficiencies continued. Department had not taken adequate steps to improve the learning levels and performance of students. Government was yet to achieve the objective of the ‘Right of Children to free and compulsory education’ Act.
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    Performance Audit on Implementation of Right to Education Act in Tripura (2012-2017)
    (CAG of India, 23-11-2018) CAG of India
    The Constitution (Eighty Sixth Amendment) Act, 2002 inserted Article 21A in the Constitution of India to provide free and compulsory education of all children in the age group of six to 14 years as a Fundamental Right. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, represents consequential legislation envisaged under article 21A. This Act provides that every child has a right to full time elementary education of satisfactory and equitable quality in a formal neighbourhood school which satisfies certain essential norms and standards. Article 21A and the RTE Act, 2009 came into effect on 1 April 2010. Sarva Shiksha Abhiyan (SSA) is the main programme for universalising elementary education. SSA is also the main vehicle for implementing the provision of the RTE Act, 2009. Its overall goals include universal access and retention, bridging of gender and social category gaps in education and enhancement of learning levels of children. In terms of Section 38(1) of the RTE Act, 2009 the State has come out with its own set of rules named ‘The Right of Children to Free and Compulsory Education Rules (Tripura)’, 2011 which was notified in July 2011 and came into effect from August 2011. Sarva Shiksha Abhiyan (SSA) was being implemented in Tripura through a society named “Sarva Shiksha Abhiyan, Rajya Mission Tripura” from May 2004. One of the major achievement of the State in implementation of RTE Act, 2009 had been improvement in retention rate of students in school and decline in dropout rate. However, lack of a comprehensive approach in its execution had resulted in many areas remaining unaddressed. As a result, issues of quality remained a major area of concern. The status of training of teachers was poor with only 15.86 per cent of its teachers at primary level and 17.29 per cent at upper primary level could be trained. Inadequate infrastructure in the schools had acted as a constraining factor in ensuring an atmosphere conducive for imparting education. Due to improper planning and delay in implementation of the programme, huge amount of funds remained unspent at the end of every year. Monitoring was poor. Review meetings of monitoring committee were inadequate at every level on implementation of RTE Act, 2009. Shortfall in SMC meetings at the school level were indicators of the lack of internal control even at the individual school level resulting in poor implementation or non implementation of provisions of the Act.
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    Performance Audit on Implementation of the Right to Education Act in Telangana (2012-2017)
    (CAG of India, 29-03-2018) CAG of India
    The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) became operational with effect from 01 April 2010 to make elementary education (Class I to VIII) a fundamental right of all children. The Act provides that all children in the age group of six to fourteen years have a right to free and compulsory education in a neighbourhood school within three years of the enactment of the Act. The Performance Audit of implementation of the RTE Act was conducted (April - July 2017) covering the period from 2012-13 to 2016-17. There was significant shortfall (50 per cent) in release of funds by GoI and the State Government as compared to the budget approved by Project Approval Board (PAB) during 2014-17. There were considerable delays in release of funds by GoI as well as the State Government to the Telangana Sarva Shiksha Abhiyan Society (TSSA). In Government Primary Schools, the enrolment declined by 1.12 lakh during 2014-17. On the other hand, in case of Private Primary Schools, enrolment increased by 0.61 lakh during the same period. The enrolment in Government Upper Primary Schools decreased by 0.20 lakh, whereas enrolment increased by 0.03 lakh in Private Upper Primary Schools. There was high dropout rate of students during transition from class I to VIII in respect of SC/ST boys and girls. Fourteen to 26 per cent children at Primary level and 21 to 47 per cent in Upper Primary level scored less than 40 per cent during the years 2014-17. Child tracking system was not in existence in the State and thereby continuity of education of children in one school or other could not be ensured. Under Inclusive Education to Children with Special Needs (CWSN) ₹ 15.42 crore (35 per cent) of funds approved by PAB were only spent during 2014-17. The State had not implemented provisions of RTE Act and the State Rules with regard to 25 per cent reservation for disadvantaged group children in private unaided schools. The benefit of transport allowance for attending neighbourhood schools was denied to 44,412 eligible/identified children in the State during 2014-15 and 2016-17. The schools were largely deficient in basic infrastructural facilities/amenities.
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    Performance Audit on Right to Education Act in Gujarat (2012-2017)
    (CAG of India, 2020) CAG of India
    To provide free and compulsory education’ to all children in the age group of six to 14 years, Article 21-A was inserted in the Constitution of India through the Constitution (Eighty-Sixth Amendment) Act, 2002. Consequently, Government of India (Gol) enacted the Right of Children to Free and Compulsory Education (RTE) Act in August 2009. The RTE Act provides that every child in the age group of six to 14 years shall have a right to free and compulsory education in a neighbourhood school till completion of elementary education’. The key objective of RTE Act, 2009 was universalisation of elementary education which encompasses three major aspects i.e. access, enrolment and retention of children in the age group of six to 14 years. The RTE Act became operative in Gujarat State with effect from April 2010 and the State Government notified (February 2012) the Gujarat RTE (GRTE) Rules, 2012. The literacy rate in Gujarat increased from 69.14 per cent in 2001 (Census 2001) 10 79.31 per cent in 2011 (Census 2011). However, to improve the same further, effective implementation of the RTE Act was an essential requirement. The Principal Secretary (PS). Education Department is the administrative head of the department and is responsible for implementation of RTE Act in the State. The PS is assisted by State Project Director (SPD) of SSA under Gujarat Council of Elementary Education® (GCEE) and Director of Primary Education (DoPE) at State level. The SPD of SSA is assisted by District Project Co-ordinators (DPCs)/Additional District Project Co-ordinators (ADPCs) at district level, Block Resource Centre Co-ordinators/ Urban Resource Centre Co-ordinators (BRCCs/URCCs) at taluka level and Cluster Resource Centre Co-ordinators (CRCCs) for cluster* of schools. The DoPE is responsible for granting recognition to Primary and Upper Primary schools and for implementing Section 12 of the RTE Act, 2009. Section 12 envisages admission of children of weaker sections and disadvantaged group to the extent of 25 per cent of total seats available in Class — I in unaided non-minority schools and monitor the same till completion of elementary education. The DoPE is assisted by District Primary Education Officers (DPEOs) at district level, District Education Officers (DEOs)/Administrative Officers of Municipal School Board for corporation areas and Taluka Primary Education Officers (TPEOs) at taluka level. Gujarat State Commission for Protection of Child Rights (GSCPCR) is responsible for safeguarding child rights. Elementary Education in the State is imparted through 44,545 schools as of March 2017 (33,647 Government Schools, 911 Private Aided Schools and 9,987 Private Schools). Audit was conducted with the objective of deriving an assurance about the efficacy of implementation of RTE Act in the State. Audit test-checked (March to October 2017) the records of GSCPCR, SPD and DoPE, field offices of SPD and DoPE at eight test-checked districts’. Audit also test-checked the records at 32 taluka level field offices (four talukas of each selected district) covering the period 2012-17. Audit also conducted joint field visit of 24 Government Primary Schools (PSs) and 136 Government Upper Primary Schools (UPSs) of 32 selected talukas. Audit visited 25 private schools of Anand, Ahmedabad and Surendranagar districts for assessing the implementation of admission to children of weaker sections and disadvantaged groups against 25 per cent reserved seats.