Right to Education Act India: Free Education Rights for Every Child

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Legal Awareness

Every child in India between 6 and 14 years of age has a fundamental right to free and compulsory education guaranteed by Article 21A of the Constitution and enforced through the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). Furthermore, private schools must reserve 25% of their seats for children from economically weaker sections (EWS) and disadvantaged groups completely free of charge. However, millions of families across Andhra Pradesh do not know about these rights and consequently miss life-changing educational opportunities for their children. Advocate Ganta Surya Kiran at 19 Law Chambers helps families understand and enforce RTE rights.

What Does the RTE Act Guarantee?

Free and Compulsory Education from Class 1 to Class 8: Every child between 6 and 14 years has the right to attend a neighbourhood government school completely free of charge. Moreover, the government must provide the school — not the child’s family. Consequently, parents cannot be asked to pay any fee, or contribute to school infrastructure or activities in government schools.

25% Reservation in Private Schools: Every private unaided school must admit at least 25% of its seats in Class 1 (or the entry-level class) from EWS and disadvantaged group children. Furthermore, the government reimburses the school for these students at the government school fee rate. Consequently, children from families with annual income below Rs 3.5 lakh (in many states verify AP’s current threshold) can attend private schools entirely free.

No Capitation Fee or Screening: Private schools cannot charge any capitation fee (donation) for RTE seats. Furthermore, they cannot conduct any entrance examination or interview of the child or parents for RTE admission. Consequently, any school charging fees or conducting tests for RTE seats is violating the law.

No Detention Policy (Classes 1 to 8): Schools cannot detain (fail) any student from Class 1 to Class 8. Moreover, students must be promoted each year while receiving additional learning support if needed. However, this policy has been modified for Classes 5 and 8 in recent years check current AP government notification for updated position.

Quality Standards: RTE mandates specific teacher-student ratios, minimum school infrastructure, trained teachers, and teaching hours. Furthermore, states must ensure all schools meet these standards within prescribed timelines.

How to Apply for RTE 25% Reservation Admission in AP

Step 1 — Check Eligibility Confirm your child’s age (must be between 6 and entry-level class age), your family’s annual income (below the state-specified threshold for EWS), and your residence (must be within the defined neighbourhood area of the school). Furthermore, gather supporting documents: birth certificate of child, income certificate from Tahsildar, Aadhaar card, residence proof, and caste certificate if applicable.

Step 2 — Apply Online Through AP Government Portal Andhra Pradesh conducts RTE 25% admissions through a centralised online lottery system. Specifically, apply on the AP School Education Department’s official portal during the designated admission window typically announced in February to March each year. Furthermore, list your preferred schools in order of preference.

Step 3 — Lottery and Seat Allotment Seats are allocated through a computer-generated lottery ensuring transparency and eliminating favouritism. Moreover, selected children receive admission orders specifying the allotted school. Consequently, report to the allotted school with the admission order and documents within the specified period.

Step 4 — Complain if School Refuses Admission If an allotted school refuses to admit your child  file a complaint immediately with the District Education Officer (DEO). Furthermore, if the DEO does not act within 30 days — file a Writ Petition before the High Court of AP directing the school to grant admission. Read: Writ Petition High Court AP.

What to Do if a School Violates RTE Rights

Several common RTE violations occur in Andhra Pradesh schools. Specifically: demanding fees from RTE-admitted students, conducting entrance tests for RTE seats, refusing to admit children with the correct documents, expelling students without following RTE procedures, and failing to maintain prescribed teacher-student ratios.

Action: File a written complaint with the Block Education Officer (BEO) or District Education Officer (DEO). Furthermore, if no action follows within 30 days file an RTI application demanding the action taken on your complaint. Read: Right to Information RTI India. Moreover, approach the State Commission for Protection of Child Rights (SCPCR) which has specific powers to enforce RTE Act compliance.

Frequently Asked Questions

Q: My child is above 14 years but never attended school. Does RTE apply?
The RTE Act covers ages 6 to 14. However, special provisions exist for out-of-school children above 6 including age-appropriate admission and bridge courses. Furthermore, the AP government runs specific programmes for older out-of-school children contact the DEO for guidance on special enrolment provisions.

Q: Can a private school expel an RTE-admitted student for non-payment of fees?
No — RTE-admitted students pay no fees. Moreover, private schools cannot expel or harass RTE students on any fee-related ground. Consequently, any such threat is a direct RTE Act violation report to the DEO immediately.

Q: Is free legal help available if my child’s RTE rights are violated?
Yes — DLSA Visakhapatnam provides free legal aid for RTE enforcement matters. Furthermore, NALSA — nalsa.gov.in has specific resources for child rights. Additionally, the State Commission for Protection of Child Rights handles RTE complaints directly. Read: Free Legal Aid in AP.

Also read: Senior Citizen Legal Rights India | Free Legal Aid in AP | Best Lawyers in Vizag

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