Fees Fixed by Committee for Schools which had appealed in the High Court

The details of fees fixed by the Committee headed by Justice S.R.Singaravelu for the schools whose appeals had been disposed off by the Hon'ble High Court of Madras have been published in http://www.tn.gov.in/departments/sedu/feedetermination_SRS_2012_13/courtcases/matric/11_Coimbatore/Fixation.pdf.  The fees is for the years 2012-13 to 2014-15.

SWAP Condoles the bereavement of Shri. M. Karunagaran, District Collector, Coimbatore.

WITH A HEAVY HEART WE CONDOLE THE SUDDEN DEMISE OF SMT. HEMA KARUNAGARAN, DEPUTY COMMISSIONER OF POLICE, COIMBATORE ON 4.11.2012.  OUR HEART FELT CONDOLENCES TO HER HUSBAND SHRI. M. KARUNAGARAN, OUR BELOVED DISTRICT COLLECTOR, TO THEIR CHILDREN AND TO THEIR FAMILY MEMBERS.  MAY HER SOUL REST IN PEACE.

THIS CITY WILL EVER REMEMBER THE SERVICES OF THIS GOOD INTENTIONED POLICE OFFICER WHO WAS EVER WILLING TO HELP PEOPLE IN DISTRESS.

MAY GOD GRANT HER SENSITIVE HUSBAND AND HER YOUNG CHILDREN THE COURAGE TO FACE THIS TRAGEDY.

All India Conference of Parents Association to be held at Delhi on 13.1.2013

All India Parents Association (AIPA) will be organizing its Ist All India Conference on Sunday the 13th January 2013 at Gandhi Peace Foundation Hall, Deen Dayal Upadhyay Marg, near ITO, New Delhi, to push for its Three major demands namely 

1. Need for a Central legislation for regulating Fee and Other Charges in unaided 
private schools.( National Law to Regulate Fee in unaided private schools)

2. Provision for minimum of 50% representation to the parents in the School 
management committees in unaided private schools.

3. Upgrading the standard of all government, municipal or schools run by any other 
authority to the minimum standard equivalent to the level of Kendriya Vidhyalaya 
(Central Schools).

We would like participation from all States/ Districts.

Those who are interested to participate in the conference may register. 
The timings of the conference and the registration Information will be provided in tomorrows release
Any suggestion may be forwarded at isgambhir@gmail.com,
or contact 9810133325

ABHIMANYUS AND ARJUNAS

OF ABHIMANYUS FIRST:

        

A 15 year old boy passes his matric exam with flying colours.  He scores 91%.  He is happy, his parents are happy.  His friends of the same class are all given admission into the 11^th on the very day of results or on the very next day – even those who have scored lesser – in his own school.  But in his case, the school says ‘we do not want to give admission to you because your father is one of the members of the Parents’ Association’. 

The Parents’ Association approaches the Principal. He gives a cold shoulder.  After repeated pleas, a representation is made to the District Collector, Chief Educational Officer and Inspector of Matriculation Schools.  An enquiry is ordered. 

When the Inspector of matriculation schools visits the concerned school, the management parades almost all the teachers, armed with separate letters, addressed to the Inspector of Matriculation Schools, stating that the behaviour of the concerned student was bad.  Reason for their not taking action earlier was that they did were waiting for him to complete his Matric.  Among the accusations about character were that he used to disturb his pals in the class; he used to disturb others standing around him during assembly, during prayer, even during playing of national anthem; he used to back-answer to teachers; he used to be rough; he was using his father’s post (father works as a courier in a Bank), he did not listen in the class; he showed ugly signs to some female teacher; because of him another female teacher had resigned from the school, etc. (Incidently the Times of India had verified this allegation and had reported that the Teacher concerned had told them that the student was in fact an excellent student)  The accusations would look like the boy was a monster. And even one of the said acts, had they actually been performed, in a private school, that too a Christian Institution at that, would not have been tolerated (quite rightly) and the parent would have been summoned and reprimanded and if repeated would have been entered in the progress card or the diary of the student.  No such thing had happened.  Further, the Inspector of Matriculation School had also quite conscientiously conducted an enquiry with the other class mates of the student.  They all refuted the contentions of the management-tutored-statements of their teachers.  Accordingly, the IMS issues a letter to the school management stating that their accusation against the student lacks evidence on enquiry and that considering the attendance of the student and his percentage of marks he may be considered for admission in the same school.

There is silence from the side of the management.  Since it had already been almost 3 weeks since the classes had started and nothing was yet known regarding the decision of the management of the school, the Parents’ Association decided to meet the Principal before once again taking up the matter with the State administration.  This time, to give moral support to these parents, the Parents’ Association representatives of other schools in the city and particularly in the vicinity decide to meet the Parent of the said boy outside the school. 

But there is a battalion of Police posted on the outskirts of the school to prevent the parents from even standing and talking there.  Upon stating that the SWAP had made a complaint to the Commissioner of Police on the issue and that we were also interested in knowing the outcome of the issue, the Inspector assures to know the same from the Principal.  He takes the Parents of the boy, the student and one representative of the Parents’ Association of the school and meets the Principal.  All this happens after the children have gone to their classes after their morning assembly.  The Principal refusing to give any clear cut answer, merely states that he has already replied to the IMS.

There after the parents representatives decide to meet the District Collector again. 

In the meanwhile, it is reported that after the Parents left the place, a battalion of teaching or non-teaching staff started abusing the gathered media persons, from within the campus and it is also stated that some of these visuals had been aired.

In the meanwhile, not knowing what to do, the Parent is advised by his well wishers to approach the Hon’ble High Court on a writ. And upon knowing that the school was not going to reconsider their decision, he gives a go ahead to his advocate to file the Writ in the Court.

The High Court admits the petition and issues notice to the Government and the concerned school.

In the meanwhile, the IMS who gets the reply of the school, finds that the school had given fresh conditions for admitting the student.  They wanted an undertaking from the Parents’ Association and the Parent of the student that there will not be any ‘interference’ from them in the administration of the school.  The demand against the so called ‘interference’ was nothing but a blatant demand that there should not be any questions about whatever fees the school shall determine in violation of the Act and Rules framed by the Government for the purpose – because the Parents’ Association it self had been formed only due to this dispute.

In the High Court the school reiterates all the allegations against the character of the student which they had made before the IMS and also show case the letters given by all the teachers on the same day.  They also allege misbehaviour on the part of the Parent and the Parents’ Association.  They plead that due to these they were not able to run the school at all.  The school which had no qualms in demanding higher fees than that was determined, in spite of an Act of Legislature and Rules framed by the Government and the specific injunction against such action, issued by the District Collector in his meeting on 10.3.2012, however had no qualms in claiming that the mere presence of some parents outside the gates of the school to the grieving student and his parents a moral support was a ‘demonstration’ or a ‘dharna’ against the injunctions of the District Collector in the very same meeting and that the peace and tranquility of their institution was disturbed.

And the Hon’ble High Court’s Honourable Judge who heard the matter swallowed the entire tale put forth by the School.  It was not even asked how the final decision of the school in the matter was stated to have been taken on the very day the Principal was filing the counter affidavit and how such a decision could be taken on that date, when the matter was already sub-judice.

The Government Pleader who also had received notice in the case, who ought to have got the matters verified with the District Collector or CEO of the District, did not find it fit to put forth before the Honourable Court that the administration of the District and Education department had found that the allegations were without substance.  In fact the IMS had clearly stated in his letter to the school that their condition regarding Association not ‘interfering’ with administration of the school was a clear contradiction in terms of their earlier position.  This fact also the Government Pleader failed to put forth before the Judge.

The claim of the school that the Parents’ Association was a rebel body and that it was functioning in spite of an official PTA functioning in the school, which was a blatant lie, was also not countered by the State’s PP.

The Court also did not go into why there would be a Rebel body, particularly of Parents and even if it existed, whether constitutionally it was incorrect for adults to form associations in the society, etc.

There was no attempt to verify the allegation of the School that these poor parents wielded great influence with the Police.

Result was that the Hon’ble High Court in dismissing the petition of the parent on behalf of the student came down heavily on the character of the student, the Parent and justified the action of the School.  All this apart from their holding that even other wise the Miniority Institutions were free to decide on Admissions on their own.

If anyone thought that such a ‘Chackra Vyuha’ of a legal system would not have been engineered in this country against a tender youth of 15 years, that ‘maharathas’ with legal acumen would be arrayed against him and law will be a mute witness in the execution, they are wrong.  It has happened in the present age and the student is from Coimbatore.

No one involved in the episode, for a moment appears to have considered what respect the young mind would have for our system of justice and jurispudence, in his future years of life.

AND ON ARJUNAS NOW:

          If some one thought that only novice of our legal system could be felled like this, they are wrong. 

Even when a Senior Advocate of the High Court who was to go to the Supreme Court to file a case – a public interest petition – was brutally beaten up and maimed, after more than a decade of proceedings, the Hon’ble judicial system has not been able to lay its hands on the persons who had perpetuated such a heinous crime - against one of their own officers.

Reacting to this, the victim himself a great legal luminary stated:  “There is always a divine punishment which one cannot escape”.

If these are indications for the times to come, the dark ages are back again.

NCPCR ASSURES TO INTERVENE

WE HAD BEEN REQUESTING THE INTERVENTION OF THE NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS (NCPCR) IN THE MATTER RELATED TO COERCION, ILL-TREATMENT AND DISCRIMINATION OF CHILDREN TO MAKE THEIR PARENTS PAY EXTRA FEES THAN THAT HAS BEEN DETERMINED BY THE FEE DETERMINATION COMMITTEE.  WE HAVE BEEN OF CONSISTENT VIEW THAT THESE TACTICS BY THE SCHOOLS WERE A BREACH OF FUNDAMENTAL RIGHTS, HUMAN RIGHTS AND CHILD RIGHTS.  TO OUR GREAT RELIEF AND JOY, A MEMBER OF THE NCPCR HAS SOUGHT COMPLAINTS ON THE ABOVE ISSUES.  THE ADDRESS TO WHICH THE COMPLAINTS ARE TO BE SENT ARE GIVEN IN THE LINK : http://www.facebook.com/photo.php?fbid=432601220093930&set=a.203522466335141.45811.118933758127346&type=1&theater.  

MEMBERS ARE REQUESTED TO GIVE WIDE COVERAGE.

All India Conference on Abolishing Commercialisation of Education and Building Common School system

Please see the following link on the Conference to be held at Chennai on 30th of June and 1st of July 2012.

http://www.thisconference.com/index.php?option=com_sobi2&sobi2Task=sobi2Details&sobi2Id=8946&Itemid=63

OH LORD! PLEASE SAVE OUR CHILDREN

“Probably the principles and the elements, on which the regular gravitations of the moral, as of the material, world depend, had complained.  Smoking blood, over-filled cemeteries, mothers in tears, - these are formidable pleaders.  When the earth is suffering from too heavy a burden, there are mysterious groanings of the shades, to which the abyss lends an ear.”

These prophetic words are not by any Indian mythological author, justifying any Avathar.   

They are from Victor Hugo. 

Let us read a little more to get to the context.

“It was time that this vast man should fall.

The excessive weight of this man in human destiny disturbed the balance.  This individual alone counted for more than a universal group.  These plethoras of all human vitality concentrated in a single head; the world mounting to the brain of one man,- this would be mortal to civilization were to last.  The moment had arrived for the incorruptible and supreme equity to alter its plan.”

Was he talking about Ravana?

No, but of a similar superior being – Napoleon Bonaparte.

He himself explains it: 

“Was it possible that Napoleon should have won that battle?  We answer No.  Why? Because of Wellington?  Because of Blucher? No.  Because of God.”

These words have become true again and again in history whenever some power becomes too much intoxicated, self-indulgent and merciless towards other living beings. 

Rabindranath Tagore states:  

“Power can be measured.  Its volume, its weight, its momentum can all be brought within the purview of mathematics  So it is the endeavour of those who hold Power to be supreme, to increase in bulk.  They would repeatedly multiply numbers, - the number of men, the number of coins, the number of appliances.  When they strive for success they sacrifice others’ wealth, others’ rights, others’ lives; for sacrifice is the essence of the cult of Power; and the earth is running red with the blood of that sacrifice.

.....

 

But when engaged in adding up the quantities of these forces and facts of Power, we do not find them to be an ever-increasing series.  In our pursuit of the principle of accumulation we are all of a sudden held up by stumbling upon the principle of check which bars the way.  We discover that there is not only onward motion, but there are also pauses.  And we repeatedly find in history that whenever the blindness of Power has tried to overrule this rule of rhythm, it has committed suicide.  And that is why man still remembers the story of the toppling over the Tower of Babel.”

But unfortunately these words of wisdom do not appear to have dawned on the community of ‘Private Educational Institutions’ in our Country (particularly in the state and Coimbatore).

If endowed even with a bit of this elementary knowledge, a great school of the city running under the banner of ‘Universal Compassion’ would not have failed to admit into the 11th Standard, its own student who has passed out of Matriculation with 455 marks out of 500 and who had been studying in their own school for the past 12 years (from LKG).  Though students with lesser marks have been admitted, the reason for not granting a seat for their own student, orally told by them is ‘the father of the student is a member of the Parents’ Association’.

Is forming a Parents’ Association bad? Is it unlawful?  Is the fundamental right enshrined in the Constitution as Right to form associations subject to scrutiny and denial by these powers that be?

Even if in their opinion, the Parent has committed a heinous crime by becoming a member of the Parents’ Association (which is again because there is no official PTA constituted by the school itself) is the student to be abused like this?  What care these people of ‘education’ have for the mental trauma that the student will face (barely 14 years).  What cruel mind set can bring upon such a situation where the student has to remain at home without knowing his future and fate, when his friends have started attending classes for the past one week.  And what respect do these SELF-PROCLAIMED- philanthropists and educationists expect from the students and society at large?

That they have displayed utter disregard for Government authority and public authority is another matter.

How much more does the society have to endure to save its children from such mindless madness of ‘power-intoxicated-money-laundering-menace’ called private education?

After effects of the Demonstration on 1.6.12

The Demonstration of 1.6.12 could not be called massive numerically, since only about 500 parents of the city participated.  But it was solid, considering that even during school holidays so many got to know of the event and participated.  It also exhibited character in so far as the parents including ladies were not inclined to get up from the road and leave even after the Vote of Thanks had been delivered.

This rally, its participation and more so the support lent by the M.P of Coimbatore Shri. P.R.Natarajan, MLA of Valparai Shri. M. Arumugam and many other leaders from various political parties and outfits and also from organisations representing the Central Government Employees, State Government Employees, Bank Officials, Insurance Employees and Student Organisations have given a clear message.

The effect was multi-pronged : 

(1) There is a noticeable change in the attitude of the approach by the District Administration/Educational Offials in tackling the issues raised by the Parents.

(2) Police Officials have become sensitive to the issues raised by the Parents and have started appreciating the genuineness of the same, instead of blocking their way into the school premises as it used to be done earlier at the behest of requests by the school managements.

(3) The school managements also thought it fit to settle the issue within their campuses regarding non-issue of text books and note books to a select few (for targeting) on 4.6.12 when the schools re-opened.

(4) The earlier attitude of school managements of open defiance of Government and its orders by saying, 'no body can do anything to us, we will do as we wish' was absent.

But there are also indications that the schools have not yet realised their error in treating the parents as door mats.  Here are a few examples:

(1) A particular school has been refusing to grant admission to 11th for a student who passed out of 10th standard from the very same school, getting 455 /500. The reason stated orally by the school management is that the student's parent is in the association of Parents.

(2) A particular school has been refusing admission for a child into LKG though the elder sibling of the same child is in the same school.  The reason stated by the school orally in this case also is that the parent is in the association.

(3)  A particular school has not yet granted admission to their own student from 10th to 11th though other students with lesser marks have been admitted. 

(4)  A particular school has withdrawn the bus facility to its students stating that they have taken a policy decision not to provide transport.

All the above methods are apparently to intimidate the parents and force them into submission.

The schools want to arm-twist the parents to make them pay whatever is demanded by the schools irrespective of what is determined by  the Govt.

So their apparent climb down in in-house settlement like approach on 4.6.12 obviously should have been due to pressure from the Government authorities.

Now we have to sit up and think of how to handle the intimidation of individual students and parents by singling them out/hounding them out, by school managements.

On the sidelines there are also reports that there is considerable resentment among the teaching staff of these schools that their dignity is unnecessarily being eroded by the school managements by engaging them in these non-teaching and non-academic activities.

At Delhi the All India Parents Association has organised a meet for all parents and teachers of all private schools.  

We welcome suggestions on the above.

Demonstration at Coimbatore on 1.6.2012 - Member of Parliament, Member of Legislative Assembly and leaders of various parties and organisations to participate in support of parents

Demonstration against fleecing of parents and harassment to students by not giving books for the next year

Intervention of Secretary to School Education sought to enable children continue education

The letter issued to the Secretary for School Education today (24.5.12) seeking urgent intervention on the issue of schools refusing to give text books to select students and fee related matters is given below:

 

To

Smt. D. Sabitha,

Secretary to the Government of Tamil Nadu,

School Education Department,

Fort St. George,

Chennai.

Respected Madam,

Sub: Specific instructions requested to (i) make books freely available for students either by the Government or in open market AND (ii) deal with fees for extra-curricular activities, SMART classes, etc – reg.

*****

Issue No. 1: Making available books for all school students either by the Government or in the open market thereby not permitting the private schools to exploit the responsibility bestowed upon them to distribute books:

          It is learnt that the Government has made it the responsibility of the private schools to procure text books from the Government and distribute it to the students. 

However, in many cases it is reported that the school managements are refusing to accept the fees for the coming academic year and not distributing books if the parents do not pay the ‘disputed higher fees for the past years’ as demanded by schools.

As the Government would be aware, in respect of many schools disputes regarding demand of higher fees is before the Hon’ble Fee Determination Committee and District Educational Officials. 

These proceedings have to reach their logical end.  But disruption of education cannot be permitted due to that reason.

The schools in Coimbatore reported to be indulging in such arm twisting are:

1)    SBOA Matriculation.

2)    Chandra Matriculation.

3)    St. Joseph’s Matriculation, Ondipudur.

4)    Chinmaya Vidyalayas.

Hence it is requested that urgent instructions may kindly be issued to all concerned to make text books available to all school students before re-opening of schools and ensure that education is not disrupted.

Alternatively, the text books may please be made available freely in the market so that schools cannot misuse the responsibility given to them to arm twist parents into paying disputed higher fees.

Issue No 2: Scholastic and Co-scholastic activities named as Extra-curricular activities to collect more fees:

The Government has already vide G.O.(Ms) No. 143. dated 19.09.2011 (School Education (VI) Department) issued detailed instructions regarding introduction of Continuous and Comprehensive Evaluation System (CCES) and also clearly indicated what are the scholastic areas and co-scholastic areas.  In spite of this specific classification, many schools are learnt to be charging separate fees in the name of extra-curricular activities for ‘yoga’ etc. which are clearly defined within the curricular activities under Physical education and for art, dance, etc which are brought under the scope of co-scholastic activities under the term ‘visual and performing arts’. 

Hence, it is requested that the educational officials at the District levels may please be issued with instructions to not treat the above as extra-curricular activities and that no fees should be collected for them separately.

Issue No. 3: Regulating the subjects dealt with in SMART class to ensure that they do not deviate from the Government policy and lead to excess collection of fees.

It has become a trend for schools to charge extra fees in the name of ‘SMART Class’.  If the subjects dealt with in these SMART Classes are within the curriculum approved by the Government, the methodology of introducing electronic devices in teaching is only an improvisation made by the schools for which required allowances have been made while fees has been fixed by the Private School Fee Determination Committee.  In such a situation the schools should not be allowed to charge anything more in the name of these SMART Classes.           

            If the subjects dealt with in the SMART Classes are separate from the Government approved curriculum, such tendencies have to be strictly prohibited since it would interfere with the state policy as upheld by the Hon’ble Supreme Court to provide uniform syllabus for learning for all students in the schools of the State.

          It is requested that specific instructions on the above may kindly be issued to the concerned so that such technological advancements are not mis-used to deviate from Government policy and/or to exploit parents in the name of special fees.

          Due to the sensitivity of the issues stated above, we request your urgent and kind intervention in the matter.

Yours truly,

(R. Manimohan)

Chairman

COC of SWAP

 Coimbatore

FEE ISSUE HOTS UP IN DELHI

MESSAGE FROM THE PRESIDENT OF THE PARENTS ASSOCIATION, DELHI - 

DEBATING SCHOOL FEE

When Government can run its schools with a particular amount of expenditure, we see no reason as to why an unaided private school charge fee from the fee-paying parents more than the amount of expenditure per child spent by the Government on its students. If any unaided school still claims higher amount of fee, such school has to satisfy the Directorate of Education on the basis of its financial records.

The Government of NCT of Delhi, Directorate of Education by its circular dated 21.03.2012 has approved an amount up to Rs.1190/- as expenditure per-child per month on elementary education for re-imbursement to private unaided schools during session 2011-12 in respect of students admitted from economically weaker section and disadvantaged groups. It has also been decided that no re-imbursement shall be made to schools, which have been allotted land by Government at concessional rates to the extent, schools are under obligation to admit students from weaker section as per terms and conditions of the Lease/ Land allotment Letter.

It is interesting to note that the said amount of Rs. 1190/- is based on the fact that the Government of Delhi in the academic year 2011-2012 has spent Rs.1190/- per child per month on the elementary education of the students studying in their own schools. We all know that the Government of Delhi, Directorate of Education has a huge physical and academic infrastructure. All the teaching and non-teaching staffs are paid Pay and Emoluments as per the Recommendations of the Central Pay Commission. We also know that lot of financial wastage takes place in the Government management system. Keeping all these facts in to considerations, it is submitted that the expenditure figure of Rs. 1190/- per child per month can be safely taken as an ideal figure also for the purpose of payment of school Fee per child in unaided private schools by the Fee-paying parents.

The issue that required to be highlighted is that if the Government can run its school with an expenditure of Rs.1190/- per child per month, what is the justification for the unaided private schools to not to be able to run their schools with the same amount of expenditure. It is submitted that unaided private schools should not ask the Fee paying parents to pay school fee more than what is spent by the Government on its students studying in its own schools in a particular State. We are of a strong view that the demand of a fee amount from the Fee- paying students more than that spent by the Government on its own students is totally unjustified. However, if any unaided private school finds that the amount of Rs.1190/- is less than what is actually required from the fee paying students, then they should approach the government and satisfy the Government based upon the audit of their annual financial accounts, that the school is indeed incurring an expenditure more than the amount specified by the Government in its own schools annually and therefore, eligible to charge higher fee based upon the expenditure incurred.

It may be kept in mind that in view of the Judgment of Punjab and Haryana High Court in the matter of CWP 17752/2005 titled Navdeep Kaur Gill & others v/.s Government of Punjab it was held that the Fee structure should be based upon the expenditure on the minimum infrastructure required for the recognition of the institute. In case, the Educational Society wishes to provide extra facilities it may do so from its own resources. This way there will not be extra burden on the parents of the students. It is also pertinent to mention here that now-a- days most of the schools are getting in to a sort of rat race to make their Schools Air Conditioned and charging exorbitant Fee from the parents. In its report, the Raghvan committee has expressed their strong opinion against the making schools with Five Star Facilities. They have recommended that such five star culture will not create conducive atmosphere for the educational purpose and it will create divide among the section of the society.

Therefore it is stressed that the amount so decided by the government sufficient for the re-imbursement is also sufficient for the schools to charge from the Fee paying students.

These are the views that the All India Parents Association believes in.

For any suggestion or feed back please write back to isgambhir@gmail.com

Ashok Agarwal, Advocate

National President, All India Parents Association

M-09811101923

WHEN CONSENT IS OBTAINED UNDER THREAT OR COERCION, IT IS RAPE

The first loophole that the schools obtained in the matter of Fee Determination in Tamil Nadu Schools was by the Committee’s relaxation that the determined fees will not include fees for any other extracurricular activities, transport, books…etc.  This provision, the school managements made maximum (mis) use of by collecting whatever they felt like, terming them as fees for extra-curricular, smart class, books, etc.

The Fee Determination committee under Justice S.R.Singaravelan has consistently held in the case of several cases that extracurricular activities cannot be compulsory and hence is only optional.  Schools are not to compel parents to accept all their extracurricular activities.  

The District Collector of Coimbatore also has very clearly stated in the minuted meeting conducted on 10.3.2012 with the representatives of the Parents Association as well as the managements of the schools in Coimbatore that extra fees than determined by the Committee should not be collected and if any fees is levied towards any extracurricular activities, it should not be compulsory.

Now, it is reported that various schools are adopting various dirty methods, including threatening the parents that  their children will be failed or asking parents to take their wards out of the schools, if they are not prepared to pay the fees determined by the school in violation of the committee’s decision (read to accept the so called extracurricular activities).

Forcibly getting consent does not make it consensual and hence would qualify to be termed as ‘RAPE’.

We hope the protectors of law will look at it appropriately taking into consideration the safety of young children who are put to test.

RTE vs APARTHEID MIND SET

We had anticipated that with the Government enacting a law on the Right to Education, implementation of the Right to Education enshrined in the Constitution will get implemented. When the enactment came, of course, we were disappointed that it did not fulfill the ‘free and compulsory education for all children from the age of 6 to 14’.  It attempted only to cover 25% from the economically weak. (Pl see our views in earlier pages on this)  The mechanism that would determine the economic weakness also was subject to various doubts.  Yet, since the journey of even a thousand miles has to start only with the first step, this was looked upon by us as a welcome move.

But the private school managements saw red.  They said that the RTE cannot be implemented.  If it is implemented, the fee paying parents will have to take the burden of the free education also, they threatened.  This argument itself raises several questions.  Chiefly, when these educational institutions are registered as Trusts for charitable/educational purposes, when they profess that they are in the field of education as a ‘service’ to the society, should not they themselves have adopted some mechanism whereby some children in each institution gets free education?  Though they themselves failed to do so, at least when the Parliament enacted a law requiring them do so, they were expected to do so ‘graciously’.

The managements wanted to exercise their legal right and went to court on the issue.  Of late, we have seen that on various legislations, the school managements have been going to the Courts at the cost of, of course the money collected from the parents.  Whether in the case against fixation of fees or implementation of Uniform Syllabus, in Tamil Nadu, they failed before the highest judicial forum of the land.  In the case of RTE also therefore there was little wonder that they went to court.

But when the Hon’ble Supreme Court, in a judgment written by the Chief Justice himself upheld the RTE and directed the schools to start following it from this year itself (2012-13) the school managements were expected to take things seriously and start the process of admissions as per the RTE Act and the instructions of the Government in this regard.

But, we hear from media reports that the managements are yet to get satisfied.  They want to exercise their right of going for a review.  This, in our opinion, taking into consideration the bahaviour of the managements in the previous cases, can be seen only as an attempt to postpone the implementation of the scheme from this year itself.  In the first place, they should not have filled up the vacancies before the verdict was out.  Any admission without adhering to the provisions of the RTE, when there was no stay by any Court against its provisions is itself failure to abide by the law.  Hence, we hope that now the Government at the Center and at the State will issue strict instructions that the provisions have to be implemented immediately, in the absence of any stay.

No quarrels over the managements using their right, though as pointed earlier, it is at the expense of the hard earned money collected from the parents, but what is disturbing is their attitude and posers.

Their repeated argument that when there is a government school in the vicinity, the children under RTE cannot be admitted into private schools, is like saying that certain people shall not board a private bus if government busses are plying in the same route.  This attitude is nothing else but open and defiant proclamation of an attitude of ‘apartheid’.  This attitude will also threaten the society from discrimination of these children within the campus. 

When these institutions came and sought the recognition of the government for running schools in the name of assisting the government/society in the field of imparting of education, now to talk as if they are a parallel government, and dodging implementation of an enactment even after the apex court has held it up, is nothing short of exhibition of defiance, rebellion and greed.

We are reminded of the poem of Rabindranath Tagore in the ‘Gitanjali’:

When it was day they came into my house and said, `We shall only take the smallest room here.' 

They said, `We shall help you in the worship of your God and humbly accept only our own share in his grace'; and then they took their seat in a corner and they sat quiet and meek. 

But in the darkness of night I find they break into my sacred shrine, strong and turbulent, and snatch with unholy greed the offerings from God's altar.

High time, the real owner of the house wakes up. 

One small step in that direction will be to bring into these Trusts into the ambit of the Right to Information Act, because, it is public money which is being used against public interest.

GOVERNMENT SCHOOLS, NAXALISM AND PRIVATISATION OF EDUCATION…

A controversial statement is reported to have been made by a prominent Scoio-Religious figure in India, that since Government schools are breeding grounds for Naxalism, school education should be privatized. 

 

Almost all National dailies have carried this report today (22.3.12)

 

We attempt to look at this statement in an unbiased way. 

 

We do not know if the person was quoted out of context or whether he meant a particular area alone and whether it was based on any statistics. 

But, at the outset, the theory appears to militate against reason and facts.  Most of the public figures in various walks of life are products of Government Schooling. 

 

Of course, the Times of India (Coimbatore Edition dated 22.3.12) carries another interesting report based on a study of the use of funds in Government schools.  It says that out of the funds allotted from the Sarva Siksha Abhyan Scheme, very little is actually going to the benefit of the students and that almost 90% goes to benefit only the teachers or the management.  What benefits the teachers at least would percolate to the students, one would wish.  But the report says that most of the expenditure is made in the name of maintenance like white-wash. 

 

Now, this report would appear to support the call for privation of school education.

 

But the actual fact remains, that most of the private schools are also found to be indulging in such misutilisation of funds.  Only, because they are run in the name of Trusts and not accountable to public under the RTI, the quantum of misuse could not come out in the open.  What is in the interest of the institution is decided only by the hand-full of individuals who are the ‘Trustees’.

 

Now, coming to the aspect of rebellion and terrorism, as Naxalism is related with, if someone says that education in Government schools makes pupil capable of indulging in the same, but the private institutions will not allow such tendencies to develop, it can only mean that private education is capable of making its products oblivious of the inequalities in the society and incapacitates them from reacting to it or attempting to change it.  While there is no second opinion that terrorism of any sort is not acceptable in a civil society, to ignore the cause while treating the symptom will hardly help in solving the problem.

 

The root of the problem is inequality in society and, a section however tiny it may be, proclaiming that they do not believe in the ‘Rule of Law’ or the institutions of the State to find a remedy.

 

To advise abandonment of the basic social requirement of education by the Government, will then, amount to abdication of powers, thereby avoiding meeting out the fundamental right to equality and right against exploitation. 

 

Such a step will only lead to further deterioration of the situation, not to contain it.

 

Hence, let us hope that the entire episode had come out of some mis-understanding.

 

THE SCHOOLS KEEP THEIR WORD-BUT HOW?

Some management representatives had earlier threatened to call in the police and register 'tress-pass' complaint against Parents, who will dare to question them in the school campus.  The first instance has already happened at Chinmaya Vidhyalaya, Vadavalli, today (14.3.2012) morning.  The school had compelled 5 parents of students of 11th standard to pay up the fees arbitrarily and exorbitantly fixed by the school.  Otherwise they were threatened that the children will not be allowed to take the 11th exams scheduled to begin today.  When the representatives of the SWAP of that school went to meet the Principal, the school insisted on the payment and issued the same threat.  When the representatives told the school authorities of the directive of the District Collector in the matter, they are reported to have stated that the District Collector had in fact asked them to collect fees as they deemed fit.  The police was summoned and action was sought to be taken against the parents.  On being contacted, we have advised them to send the children for the exam and if they are not allowed to take the exams, then we will take action on the same.  We can imagine what a respect the children will have for such institutions which harass them even at the eleventh hour before final exams!

SWAP representatives of all schools are hereby advised to desist discussing the issues with the managements since they have shown their real colours.  Let us take it up legally with concerned authorities.  

Please keep us and the PRESS informed about any violations to rights of Children particularly.

WHY WE DIFFER

The various reactions that have emanated from the managements of the schools, through the press, utterings to parents or parent bodies in schools, or during the just concluded talks with the District Collector have underlined the main points of differences between the managements and the Parent Bodies/educationalists.  Though some of the arguments were made during the discussions before the District Collector, we did not engage in exhaustive replies or to counter each and every point, due to paucity of time as well as not to allow the proceeding to go waste by falling into the trap of arguments and counter arguments.  However, since most of these arguments have been made by them in the media and to parents/children in schools also, for enabling the members to have a proper assessment, we are giving their points in block letters and the actual position as seen by us in italics below each:

Children are not harassed or put to any trauma on the fees issue.   To state that the schools are doing it is a motivated false allegation:

The facts are known to all the parents whose children have been harassed, singled out or discriminated against in one way or other on this issue.  Hence, we need not explain the lie in the argument.  At best a school could speak for itself, not in common on this issue.  For that matter, even where specific instances have been reported, the schools have been denying the same on record but perpetuating it in practice.   

Asking children to pay up is an age old practice and cannot be complained against. 

Practices have to change with change in times and as per the law of the land.  It used to be an age old practice to cane children or even bang their heads.  Not any more.  Children also have become more sensitive.  Further, using teachers to speak to children on issues of fees would only denigrate the stature of the teachers in the minds of the children, who are taught to worship teachers for their self-less service.

When the Corporation threatens to disconnect water supply due to arrears of tax, it is not taken as harassment.  Then why in the case of school fees it should be treated as harassment.

Corporation can threaten to disconnect water supply only against arrears of a legal fees.  Not something above the prescribed fees.  It can be done only with proper notice and as per law.  The so called threat also cannot be delivered on the children, instead of the head of a family.  Threatening for fees than prescribed by law is like threatening to withdraw a fundamental right for not paying a bribe.

Actually, no school is running on profit.  We find it difficult to run the affairs with the fixed fees.

Let them have the guts to prove this by putting their accounts before the parents.  In those cases where we have details, it is not a fact. The increasing growth of groups of institutions also does not support this argument.

The land and building belongs to us.  If we want, we can build flats instead of running schools.  If we are not allowed to conduct our business as per our convenience, we will close down the schools.  Government cannot dictate to us.

Enjoyment of various concessions by these schools is based on the fact that most of the trusts are registered as charitable trusts for a defined and definite purpose.  It is not a private property.  Even in private property, all land belongs to the State and ownership is subject to Constitutional guarantees as well as restrictions. In the case of Trusts, the responsibility of the Trustee to the property of the trust is akin to that of a Public Servant to Government property.  The trusts cannot expect parents to pay returns on the capital gained by them through donations given by the parents themselves or by the society.  The donations were given for the particular cause and not for doing business like building flats and selling them.  Recognition has been granted to them for running a school only as per their own application for recognition.  To threaten the Government against implementing a law is ___??????.

If parents do not want our school they can put their wards in any other school.

Very old argument.! Does not hold good any more due to enactment of Fee determination Act.  Now the question is whether the product on which an MRP has been legally determined will be allowed to be sold at a higher price.

If parents do not want to avail of the facilities and extra facilities provided by us, they can put their children in Government schools.

This argument also is a worn out one in the light of the enactment of the RTE Act where even the Government has made it mandatory that at least 25% should be admitted into private schools, from the deprived sections of the society. 

Further, the District Collector categorically stated in the meeting on 10.3.12 that extra-curricular activities cannot be imposed on every one and can be only optional. 

In the case of extra- curricular activities and facilities, it should be restricted to out of school timings and not during the approved school time.

During the meeting on 10.3.12 itself, we have pointed out that the Fees has determined only after considering the expenses and facilities in each school and therefore the excuse of facilities cannot be an argument to collect higher fees than that is determined.

Parents are not bothered about the necessity to pay the teachers salary.

Parents have never objected to paying the staff (whether teaching or non-teaching) a decent salary.  In fact in the candle light meeting held on 3.3.12 in memory of Late Teacher Uma Maheswari and Late Student Anooj, we have passed a resolution that when the Government goes through the expenditure statement of the schools at the time of fixing fees, they should also look into the salary paid to teachers based on minimum wages and other relevant acts.  On the contrary, is widely stated, that in many institutions, the actual payments made are far less than what is shown on records (Many teachers are also Parents).  To stem such tendencies and exploitation, we prefer to have a properly-democratically constituted PTA. But, for that what do they say?  See below:

We do not want to form PTA and we cannot run the school as per their wishes.

When even a country as complex and big as India could be run democratically, how come schools run by Trusts are an exception?  How do managements think that parents of children of the school and teachers giving their entire life for the benefit of the institution will advice adversely - unless of course the interests of the institution are not the same as the that of the individuals managing the institutions - what blatant methods of exposing themselves!

Do these schools not see the danger in the situation even after the violent incidents that took away the life of a teacher in Chennai and that of a student at Udumelpet and realize that a communication gap between the parent community and teaching community is detrimental to the campus atmosphere in schools?

Last but not the least, the arrogant manner exhibited during the meeting before the District Collector by some representatives of the Management made us wonder thus:  If such behaviour could be exhibited before authorities, how they will be behaving to the staff who are totally at their mercy and if this is their attitude to Parents from whom they are collecting fees, how they will be expected to behave with innocent children inside the campus? 

Can those who are not able to respect the roots, be reasonably be expected to worship the fruits alone?