Criticism of Right to Education of Children Act India

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1 Opinion» Op-Ed July 27, 2012 An education act with more wrongs than rights Abdul Khaliq The HinduPRIMARY FAULTS: Among the many concerns, it is unclear what children from the weaker sections will do after they complete their free elementary education in elite schools. TOPICS

Transcript of Criticism of Right to Education of Children Act India

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Opinion» Op-Ed

July 27, 2012

An education act with more wrongs than rights

Abdul Khaliq

The HinduPRIMARY FAULTS: Among the many concerns, it is unclear

what children from the weaker sections will do after they complete their free

elementary education in elite schools.

TOPICS

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A closer look at the fine print of the Right to Education Act reveals

major weaknesses in the landmark law

It is unfortunate that public debate on the Right to Education Act has been

limited almost exclusively to the clause which requires every recognised

school to admit in Class-I and “pre-school education” — to the extent of at

least 25 per cent of the strength of the class — children belonging to

weaker sections and disadvantaged groups and provide them free and

compulsory elementary education.

This proviso, which has captured the collective imagination of educators,

politicians and social activists, is perceived to be an important step towards

breaking one of the many citadels of privilege in the country. For too long

has good education been a service that only the well-to-do can buy. With

quality education available only in select schools, it is appropriate that

children from less privileged backgrounds are given exposure to such an

education. One cannot accept the absurd elitist argument that children from

the weaker sections would be misfits or that they would pull down overall

standards.

After elementary stage

However, while there is no denying the self-evident truth that a poor child is

entitled to the same opportunities as a rich one, it is worrying that the

authors of the Act have not visualised or catered for the long-term

consequences of this revolutionary diktat. The first big unanswered

question relates to the fate of children from the weaker sections after they

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complete their free elementary education in the elite schools, where the

tuition fee would be more than the annual income of their parents.

Predictably, these children will have to leave these schools and slip back to

schools of questionable standards, which is bound to be psychologically

traumatic.

Second, the Act has enunciated a grand scheme whereby within three

years, only recognised institutions with certain minimum infrastructure will

impart school education in the country. Only schools that have the

minimum teaching personnel, at least one classroom per teacher and a

playground will henceforth be allowed to function (sections 18 and 19). At

the present time, when land prices have shot through the roof in the cities,

to conjure up a playground where there is none today is asking for the

moon. The stringent stipulations will result in a large number of

unrecognised schools as also aided schools being closed down.

Third, it is apparent that in the HRD Ministry‟s view, unrecognised schools

are an unmitigated evil. It is estimated that out of 12 lakh schools in the

country today, almost a fifth are unrecognised. What the government

seems to have forgotten is that these schools have been filling in for the

non-existent government schools. The rush for admission to unrecognised

schools is due to the fact that standards in government schools are dismal.

The reality is that we have good and bad unrecognised schools. A

comprehensive study of unrecognised schools in Kerala some years ago

concluded that, in general, children received a good education from well-

qualified teachers, the only criticism being that the teachers were not

adequately paid. What the RTE Act has done is to put all unrecognised

institutions, the good and the bad, under threat of closure.

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Today, between 35 million to 60 million children are not in schools. If the

number of schools comes down, as it certainly will, due to closure of

schools that do not comply with the stringent infrastructure standards, the

nation‟s goal of ensuring universal literacy would suffer a massive setback.

The RTE Act formulations are based on the unrealistic and absurd premise

that recognised schools would not only be able to accommodate the

students from schools that close down but also have room for new

entrants.

Fourth, the government seems sanguine about the standards of education

and infrastructure in government schools. However, the consensus among

experts is that government schools are not only overcrowded but impart a

very poor standard of education. A recent study of 188 government non-

primary schools revealed that 59 per cent of schools had no drinking water

facility and 89 per cent no toilets. And yet ironically, the government

schools will be the most secure under the new dispensation envisaged in

the RTE Act.

On better government schools

Fifth, an outrageous aspect of the RTE Act is that it treats the better

government schools as more equal than the others and seeks to insulate

them from the upheavals triggered by the Act. By all accounts, the only

government schools of a reasonable standard are the Kendriya Vidyalayas

and Navodaya Vidyalayas which the Act has brought under the “specified

category.” Significantly, these schools are exempt from accommodating

children who seek transfer from schools which have no provision for

completion of elementary education. An Act that claims to strike a blow for

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equal educational opportunities for all children has no business to accord

preferential treatment to these schools.

Sixth, the most ambiguous aspect of the RTE Act relates to teaching quality

which, in fact, is the prime adverse factor affecting the spread of literacy in

India. The emphasis on physical infrastructure in schools but not on

teaching standards is reminiscent of the man who assiduously painted,

waxed and polished the body of his car in the expectation that it would run

more efficiently. A shocking aspect of our vital, life-moulding primary

education is that in most of our six lakh villages, the teaching of children is

in the hands of barely educated “para teachers.”

The qualification for becoming a “para teacher” or contract teacher in most

States is higher secondary or even secondary pass, but in Rajasthan the

qualification for the para teacher is standard eight for men and standard

five for women. Significantly, the RTE Act is vague regarding this most vital

aspect of education. There are general statements to the effect that the

Central government “shall develop and enforce standards for training a

teacher.” It has also ratified “relaxation in the minimum qualification

required for appointment as a teacher” for up to five years. Clearly, the RTE

Act accords little importance to teaching standards, which is the major

shortcoming in our educational system.

Beyond these, the RTE Act is garnished with farcical, unworkable

statements of good intent. For instance, Section 4 directs that where a child

is admitted to a class appropriate to his age, he shall, in order to be on a

par with others, have a right to receive special training. Section 11, which

takes the cake for sheer impracticability, directs that “with a view to prepare

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children above the age of three years for elementary education and to

provide early childhood care and education for all children until they

complete the age of six years, the appropriate government may make

necessary arrangement for providing free pre-school education for such

children.” This country does not have the wherewithal to provide primary

education to all and yet the Act envisages universal pre-school training

facilities also being set up.

Corruption possible

Finally, a deeply disturbing aspect highlighted by many school

managements is that the RTE Act, by giving absolute power to the

Education Department and local bodies to make or mar schools, will

become the ideal tool for large-scale, systemic corruption. Even when there

was no specific law against unrecognised institutions, the ubiquitous school

inspectors had to be “appeased” despite the school doing nothing illegal.

Now with the RTE Act in force, the inspectors will have a free rein to force

school authorities to do their bidding — a grim portent for the future. It is

not difficult to foresee a large number of undeserving schools getting

recognition and a good number of meritorious schools shutting down.

Summing up, the RTE Act in its present form will neither promote its prime

objective of ensuring completion of elementary education of every child of

the age six to 14 years nor meet the commitment of ensuring quality

primary education. At best, it is a statement of good intent.

(The author is Secretary General of the Lok Janshakti Party. Email:

[email protected])

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Keywords: RTE Act, Right to Education Act, landmark law, educational

system, pre-school education

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More In: Op-Ed | Opinion

Some of the criticism in the article is quite simplistic and

inconsistent. If stringent regulatory requirements would lead to

closing down of unrecognized schools, wouldn't increasing the

eligibility requirements for teachers lead to shortage of teachers?

From where would the better qualified teachers for government schools

around the country come, without significantly increasing the

salaries? If, for him, the loopholes in the Act are so easy to

resolve, maybe he should have proposed a few solutions which don't

have loopholes of their own. Any solution to the problem of illiteracy

and school droup-outs will be gradual. It has to start with the

declaration of intent and making of promises. With primary education

now as a constitutional right, you at least have the right to demand

what is being promised.

The problem of corruption would arise when government tries to set any

kind of standards.So does that mean, government should desist from

setting any reasonable standards for schools?

from: Aditya

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Posted on: Jul 30, 2012 at 00:50 IST

Thanks for such an insightful article. That the Indian Government

works at spinal level is apparent in the clauses of the RTE. What is

disturbing is it also forces people and institutions,who otherwise are

doing very well, to follow its diktat and in the process subverts

whatever good is happening. The whole process of recognition based on

desired standards is a sham which invariably ends in palm-greasing and

arm-flexing. I do not see that day very distant from now when

schooling would have become a business controlled by heavy-weight

politicians. In a country where exams are taken to reject candidates

and not to search for the essential required qualities and where

interviews are an exercise in demonstration of nepotistic credentials,

genuine candidates for any job shall remain hard to find. To uplift

the teaching standards we need to create a good interviewing system to

recruit teachers, irrespective of the school, private or public, they

end up joining. That's the first step.

from: Dr. Prashant Prem

Posted on: Jul 29, 2012 at 13:55 IST

Very well written article by Mr Abdul, he has highlight that point

which is most important and modification is required in RTE Act. The

nodal officer of Education Department has responsibility to monitor

everything's in state and Union Territory. The primary school of

teacher of central government has getting very good salary and

allowances but their education qualification is only 12 passed and two

years diploma which should be changed atleast after completing of

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graduation and then B.Ed of JPT course have right to teach the primary

school and government should modified the requirement rule.

from: Amar Kumar Singh Port Blair A N Islands

Posted on: Jul 28, 2012 at 13:13 IST

Firstly i would like to thanks author who have discussed very important

aspect of RTE act future. RTE has failed to aware 60% of our population

for which realy it is more necessary. It is true that situation of primary

school in india is very worse. Many scools are there where single teacher is

running classI-V, no infrastructure even drinking water supply. it is also true

that Govt. has no plan for future of children after elementary education. No

doubt govt. is not ready to do honestly the implememtation of RTE in a

reality.

from: Satish K Verma

Posted on: Jul 28, 2012 at 11:14 IST

Well researched article. I was alarmed to know about the minimum

qualification of teachers in Rajasthan. Well, it's the truth in most of

the government schools in small cities!

from: Sana Momina

Posted on: Jul 28, 2012 at 01:40 IST

Sticking to the most contentious provision i.e. 25% reservation in private

schools. What will happen to the 25% children of the well to do families

which could have got the admissions in these schools otherwise, now they

have to get in the sub-standard schools? So much for the uplifting of the

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poor... Instead government should have made the process of opening

schools easier, encouraged more private schools, focused on improving

government schools etc...

from: Sagar

Posted on: Jul 27, 2012 at 23:36 IST

I born and brought up very rural village and studied in government school.

But I did B.Tech in MIT, Anna University in 1993. Most of my elementary

school teachers very good and very dedicate to student's education at that

time. But lot of teachers in the same school are become real estate brokers

or have some side business. Private school administration is more concern

about their reputation, no corruption, teacher salary is performance driven.

Please note that govt teacher salary is higher than private school teacher's

salary, but not their performance.

Govt is not interested in improving standards. This does not good for poor

students in many ways, they face economic discrimination, rich & poor man

food smells different that put stress on student, rich man kids are act, think,

and behave different with poor man kids. Even I faced this same problem in

govt school 30 years ago. Govt can think of charter school model as

followed in USA.

from: Mohan

Posted on: Jul 27, 2012 at 22:12 IST

Right to Education fly in the face of article 19 of the

constitution.If the govt wants young children to be educated then the

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best thing they can do is to remove the restrictions for establishing

more private schools.The act will discourage more private schools from

propping up.The private schools in rural areas survive on thin profit

margins and with this act many private schools may shutdown.We don't

have many private schools propping up because of restrictions

like,every school should have a playground,a physical trainee and

specified teacher to student ratio.If we remove these restrictions

private schools will be able to offer quality education at a cheaper

price.It is a good trade off rather than having children not going to

school because it is expensive because of playground restriction and

moreover private schools are answerable to parents.It is better than a

govt school were most of the time teachers are absent and not

answerable to parents.We all know about govt schools.

from: Satish

Posted on: Jul 27, 2012 at 21:04 IST

I don't understand why the govt is in the business of judging the

morality of people,private institutions and companies and then declare

them as immoral and take their money away through the use of legal

force. Looks like the govt is a legalized naxalites. The private

schools are private for a reason, what article of the constitution

gave the union govt the authority to interfere in the operations of a

private school. It is real sad people don't understand what is right

and what is not.People have a right to life,to freedom of speech,to

due process and to pursue happiness,you don't have a right to color

television or a washing machine or free education or free

healthcare.Education is not a right, but even if the govt decides to

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provide it. The socialists never ask the follow up question about how

the govt is gonna provide it. They are gonna provide it by violating

other people's rights.

from: Satish

Posted on: Jul 27, 2012 at 20:48 IST

As suggested by the author in the last para, the RTE has become another

tool to feed the corruption monster in the country. Even well established

schools are now standing in line to bribe inspectors for Certificates to

commence operations as a preliminary stage to getting approval.

The government should stop mandating such social objectives and instead

think of ways it can facilitate achieving them without mandates, rules,

certifications, etc.

from: I.C.Nito

Posted on: Jul 27, 2012 at 20:10 IST

I would suggest that all govt.statutory dealings as per central/state

govt act should be done through internet/online so that it will be in

black and white. Only code No./Registeration No. should be provided for

identification. These initial steps will go a long way in curbing

corruption.May the THINK TANK think.

from: mohamed aslam

Posted on: Jul 27, 2012 at 19:49 IST

First I would like The Hindhu to bringing up such good topics, Come to this

article writer is pointing out this many issues but not suggesting what we

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have to do? I think this age should be extended upto 15 or 16 years then

atleast this students can get good school education, after that some good

colleges will give free education. And the most important thing is

governament schools standards, here I have one question i.e all the

government schools are recruiting qualified people with good knowledge

but most of the private schools doesnt have good teachers then how they

are getting good results? answer is simple govt school teachers never feel

much responsibility because their children are not studying there.Finally

though some problems are there in RTE its good and have to strenghtend

and have to open more govt-private model schools as Dr.Singh said.And

medium is also problem in govt schools as most of the schools are running

in local mediums,have to open more English medium schools.

from: Rakesh Aity

Posted on: Jul 27, 2012 at 19:01 IST

Even good schools which charge heavy fees leave much to the students to

learn at home

with the help of their parents. Children from poor families with parents not

well educated will

therefore suffer much because of this handicap. Has the government any

solution to this

problem?

from: K.Vijayakumar

Posted on: Jul 27, 2012 at 18:29 IST

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What most people who seem to focus on the shortcomings of the RTE

don't seem to realize is the power that the RTE acts places in the

hands of ordinary citizens.

Yes, there are enough laws to implement things, but RTE makes

education till the age of 14 a constitutional right and any kid (by

derivation the parents, wellwishers) can drag respective govt to the

Courts citing a violation of the fundamental right. What this act does

is to make the Govt accountable to provide education.

Yes, quality of education, questions on what happens after the age of

14 etc are relevant, but let us not lose sight of what we gain from

this act when we focus on how this could have been done better.

from: Swagat

Posted on: Jul 27, 2012 at 16:51 IST

In Tamilnadu the details from State Information Commissioner indicates

that all the govt school teachers educate their children in private

schools only. Why no one bothers about bringing out some measures to

improve the quality of education in govt schools? Pay scales for govt

teachers in Tamilnadu is the best in India but the they are not bothered

about the students.

from: chandrasekaran

Posted on: Jul 27, 2012 at 16:28 IST

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I appreciate the author who has found loopholes in the RTE act.i think

quality of teaching being ignored is a valid point and it is to be remembered

that people come to this profession by force(like not getting any job

etc),govt should provide incentive and some good remuneration so that

people join as a teacher by choice,only then i think we could impart quality

education

from: Sayantan

Posted on: Jul 27, 2012 at 15:12 IST

Of course the RTE Act is just statement of intent. Our constitution and our

laws, too, are just statements of intent. However, one cannot start

implementing anything of importance without first declaring this direction

and intent. And like every other aspect of our public life, this act too will be

plagued by poor implementation. Educating a nation under conditions of

substandard infrastructure and meager resources(money, teachers etc) is a

massive and mindbogglingly complex problem, one that no government

agency, manned with people no matter how brilliant, can seek to master

and centrally manage. The best thing to do, in my opinion, is to open it up

to the ingenuity of the people. Let a thousand entrepreneurs come up with

a thousand solutions and let the government regulate these activities

tightly. It is more sensible for the government to delegate and regulate,

rather than trying to do everything by itself, which it clearly cannot.

from: Raamganesh

Posted on: Jul 27, 2012 at 15:06 IST

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Sir,

More Kendriya Vidyalayas is the one of the solution.

The way government is planning to force mandatory rural service on

doctors, it must enforce all government college graduates to work in such

schools for two years! I am sure what is good for medical graduates will be

appliable for other graduates too!

Dr. Sekhar Wariar

from: Dr. Sekhar Wariar

Posted on: Jul 27, 2012 at 14:41 IST

Would it not be wise on the part of the Government to focus on basic

needs such as education rather than wasting money on running airplanes?

This is the fundamental responsibility of the Government. Competing with

the Spicejets and Kingfishers is not.

from: Aditya Hathi

Posted on: Jul 27, 2012 at 14:27 IST

The commentators appear to be forgetting that the tuition fees of the 25%

of the under-privileged children admitted into the elite private schools

will be paid by the government. The schools do not stand to lose

monetarily.

from: V.Thiruvengadanathan

Posted on: Jul 27, 2012 at 14:23 IST

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Only laws will not help to bring the change unless there is a strong

will to implement in its true spirit . When the government with all

force can not achieve the requirement of the society through government

schools how it can be achieved through these laws ? It is only

political gimmicks.

from: Prof. B N Srinivasa Rao

Posted on: Jul 27, 2012 at 13:20 IST

It is clear that the writer-politician is an apologist for unrecognised schools

and their unregulated functioning. RTE or no RTE unrecognised schools

must not be allowed to remain so forever. They must meet the criteria

required for gaining recognition so that they are held accountable for their

actions or be asked to close down. Many of these schools prefer not to gain

recognition smug in the understanding that children will anyway join the

schools. There can be no good or bad unrecognised schools. The very fact

that a school is unrecognised means that it has not been able to meet the

requirements for recognition.

from: Rajeshwar V.

Posted on: Jul 27, 2012 at 12:33 IST

Merely passing laws will not help . we need to ensure that these laws have

been implemented to the ground level and the common man is getting

benefited.

Lets hope that our voices are heard and acted upon.

from: geetika

Posted on: Jul 27, 2012 at 12:29 IST

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Of course the RTE Act is just statement of intent. Our

constitution and our laws, too, are just statements of intent.

However, one cannot start implementing anything of importance

without first declaring this direction and intent. And like every

other aspect of our public life, this act too will be plagued by

poor implementation.

Educating a nation under conditions of substandard infrastructure

and meager resources(money, teachers etc) is a massive and

mindbogglingly complex problem, one that no government agency,

manned with people no matter how brilliant, can seek to master

and centrally manage. The best thing to do, in my opinion, is to

open it up to the ingenuity of the people. Let a thousand

entrepreneurs come up with a thousand solutions and let the

government regulate these activities tightly. It is more sensible

for the government to delegate and regulate, rather than trying

to do everything by itself, which it clearly cannot.

from: Raamganesh

Posted on: Jul 27, 2012 at 11:54 IST

The state govt does not have quality teachers and are appointing +2 DTE

teachers who have no knowledge of ENGLISH in primary schools. Who will

send their wards to Govt schools... Only Poor who can't afford quality

education for their wards. Govt is also poor in its thinking... since it is not

giving importance to education.

They open LIQUOR SHOPS in each and every street. They have no

consience in providing quality education to their people. Govt means

inefficiency, corrupt, substandard work. Private means efficiency, quality,

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time and dutybound, trying to bring quality to get name in society as well

earn profit. When the question of profit comes, free service is a blow and

we can't expect free education by private. Pay for the service and people

also will have responsibility. RTE is a bunkam law and can't be

implemented by private. Why they should do??? It is in Govts interest to

improve the standard as that of Kendriya Vidyalayas.

from: A.Natarajan

Posted on: Jul 27, 2012 at 11:25 IST

I would like to thank Mr.Abdul KhaliQ for this thought provoking article.It

very well captures the task at hand.Also,I think there are a few things that

can be taken into account.

one,I think that the idea of Para teacher is very good but it must be such

that the para teachers be given a rigorous training of about 1 month on

ways of teaching and must be constantly guided by senior teachers.

second,the idea of closure of schools is uncalled for as this will only add to

the illiteracy rate.concept of para teacher can be applied here.This will also

decrease unemployment rate.

Third,i think few schools which are in proximity must collaborate and start a

new concept of Exchange program of Teachers in which good teachers can

go to 'not so good at resources' schools and teach.This would also help a

little bit.

from: Ashish Mishra

Posted on: Jul 27, 2012 at 11:14 IST

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RTE is welcome move by the govt especially given the elitist attitude and

flagrant disregard for the poor and dispossessed in our society,Well the

author may be right at pointing many loopholes in the act, but there is

always scope to bring desirable changes.

from: Sajjan

Posted on: Jul 27, 2012 at 10:28 IST

A very insightful article and thanks to the author for that. There is a serious

need for a comprehensive discussion on the RTE act if at all we are really

determined to achieve what we wanted to achieve with this act. And as the

author rightly said, the provision for universal pre-school education really

sounds funny.

from: Karthik

Posted on: Jul 27, 2012 at 10:28 IST

I think the writer Mr. Abdul Khaliq, makes a very good case for why the

RTE, despite all its good intentions, will, in the end, fail in meeting

the very objectives for which it exists. This is also the reason why the

various education policies in this country have failed in the past -

they have been short term and read almost like they were written by

someone unfamiliar with this country. There is no doubt that education

for children is a pressing need, but what is required is a thought out

and methodical plan, not a knee-jerk reaction to enforced policy making.

from: s. menon

Posted on: Jul 27, 2012 at 10:20 IST

21

Finally, a voice which makes sense around RTE. There are enough laws in

India already; what is lacking is sheer implementation. How will the

education landscape of the country be reformed by passing one more law?

Anyway, to me, a 25% reservation in schools for economically backward

class is an excuse from the Government to not strengthen Government

schools, as also an acknowledgement that the Government itself thinks it

schools are no good. This is clear abdication of duties of the

Government in the garb of Socialism.

from: Sameer Jain

Posted on: Jul 27, 2012 at 09:11 IST

RTE Act is an outcome of the right enshrined in the Constitution, namely,

„equality of status and opportunity‟ for all citizens. Bulk of the adult citizens

has missed this constitutional right. This right is assured for future citizens

only if the child citizens of today have equal opportunity in education. RTE

Act is already late by sixty years. If Mr. Khaliq finds RTE Act is a statement

of good intent and unworkable, then the same may be said about the

Constitution! Let us hope that Mr. Khaliq and the political Party he belongs

to realize the import of the RTE Act for future citizens and help make its

implementation a success.

from: Periasamy

Posted on: Jul 27, 2012 at 07:26 IST

Very well written article exposing both the sides of RTE. Though the

idea behind RTE act is good, as the author points out, the act has

several draw backs which if not corrected can seriously harm the

22

education system. It is a welcome move to have seats for economically

& socially underprivileged students in private schools. But at the

same time, it would be very important for the Govt. to invest more in

education to improve the quality of Government schools. Especially

there is a definite need for increase in pay for primary and high

school teachers to attract better quality candidates to teach the

future generation of our country. I believe, establishing more

technical institutions across the country and reservations in them

will not reach their objective until the primary & high school

education is improved.

from: ramya

Posted on: Jul 27, 2012 at 06:17 IST

Well described Mr.Abdul Khaliq.

I wish the think tank of RTE would see to your column. I have done my

education from government schools and the quality is deteriorating day by

day. What I understand with RTE act is , Government is shamelessly

agreeing that they cant provide better quality eductation and only Private

schools can do that and hence they will screw up even private educational

institues. What a nonsense concept is this, Instead of getting the Govt

schools back on track and taking strict parameters to improve the quality,

they have come up with utterly complicated and confusing theory called

RTE.

Hope, Only GOD May Save India.

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