PROCEEDINGS OF GOVERNMENT OF KARNATAKA.
‘Sub: Admission of children belonging to disadvantaged group and
weaker section under section 12(1) (c) of the Right of
Children to Free and Compulsory Education act 2009, in unaided
non-minority schools.
Read: 1) The Right of Children to Free and Compulsory Education
Act- 2009.
2) The Karnataka Right of Children to Free and Compulsory
Education Rules 2012.
3) Proceedings of the High Power Committee meeting held
Under the Chairmanship of the Chief Secretary to Government
of Karnataka on 05-05-2012.
4) Government NOTIFICATION No: ED 27 MAHITI 2012,
Dated:08-05-2012.
5) Circular issued by the Commissioner for Public
Instruction, Bangalore No: RTE/01/2012-13. Dated:10-05-2012.
6) Go No: ED 27 MAHITI 2012. Dated: 18-03-2013.
7) Commissioner of Public Instruction, Bangalore letter no. C7 (8)/
PraShiAa/RTE/Dakhalathi/473/2015-16; Dated: 21-01-2016.
Preamble:
The Right of Children to Free and Compulsory Education Act 2009, read
at (1) above came into force throughout the country on 01-04-2010 as per the
Government of India Notification No. S.0. 427(E) Dated: 16-02-2010.
In exercise of powers conferred by sub-section (1) of section 38 of the
RTE Act 2009, the Government of Karnataka issued notification No: ED 77
YOYOKA 2010 dated: 28-04-2012 framing Rules read at (2) above to implement
the said Act.
High Power Committee meeting held on 05-05-2012 read at (3) above,
under the Chairmanship of the Chief Secretary to Government of Karnataka for
implementation of the Karnataka Right of Children to Free and Compulsory
_ Education Rules 2012, suggested guidelines for implementation of the said act.
Government issued a notification read at (4) above fixing the maximum
per child cost of Rs. 11,848/- (Rupees Eleven Thousand Eight Hundred and
Forty Eight Only) to Children admitted to Primary classes and Rs. 5924/-
(Rupees Five Thousand Nine Hundred Twenty Four only) to Children admitted
to Pre-primary classes.
Detailed guidelines were issued vide circular dated: 10-05-2012 read at
(5) above, explaining the process of admission in un-aided non-minority
schools.Government issued order dated:18-03-2013 read at (6) above identifying
the disadvantaged group and weaker section and fixing the maximum annual
income limit up to Rs. 3.5 lakhs.
Applications have been received from the public to consider the
criterion of BPL for allotment of seats under RTE Quota. Many circulars have
been issued from time to time about the entry class, admissible age,
neighbourhood etc.
In view of the experiences during the course of implementation of RTE
Act, it is felt necessary to revise circulars and Government Orders and to issue
comprehensive order for effective implementation of the RTE Act-2009.
In the letter read at (7) above the Commissioner of Public Instruction,
has sent a proposal to government to modify the Age of the child,
Neighbourhood and Disadvantaged group & weaker section accordingly
the following order.
In exercise of powers conferred by sub-section (2) of section 35 of the
RTE Act 2009 (Central Act 35 of 2009) the Government of Karnataka issues
following guidelines superseding such of the previous circulars and
Government orders, which are contrary to this order.
GOVERNMENT ORDER NO: ED 51 PGC 2016 (P).
DATED:08-02-2016.
Under the circumstances explained above, following guidelines are
issued relating to admissible age, neighbourhood, selection process for
admission of children under section 12(1)(c) of the RTE Act 2009.
The schools claiming minority educational institution status should be
required to upload the copy of the certificate from the competent authority.
Copies of all such certificates should be sent to Director (Urdu and Other
Minority Language) for verification and confirmation within a week. All such
schools having valid certificates from competent authority shall be outside the
purview of RTE quota.
Age of the child
Under Section 3 of the RTE Act, Free and Compulsory Education is for Children
in the age group of 6-14 years. But Sections 11 and 12 of the said Act makes
provision for pre-school education where a school specified in clause (n) of
Section (2) imparts pre-school education, the provisions of clauses (a) to (c)
shall apply for admission to such pre-school education. Hence the state hereby
declares that 3 years 10 months to 4 years 10 months for entry to LKG, & 5years 10 months to 6 years 10 months for entry to 1 standard as on 1* of June
of the Academic Year as per the provisions of Section 20 of the Karnataka
Education Act-1983 R/W the Right of Children to Free and Compulsory
Education Act-2009. This age limit applies from the year 2016-17 to children
seeking admission under section 12(1)(c) of the said Act.
Neighbour hood
The provision regarding neighbourhood schools as specified in Rule-4 of
the Karnataka Right of Children to Free and Compulsory Education Rules-2012
apply to such admissions. In case of rural area 1 k.m from the
habitation/village for classes 1 to 5 and in urban area, the area of the
neighbourhood shall be the area of ward notified for the purpose of
governance of the local authority. Distance of 1 km will not apply in urban
area.
Parents residing in the neighbourhood can apply maximum five schools
giving preference only to schools located in the neighbourhood.
Admission under RTE quota can be sought only in a neighbourhood
school. In urban areas, a municipal ward constitutes the neighbourhood,
whereas in rural area of 01 km from a habitation or village will constitute the
neighbourhood. For the purpose of mapping in the software, habitation or a
village in rural area and ward in urban area can be taken as the
neighbourhood.
In urban areas if a ward has government school, aided school and
unaided RTE quota school (ie, unaided school not having minority educational
institution status), the parents residing in that ward may seek admission for
their children in any of such schools in that ward including admission in the
unaided school under RTE quota.
If a ward does has only government school and / or aided school but
does not has an unaided RTE quota school, the parents residing in that ward
cannot seek admission for their children under RTE quota in any unaided
school outside that ward.
Only in the event of ward not having any school, the parents residing in
that ward may seek admission for their children under RTE quota in an unaided
school in neighbouring ward.Norms prescribed above for mapping, admission in the neighbourhood
in urban areas will apply to mapping, admission in schools located in a
habitation or a village in rural areas.
Income Proof
Income proof should be submitted only by the parents not belonging to
Scheduled caste or Scheduled Tribe or Category-I Communities. Parents
belonging to scheduled Caste or Scheduled Tribe or Category-| Shall submit
caste certificate.
Residential Proof
For the purpose of establishing place of residence of parents they
should furnish details (number, address, and locality) of their EPIC Card
(Election Photo Identity Card) or Aadhar Card or Aadhar enrollment
Acknowledgement Slip. No other document for establishing residence should
be accepted.
Parents should not be asked to upload copies of above indicated
document for residence proof or income certificate for income proof. Instead
they can provide the details of the same in online form. There after the
department, with the help of NIC should organize verification of the data in
batch mode from UIDAI, office of the Chief Electoral Officer and database of
Atal Jana Snehi Kendras.
If the parents uploaded any incorrect information and the same is found
in the batch mode verification, they should be informed through SMS on their
mobile phones giving 3 to 5 days time to carry out the corrections online.
idvantaged Group & Weaker Section
For the above purpose the government notifies that the child belonging
to disadvantaged group shall include;
1. Orphan
HIV affected/infected child
Transgender
Child with special needs
Migrant and street child
Scheduled Caste
Scheduled Tribe
Category |
). Category IA
10. Category II B
11.Category Ill A
12.Category Ill B
PYN
pexayVarious castes/tribes constituting categories, mentioned in SI. No. 6 to
SI.No. 12, shall be as prescribed by Social Welfare Department from time to
time.
Children belonging to categories cited at SI. No. 1 to 5 residing in the
neighbourhood shall be given admission directly under RTE quota at the 1*
instance before going to lottery process.
The Government further notifies that the child belonging to weaker
section means, child belonging to all other castes & communities residing in
Karnataka excluding those categorized as disadvantaged group and whose
parents or guardians annual income is less than Rs. 3.5 lakhs (Rupees Three
lakhs and Fifty Thousand)
Selection Process
Unaided schools shall earmark at-least 25% of their strength of the entry
class as on 30" September of the previous year in conformity with figures
mentioned in UDISE. Out of 25% of the seats, 7.5% of seats shall be provided
to children belonging to Scheduled Caste and 1.5% of seats to Children
belonging to Scheduled Tribe. The balance of 16% seats shall be provided to
other Categories of children belonging to disadvantaged group and children
belonging to weaker sections living in the neighbourhood.
Parents seeking admission under RTE quota have to apply through
online. Those who have no access to internet can approach with required
documents either the Head Teacher or the Block Education Officer concerned
and get their application processed through online.
Applications received shall be scrutinized through software in batch
mode electronically and SMS shall be sent to the parents concerned in batch
mode to rectify the mistakes, either through internet directly or through the
jurisdictional Block Education Officer, within the stipulated time.
Parents can approach the jurisdictional Block Education Officer with
required documents for rectification of those mistakes which cannot be
rectified through software.
After causing thorough verification of relevant documents, the BEO
concerned shall upload the entries. List of eligible candidates shall be
generated through online software.
While considering the applications of children belonging to
Disadvantaged Group & Weaker Section, the applications of children whose
parents’ or guardian’s annual income is equal to or less than Rs. 01 lakh shall
5be given 1* preference. If seats are available, 2" preference shall be given to.
the applications of children whose parents’ or guardian’s annual income is
above Rs. 01 lakh but below Rs 3.5 lakhs.
If sufficient number of applications from children belonging to SC has
not been received, then those seats shall be filled from among children
belonging to ST and vice versa. If the SC & ST quota remains unfilled, then it
will be added to remaining categories of children belonging to disadvantaged
group and weaker section as defined in Rule 2(e) & 2(f) of the Rules. In case,
the seats earmarked for such other categories of children remain unfilled,
those seats shall be filled from among children from Scheduled Caste and
Scheduled Tribe.
The process of admission Under Section 12(1) (c) of the RTE Act is
processed at district level through online lottery with the help of software
developed for the purpose, in consultation with NIC.
Maximum per Child Expenditure fixed in Government Notification No.
ED 27 Mahiti 2012 Dated: 08-05-2012 read at (4) above continues till further
orders.
By order and in the name of the
Governor of Karnataka,
Tle
(H.S. Honnegowda)
Under Secretary to Government,
see Education Department (Primary).
To @
The Compiler Karnataka Gazette, Bangalore - for publication in the Gazette
extra-ordinary and to supply 500 copies to Primary-A Section of Education
Department, M.S. Building, Bengaluru-560001
Copy to:
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2) The Additional Commissioner for Public Instruction, Kalburagi
3) The Additional Commissioner for Public Instruction, Dharwad
4) Director (Primary Education), Department of Public Instruction, New
Public Offices, Nrupathunga Road, Bangalore-560001
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