Chandigarh: Bhavan Vidyalaya, the elite Sector-27 school that raised a storm by holding an admission test for Class VI, now pays for violating the Right to Education (RTE) Act. But the district education officer that fined it Rs 25,000 on Thursday didn’t say if the applicants’ parents will get their money back.

There’s no direct order either to not continue with the test. The letter only informs the school of a penalty of Rs 25,000 that it must pay. The application form for each seat was worth Rs 500 and the test was on February 10. After taking legal opinion on the school’s reply of February 20, the education department asked its DEO to act against the institute under the RTE Act.

Following clearance from the legal department, DEO Anujit Kaur declared the fine. Her letter to the school states that: it has “violated Section 13 of the RTE Act, 2009, which calls for a penalty”. Education department officials say that in 2016, the school had received a show-cause notice for violation of the provisions, and it breached the law again this year by screening children for admission to class Vl.

Asked why the letter of penalty was silent on the cancellation of the test and any refund to the candidates’ parents, Anujit Kaur said: “We have fined them and we will see what they do next.” After the media reported that this school run by the Bharatiya Vidya Bhavan society had adopted a screening procedure for Class VI in contravention of Section 13 (1) of the Right to Free and compulsory Education Act, the education department had sought its comments on this method.

In response, the principal had submitted that if no child could be detained until Class VIII, it was justified for a school to screen the seat seekers on the basis of an examination. This reply says: “If the school can screen its own students through examination, it is reasonable to infer that a it can also screen the candidates for admission to Class Vl.”

Section 13 (1) of The RTE Act is clear on three things. One that while admitting a child, no school shall collect any capitation fee from the child’s parents or subject both to any screening procedure, and two, that if a school receives capitation fee, it will deserve a punishment along with a heavy fine of up to 10 times the capitation fee charged. Subjecting a child to the screening procedure carries a fine of up to Rs 25,000 for the first offence and Rs 50,000 for each subsequent violation.”

Box:

Not clear

Will the applicants’ parents get their money back?

Why there’s no direct order to not continue with the test?

Box:

RTE Act says

While admitting a child, no school shall collect any capitation fee from the child’s parents or subject both to any screening procedure

If a school receives capitation fee, it will deserve a punishment along with a heavy fine of up to 10 times the capitation fee charged

Subjecting a child to the screening procedure carries a fine of up to Rs 25,000 for the first offence and Rs 50,000 for each subsequent violation

