Thursday, July 7, 2011

Parent’s Guide To Solve Problems In Educational Institutes

In today’s world, one of the biggest headaches or stress factor for any parent is regarding a decent education to their child. There are many parents out there who are fighting against the high handed approach, drastic fee increase and outright cheating by the school or college. These parents try and raise their voice in platforms like Teacher-Parents meeting, but seldom does it succeed.

FIRST OPTION:
Not many parents know that there are other ways to deal with their problem. Its a general Myth that a school or college being a public entity, is not covered under the RTI Act. Schools are very much covered under the RTI Act, only the depth of coverage differs.

Information from Private Schools can be obtained in two ways depending on two conditions.

1. Private Schools gets Grant/ Aid: If a private school gets grant or aid from the government or any other type of financial help like staff salary or land allocation, etc... then it comes under the definition of public authority and is liable to provide information under following section of RTI Act. 

Section-2(h)(d)(ii) of RTI Act .
"Non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government"

This school that fits in the above criteria, is then supposed to have Public Information Officers, and you can file your RTI application with them. If the said school does not have a system in place for RTI applications, then you can complain directly to the SIC or CIC as the case may be, for implementation of the Act. Please remember to include all the relevant documentary proof to support your argument to include the said school in the definition of the "Public Authority".

2. Private Schools who do not get grant can also be accesed for information indirectly by evoking following section of RTI Act. 

Section 2(f) of RTI Act
"information relating to any private body which can be accessed by a public authority under any other law for the time being in force"

Under the above sections, you can file an RTI Application reg the concerned School to the PIO of the Regional Education office of the State Government or Central government as the case may be. Its the duty of that officer to procure the said requested information from the concerned school with relevance to the prevailing law on education for that State.

The following are links to various rulings of CIC for schools / other education institutes: 





Please also refer to the following High Court Ruling, as it is also of relevance to the applicability of RTI Act on private Educational Institutes.





SECOND OPTION:
There are many Schools out there who charge all sorts of fees for something that does not exist. I had come across one such school who used to charge “computer fees”, but never conducted any computer class. You have the option of sending a Notice under the Consumer Act to such schools to immediately start the service for which they took payments, if the response is not favorable, you can approach the Consumer Court of your area for Redressal and compensation. The best part of the Consumer court is in Consumer court even a third party (non-lawyer) can appear for you without permission of the court. However in other regular courts if a third party (non-lawyer) has to appear for any person the court has to grant permission to that third person to appear.
  


Download Link for relevant Act & Formats






THIRD OPTION:
One may complain directly to the Education officer of your area regarding the misdeeds of the school.

Sometimes, the authorities turn a blind eye to your complaint. In such case wait for completion of 15 days from the date of submission of complaint and then file a short rti application asking
"Kindly provide me information on the action taken on my complaint against the XYZ School on .......date. Please provide certified copies of all the relevant documents where ever applicable"

Download Link for



This will improve the chances of you getting justice from the education office and correcting the ways of the said school.

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