Quiz 10 — RTE Act, 2009: Rights, Duties, Norms & Amendments

(b) is correct: statements 1, 3 and 4 are correct. Section 12(2) opens “The school specified in sub-clause (iv) of clause (n) of section 2” — the unaided school — “providing free and compulsory elementary education as specified in clause (c) of sub-section (1) shall be reimbursed”. A specified-category school such as a Kendriya Vidyalaya is not named, so it gets nothing under s.12(2). The second proviso denies reimbursement “to the extent of such obligation” to a school already bound to give free seats because it received “any land, building, equipment or other facilities, either free of cost or at a concessional rate”. Rule 12(1) of the RTE Rules, 2010 takes the appropriate Government's annual recurring expenditure on elementary education in Government and local-authority schools and divides it by their enrolment; its Explanation leaves aided schools out. Rule 12(2) requires a separate bank account for the reimbursement. Statement 2 is wrong: the rate is the per-child expenditure “or the actual amount charged from the child, whichever is less”, and the first proviso caps it at the per-child expenditure of a Government school. (a) drops statement 4, though both of its limbs are in rule 12; (c) accepts “whichever is higher” and drops statements 1 and 3; (d) accepts statement 2 as well.

Both statements are correct, and Statement-II explains Statement-I. Section 5(2) gives a child who is required to move from one school to another, “either within a State or outside, for any reason whatsoever”, a right to seek transfer to any other school “excluding the school specified in sub-clauses (iii) and (iv) of clause (n) of section 2” — a specified-category school (Kendriya Vidyalaya, Navodaya Vidyalaya, Sainik School and the like, s.2(p)) and an unaided school. Section 5(3) requires the head teacher of the last school to issue the transfer certificate immediately; its first proviso says delay in producing it “shall not be a ground for either delaying or denying admission in such other school”, and its second makes the head teacher who delays it liable to disciplinary action under the service rules. Each limb of Statement-I follows from these words. (b) denies the link, though Statement-II is the very text that decides both limbs of Statement-I; (c) rejects Statement-II, which restates s.5(2) and s.5(3) closely; (d) rejects Statement-I, the trap of reading the right of transfer as open to every school, or of treating the transfer certificate as a precondition of admission.

(b) is correct: A-2, B-4, C-1, D-3. Section 13(2)(a): a school or person that receives a capitation fee is punishable “with fine which may extend to ten times the capitation fee charged”. Section 13(2)(b): subjecting a child to a screening procedure attracts a fine up to “twenty-five thousand rupees for the first contravention and fifty thousand rupees for each subsequent contraventions”. Section 17(2): whoever subjects a child to physical punishment or mental harassment “shall be liable to disciplinary action under the service rules applicable to such person”; the Act prescribes no fine or imprisonment for it. Section 18(5): establishing or running a school without a certificate of recognition, or running it after withdrawal of recognition, attracts a fine up to one lakh rupees and ten thousand rupees for each day the contravention continues; s.19(5) prescribes the same for running a school after recognition is withdrawn for failing the norms. (a) swaps the screening fine and the recognition fine; (c) swaps the capitation and screening penalties; (d) gives physical punishment the recognition fine and puts the unrecognised school under service rules.