Share the Article:

The Cabinet has approved the amendment to Right of Children to Free and Compulsory Education (RTE) Act, 2009 thereby extending the period for teachers to acquire minimum qualification prescribed by the academic authority to extend the period for such training for four years up to 31st March, 2019.

The Proviso to Section 23(2) of the Act specifies that all teachers at elementary level who, at the commencement of this Act, did not possess the minimum qualifications as laid down under the RTE Act, need to acquire these within a period of five years i.e., 31st March, 2015.

However, several State governments have reported that out of a total number of 66.41 lakh teachers at the elementary level, 11.00 lakh are still untrained (of this, 5.12 lakh are in Government and Aided Schools and 5.98 lakh are in private schools). Therefore amendment was effected to ensure that all teachers, in position as on 31st March, 2015, acquire the minimum qualifications prescribed by the academic authority, it is necessary to carry out appropriate amendment in the RTE Act, 2009 to extend the period for such training for four years up to 31st March, 2019.

The Government feels that this will enable the in-service untrained elementary teachers to complete their training and ensure that all teachers at the elementary level in the country have a certain minimum standard of qualifications. It is also the belief of the Government that this would also ensure that the Teachers would attain minimum qualifications as considered necessary to maintain the standard of teaching quality,  which would ultimately result in improvement in overall quality of teachers, teaching processes and consequently learning outcomes of children.

The Right of Children to Free and Compulsory Education (RTE) Act, 2009, is effective from 1st April, 2010. It envisages free and compulsory elementary education to every child in the age group of 6-14 years.

EduLegaL View:

In jurisprudence, it is said every right has a corresponding “duty”. We have “fundamental rights” in India, which are guaranteed. We also have “fundamental duties” under our Constitution, which are not enforceable.

If a child has been fundamental right to education under Article 21A of Constitution of India to ensure that that the said right is exercised in purposeful manner, all the stakeholders connected with such fundamental right to fulfil their duties and obligation. Else, the right may be exercised but the purpose of building an educated and updated India may not be served. 

Share the Article: