Section 18 of The Right of Children to Free and Compulsory Education Act, 2009
- (1)No school, other than a school established, owned or controlled by the appropriate Government or the local authority, shall, after the commencement of this Act, be established or function, without obtaining a certificate of recognition from such authority, by making an application in such form and manner, as may be prescribed. (2) The authority prescribed under sub-section (1) shall issue the certificate of recognition in such form, within such period, in such manner, and subject to such conditions, as may be prescribed: Provided that no such recognition shall be granted to a school unless it fulfils norms and standards specified under section 19. (3) On the contravention of the conditions of recognition, the prescribed authority shall, by an order in writing, withdraw recognition: Provided that such order shall contain a direction as to which of the neighbourhood school, the children studying in the derecognised school, shall be admitted: Provided further that no recognition shall be so withdrawn without giving an opportunity of being heard to such school, in such manner, as may be prescribed. (4) With effect from the date of withdrawal of the recognition under sub-section (3), no such school shall continue to function. (5) Any person who establishes or runs a school without obtaining certificate of recognition, or continues to run a school after withdrawal of recognition, shall be liable to fine which may extend to one lakh rupees and in case of continuing contraventions, to a fine of ten thousand rupees for each day during which such contravention continues.
Summary
- No school, except those owned or run by the government or local authority, can exist or function without a certificate of recognition, which means official government approval.
- To get this certificate of recognition, a school must apply using the prescribed form and manner.
- A school cannot get recognition unless it meets the standard norms and school facility criteria set out in Section 19.
- If a school violates the conditions on which it was recognised, the authority will write an order to withdraw its recognition.
- When a school loses its recognition, the order must state which local neighbourhood schools the displaced children will go to.
- It is completely illegal to run a school without recognition or after it has been withdrawn, and doing so attracts heavy fines.
Practical examples
FAQ
1. Do government-run schools need to apply for a certificate of recognition under the Right of Children to Free and Compulsory Education Act, 2009, Section 18?
No, under Section 18 of the Right of Children to Free and Compulsory Education Act, 2009, schools established, owned, or controlled by the appropriate government or the local authority are exempt from this requirement.
2. What is the fine for running an unrecognized school under Section 18 of the Right to Education Act, 2009?
Under Section 18 of the Right to Education Act, 2009, the fine can go up to one lakh rupees, plus an additional fine of ten thousand rupees for every single day the school continues to run illegally.
3. Can the government shut down a school's recognition without letting the school explain itself under the children's education law of 2009, Section 18?
No, Section 18 of the children's education law of 2009 specifies that no recognition shall be withdrawn without giving the school a reasonable opportunity of being heard in a prescribed manner.
Test yourself
Q1.Under Section 18 of the Right of Children to Free and Compulsory Education Act, 2009, which category of schools is completely exempt from the requirement of obtaining a certificate of recognition?
Q2.Under Section 18 of the Right to Education Act, 2009, what must a derecognition order explicitly contain to protect the students?
Q3.Under Section 18 and Section 19 of the 2009 Free and Compulsory Education Act, what is the absolute prerequisite for a school to be granted a certificate of recognition?
Q4.Under Section 18 of the children's education law of 2009, what is the maximum initial fine for establishing or running a school without a certificate of recognition?
Q5.Under Section 18 of the Right to Education Act, 2009, if a person continues to run a derecognised school after the closure order, what daily penalty applies?