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State of Uttarakhand - Section

Section 18 in Uttarakhand Right of Children to Free and Compulsory Education Rules, 2011

18. Withdrawal Of Recognition Of Schools.

(1)Where the District Education Officer/Committee members as the case may be on his own motion, or on any representation received from any person, has reason to believe, that a school recognized under sub rule (5) of rule 17 has violated one or more of the conditions for grant of recognition or has failed to fulfill the standards prescribed in the schedule, he shall act in the following manner-
(a)Issue a notice to the school specifying the violation of the condition of grant of recognition and seek its explanation within one month;
(b)In case the explanation is not found to be satisfactory or no explanation is received within the stipulated time period, the District Education Officer within a period of seven days may cause an inspection of the school, to be conducted by a committee, comprising the following members-
(i)Additional District Education Officer(Basic)-Member Sec;
(ii)A member nominated by District Magistrate - Member;
(iii)Block Education Officer of the related Block - Member; and
(iv)A member of the recognised Association of Private Schools.
The Committee shall make due inquiry and submit its report, along with its recommendations for continuation of recognition or its withdrawal, to the District Education Officer within twenty days of the inspection;
(c)On receipt of the report and recommendation of the committee, the District Education Officer shall take a decision for withdrawal of recognition with in a period of fifteen days from the date of receipt of the report. Such decision will be placed in the public domain and sent to the Director of School Education for approval/disapproval. Provided that no such decision for withdrawal of recognition shall be taken by the District Education Officer without giving the school an opportunity of being heard;
Provided further that no such order shall be passed by the District Education Officer without prior approval of the Director of School Education. The Director shall issue an order regarding the withdrawal of recognition within 15 days of the receiving of the case.
(2)The order of withdrawal of recognition passed by the District Education Officer shall be operative from immediately succeeding academic year and shall specify the neighborhood schools to which the children of that school shall be admitted.
(3)The appeal against the order issued under sub-rule (1) may be filed before the State Government within fifteen days from the receipt of the order. The State Government after giving opportunity of hearing to both the parties, will pass the order within two months from the date of submission of appeal. The order of the Government shall be final.
(4)The information of recognition or de-recognition of any school will be sent to the Block Education Officer and Gram Panchayat/Urban Local Body.Part - V School Management CommitteeComposition and Functions of the School Management Committee, in the State of Uttarakhand shall be the same as notified by the State Government through the Government Notification No.- 158/XXIV(1)/2011-60/2010, Dated 09 February, 2011 and as amended by the notification from time to time.