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State of Gujarat - Section

Section 11 in Right of Children to Free and Compulsory Education Rules, 2012

11. Admission of children belonging to weaker section and disadvantaged group in unaided schools.

- [(1) The Children from weaker sections and disadvantages groups shall be children with disability or children of those families who belong to Schedule caste, Schedule tribes and the other backward classes for which the recognition of such special status by the State Government by means of a certificate of any appropriate authority shall be sufficient. The Children belonging to economically weaker sections shall be those whose families are listed in the Below Poverty Line (BPL) lists at that particular time.] [Substituted by Notification No. GH/SH/4/14/Pre/122010/GOI-10/K, dated 22.5.2013 (w.e.f. 18.2.2012).]
(1A)[ The admission of the children belonging to weaker sections and disadvantages groups referred to in sub-rule (1) shall be given in the following preference, namely:-
(1)Orphan Child.
(2)Child in Need or Care and Protection.
(3)Children of Child care Institution.
(4)Child Labour/Children of migrating Labourers.
(5)Mentally Challenged Child & Cerebral Palsy.
(6)CWSN (Children With Special Needs (Physically Handicapped).
(7)HIV affected Children.
(8)In case of Children belonging to Scheduled Caste, Scheduled Tribes preference shall be given in the following order-
(i)to the Children of the BPL Card holder,
(ii)to the parents of the Children of the who are not covered under BPL category and whose income do not exceed-
(a)in rural areas Rs. 27,000/-and
(b)in urban areas Rs. 36,000/- per annum shall be given the preference,
(9)In case Children belonging to OBC and Socially & Educational Backward Classes preference shall be given in the following order-
(i)First Priority to be given to Nomadic and De-notified Tribes (NDNT)
(ii)to the children of the BPL Card Holder
(iii)to the parents of the children who are not covered under BPL category and whose income do not exceed-
(a)in rural areas Rs. 27,000/-and
(b)in urban areas Rs. 36,000/- per annum shall be given the preference
(10)In the eventuality that children enumerated in the categories listed at Serial number (1) to (9) above are not available for admission and the situation arises where the reserved seats may remain vacant admission may be given to the children evaluated in the following categories-
(i)SC/ST Children with family income of up to Rs. 2/- lakhs per annum.
(ii)OBC/SEBC Children with family income of up to Rs. 1-lakhs annum.]
(2)The Director shall issue guidelines for such admission which shall be mandatory followed by the schools
(3)Special training for the special category children shall be undertaken by the school management to integrate them with other children. Teachers and the school management should be sensitized for the proper integration of these children through professionally conducted trainings.
(4)Under no circumstances should the special category children be discriminated against regarding their access to infrastructure, co-curricular activities or in the behavior of teachers, management and/or students. A serious contravention of this rule may lead to the withdrawal of recognition.
(5)The areas or limits of neighborhood specified in sub-rule (2) of rule 5 shall apply to admissions made in pursuance of clause (c) to sub-section (1) of section-12.Provided that the school may, for the purposes of filling up the requisite percentage of seats for children referred to in clause (c) to sub-section (1) of section-12, extend these limit with the prior approval of the State Government.