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State permission required for CBSE ICSE – RTE act

The Tamil Nadu government, in an attempt to bring the schools affiliated to boards other than state boards under the control of its Director of School Education for implementation of Right of Children to Free and Compulsory Education Act (RTE act), has given itself the power to grant recognition to schools of all boards including those under CBSE and ICSE.

The hearing for the same had come up in the Madras High Court last week wherein the school education department in a petition had asked for appropriate provision in the rules under the 2009 RTE act.

Even thought the RTE act was passed in 2009 but it only came into practice and force in 2010. The school education department in Tamil Nadu made the mistake in bringing it to practice in the state and thereby leaving loopholes. Thus even after coming to power, the state could not grant recognition to CBSE and ICSE schools.

A V Pandian of Thirumullaivoil brought the anomaly to light and filed a petition stating that the state was bereft of an important power, and as a result a large number of CBSE schools had sprung up all across the state and were functioning without any recognition; reported TOI.

On coming up on hearing in court, the petitioner’s counsel submitted that CBSE can grant affiliation for classes up to Class VI, and recognition from the state was required for schools functioning Class VII onwards.

In answer to the same the school education board submitted a copy of the gazette notification dated September 19, as per which the director of school education would be the competent authority to grant recognition to schools established under other boards such as CBSE and ICSE. Noting that the relevant rule has now been adequately amended, the judges disposed of the case.

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