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Education and Laws
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Regarding the illegal acceptance of donations for admissions in school and colleges since 1997-98 onwards.
GOVERNMENT OF MAHARASHTRA
H.S.C. 1097/, NO.(1444/97)
School Education Dept.
Ministry, Ex-Bhavan
Mumbai - 400032
Date - 26 May 1997
Ref. : 1) Govt. decision: No. H.S.C. 1089/210906 (4022/889) Date 13 Jun 1989
2) Your's semi-Govt. letter No.13/v.m.v./Admission/1072 Date 19 May 1997.
Honourable High-Court has given decision about the admissions of 11th std. This decision is given
on the writ petition filed by `Forum for fairness in Education' on dated 5/5/97. According to this order (decision) all the educational institutions should follow the following rules while giving admissions in their schools and colleges.
- All institutions should give admissions according to merit list. It is illegal to accept the donation while giving admissions. It is a punishable offence also. If any complaint is received of capitation fee, the Govt. will take strict action against the Institutions according to Maharashtra Educational Institutions (Prohibition to take capitation fee) Rule 1987.
- According to court's decision every institution should follow the reservation for the backward students.
- The H.M. / Principal should display the list of all the students who have submitted their admission forms with their respective marks. H.M. must display the ‘Admission list' on the notice Board.
- Students and Guardians can take the information about the admissions given by institutions from the office of the Deputy Director, Brihanmumbai. If such information is demanded, the Deputy Director should provide such information without any delay.
- Previously, the students who are unable to get admissions in high schools and Junior colleges on their own, the Deputy Director used to give the admissions by opening the centres. But now, Because of decision by High court, all the admissions will be given by institutions only from 1997-98. The office of the Deputy Director won't open their centres for the admission. The students should apply in the institutions only.
Above Govt. decision must bring to the notice of all Educational Institutions immediately. It must be punished in the newspapers, on Television and Broadcasting.
Regulating the curriculum to be followed in primary schools.
GOVERNMENT OF MAHARASHTRA
School Education Department
Govt. Decision : No./099/180/99
Date 30 December, 1999.
In Maharashtra, according to National Education policy of 1986, the curriculum at primary level has been reconstructed. According to this reconstructed curriculum there are six subjects at primary level for Ist std. to IVth Std. These are:
- Mother tongue
- Mathematics
- Craft
- Art
- Physical Education, Health & Hygiene
- English, Marathi and Hindi are introduced along with these subjects for std. 5th.
The students whose mother tongue is Marathi, they can learn english and Hindi in Std.5th. The other lingual students can learn their own mother tongue, Hindi, English and regional language Marathi.
It is observed that day by day, the tendency of the Guardian to educate their wards from English medium schools is increasing. Though, these schools are on permanent non grand basis, people are attracting towards the school. English is an international language. Our Government has adopted the Economical Liberalisation and hence the necessity of English language is increased. Now, English is a main medium in today'ss technological communication. The books on computer and Internet are available in English only. We can translate some books in other languages. If we want to prosper in this field we have to learn these books and advance technology. According to prevailing curriculum English is taught from 5th std. in marathi medium whereas in English medium schools it is taught from Ist std. It is observed that most of the students failed in maths and English in secondary school examination. One of the reason for that is they start learning English late. Hence they get less knowledge as compared to English medium students. Hence they lay behind in the age of competition. So it is very necessary to give more importance to English in educational system. In 21st century every student get his education through his
mother tongue. He must acquire good knowledge of National language but at the same time he must learn language of knowledge i.e. English also. Considering the importance of English and its necessity, if the subject is started from Ist std, it would be very helpful for the students while taking his higher education. So it is desirable to give the students the knowledge of English at the same time we must evoke the proper pride of his mother tongue.
Govt. Decision : The programme will be executed as follows
Taking into consideration above facts the Govt. of Maharashtra has decided to start English as a subject at primary level. The teaching of English will begin from June, 2000.
- 2001 - Std Ist to IVth the curriculum of std Ist for all classes.
- 2001 to 2002 - curriculum of Ist std for Ist std and curriculum of 2nd for 2nd, 3rd & 4th
- 2002 to 2003 - curriculum of Ist std & IInd for their respective classes. Curriculum of 3rd std for 3rd & 4th std.
- 2003 to 2004 - curriculum of std Ist to 4th of their respective class.
The curriculum of subject english will be prepared by S.C.E.R.T. Teaching aids and books will be
prepared by Maharashtra state Board of secondary and High education, Pune.
There will be 5 pds for eng. in a week. There will be 4pds for crafts except inspite of 9pds. The curriculum 08 Crafts will be revised by S.C.E.R.T. Pune.
Procedure Regarding Admission to Class 11th - Academic Year 1997-98
Government of Maharashtra
Secondary Education Department
Govt. Resolution No. H.S.C. 1097/(1444/97) HSCE-1
Mantralaya Annexe - Mumbai 400022
Dated 26th July, 1997.
Reference :
- Govt. Resolution No H.S.C. 1097/(1444/97)HSCE-1 Dated 4th June, 1997.
- Write petition No932/96- Notice of Motion 151/97 order by the Honourable High Court of
Judicature at Bombay dated 12th June, 1997.
- Honourable High Court, Bombay-Orders in write Petition No 475/97 dated 17th & 25th June,1997.
Preface :
Honourable High Court of Judicatures, Bombay on 5th May, 1997 in write petition No 475/97 has ordered that all admissions in schools and colleges at all levels be given only on merit only, while giving admissions if any donations are taken then strict action under the Maharashtra Education Institution Rules 1987 should be taken vide this department Ordered dated 12th June 1997, Similarly order have been issued in the matter of write petition No 475/97 on 17th June, 1997.
The matter of taking action in continuation of the said order, was under consideration of the Government.
Government Resolution :
As per the above mentioned orders of the Honourable High Court the following orders are being issued by the state Govt. to all the Educational Institutions, Director of Education, Maharashtra State Pune and all Regional Deputy Directors of Education and all Education Officers (Middle Schools).
Educational Institutions run by the minorities (Religious/Linguistic) in the State, shall admit the minority student community (Religious/linguistic) to the extent of 50% of the admission capacity of the schools/colleges run by them While giving admissions the previously approved rules be followed and such rules be put up on the school notice board.
After the admissions as mentioned above are completed then the balance seats be filled up by the
admissions to students in the general category on merit basis only.
Each High Schools and junior college shall issue to applicant students the application forms and prospectus on payment of prescribed fees. The concerned school/junior college are bound to accept all application for admission without any restriction of percentage of marks. There after the said school/college shall put up the notice board the list of the applicants with the marks obtained and also the list of admitted students on merit basis. All those students or their guardians who feel insustained has been done to them in the matter of admission, should apply to the concerned school/college/deputy director of education/Education officer (secondary education) for the merit list. For getting this list the student/guardian shall pay fees @ of Rs.5/-
per page (both sides) to the concerned authority and the said authorities bound to provide the list to the student/guardian.
Any school or college which indulges in the mal-practices in admissions or disregards the prescribed rules shall be prosecuted under the Prevention Capitation Fees Act,1987.
If the same management is running a middle school and connected to it the Higher Secondary classes of 11th and 12th under one roof or in the same compound, Similarly the same management is running middle school and college and attached to the college is Higher Secondary 11th and 12th classes under one roof or in the same compound, then 20% of the administration in the middle school shall be filled up to on the merit basis only.
From the academic year 1997-98 admission to the 11th class can be given on the merit basis of the marks secured in the 10th class.
There is no restriction of minimum percentage of marks secured in the 10th class examinations for the admissions to 11th class in Arts and Commerce faculties. But for admission to Science subjects minimum of 40% of marks have to be secured in the 10th class examinations as per the rules prescribed by the Maharashtra State Secondary and Higher Education Board. These provisions by the Board are continued heretofore.
Strength of the students in the class be kept at 60 in the High School attached to the middle school and if the are of the class rooms in the High Schools is larger then depending up on the area the strength be increased up to. 80 students.
The strength of the students in High school class attached to the college kept up to 100 students depending up on the size and area of the class rooms.
Considering the seriousness of the question of admissions in High school attached to colleges in Greater Mumbai, the strength of the students depending upon the size of the High School classes be allowed up to 120 students.
GOVT. Resolution No SSN 1194/(4298/BC-3 dated 17.7.95 shall be binding upon the management as
regards to admissions to backwards communities students.
The Govt. Resolution Education and Services Dept. No GSC 1088/129/BC-2 dated 20/12/1988 regarding the students of the scheduled tribes in the tribal districts the admissions shall be 22% in Thane 22% in Nasik, 22% Dhulia, 9% in Raigad, 14% in Yavatmal, 15% in Chandrapur and 15% in Gadchiroli and this shall be binding upon the management.
By the earlier Govt. decision dated 13/6/1989 the High School management was allowed discretion to fill up to 5% of the total seats for higher secondary classes This permission continues but the admission shall be on merit basis only.
5% of the total seats for admission are reserved for the students whose guardians are employees of the State central Govt. / Defense Department/private sector and are transferred and for physically handicapped/in service or retired soldiers/freedom fighters or victims of accidents. These student shall be admitted by the High Schools or junior college at these level by on merit. For this the Regional Deputy Directors of Education/Education Officer (middle school) shall be fixed the number of seats for each faculty on the basis of 5% of the total admission and inform each school/college, before the process of admission starts. Accordingly the concerned school/college shall put on its Notice Board, the number of seats available under this 5% quota. Also the concerned school/college shall display the list of all the students who have submitted
their admission forms with the respective marks on its Notice Board as also the admission list as per the merit list. If any of the seats under this 5% quota remain unfilled, then the school/college shall inform the concerned Deputy Director of Education/Education officer (middle school).
2% of the admission are reserved for the meritorious students winning the 2nd prize in the fields of arts and sports.
If any seats out of the above referred 2% remain vacant then the vacancies be informed to the concern DDE/E.O./Secondary School.
If for any reasons the quota seats for a particular Backward class is not filled in fully and a few seats remain vacant then the same be filled in by giving admission to another Backward class students, while doing so it will be immaterial if one particular backward class quota of admission exceeds the fixed limit of seats for the category then if all the seats as per quota are not filled and remain vacant, then the same seats be treated as open seats and be filled in on the merit from the general category.
The schools who have both the Secondary and higher secondary classes shall give admission forms to the students for the 1st year of Higher Secondary School for Three working days from the day the final results of the secondary schools are declared. Than if the number of admissions is less than of the number seats to be filled in only then the admissions forms be issued from the 4th working day onwards otherwise no. students shall have to apply separately for admission to each faculty e.g. for Arts, Science, Commerce etc. Therefore the students shall clearly inscribe on the admission form like `Arts faculty' or `Science faculty' or commerce faculty. Student seeking admission in the reserved seats must inscribe clearly "For Reserved seats" on the admission form similarly for admission to 5% reserved quota seats "For 5% Reserved Admission" must be inscribed clearly on the admission form.
Unless the following documents are enclosed with the admission form, it will not be a valid application :-
- Certified copy of the Marksheet of the Secondary school or equivalent final examination.
- Wherever necessary, a certified copy of the certificate issued by the Maharashtra State Secondary and Higher Secondary Education Board.
- Certified copy of the certificates that the applicant belonging to a backward class community issued by appropriate authority if the applicant is for admission to one of "Reserved Seats".
- For admission under 5% Reserved Seats certified copy of a certificate as proof for the particular category.
Incomplete Applications for admission or non enclosure of certified copies of the certificates as referred above in (1) or (2) can be rejected on spot similarly application for admission to "Reserved Seats" is not enclosure with certificates as referred above in (3) can also be rejected on the spot.
After final examinations results are declared by the Board, then after the 4th of day (including the day of declaration of the results) all the valid applications received by the schools, Spot out the applications for (a) the Reserved seats and (b) Non Reserved seats in such two categories and then scrutinize them.
The students for the `Reserved Seats' category must be admitted strictly on merit basis.
For Non Reserved seats also the applicants must be given admission strictly on merit basis only.
The maximum number of marks secured and of 750 marks in the secondary school examinations of the
Board or other equivalent examinations, shall be the only criteria for admission. For this the total marks obtained by the students who have passed the examination of the other Statutory Bodies/Institutions (e.g. ICSE & like) should be considered on pro data marks of against total 750 marks of the board. No preference shall be given to the student who have passed the equivalent of the Board examination. Similarly before giving admission no Viva Voce test nor any other type of test shall be taken. If there is tie amongst the applicants having the same number of marks then the preference shall be given to the students residing nearer to the school/college and this will be the criteria for such occasion.
All the educational institution shall sort out all the applications on total marks secured basis. Then by the 7th day of the declaration of results by the Board, the Head master or the principal shall display on the Notice Board the admission list on the merit basis fop the reserved as well as non reserved seats (The list of admission displayed shall show the names of the students and marks secured by then in the Board or equivalent examinations). Those students whose names are not displayed on the admission list and have not paid the prescribed fees and availed of the admission their seats will be declared vacant. Also another list of the merit basis for the students whose names are not there on the admission list displayed shall be prepared as `wait listed students' list and shall be displayed on the Notice Board, and the number of the students in `Wait Listed' should not exceed 10% of the total seats.
The school/college should be complete the admission process within 15 days(excluding the day of results) and on the 16th day the information about the unfilled or vacant seats in the reserved or non-reserved sent to the Deputy Director of Education/Education officer (Secondary).
The students whose names are displayed on the as above referred in the Admission List on the Notice Board should be given admission within the working days from the date of display. If the same of the students do not avail of the admission within 3 working days by paying the requisite fees. Then such seats that are vacant shall be filled up with the students from the "Waiting List". If within 2 day working days those students from the waiting list who do not avail of the admission within 2 working days by paying the prescribed fees, then their priority in the `waiting list' will be gone. If in any institution, even after the waiting list is exhausted and all seats are not filled in them should be filled in the from the list of total valid application
on marks basis.
For Pune City Maharashtra Govt. vide their order No. HSC 1095/(955/95) HSE-1 dated 24/1/1996 have
allowed the use of computer for centralised admission to the 11th class on merit basis from the academic year 1996-97. This system of admission is very well functioning in Pune city and all the admission are given on merit taking into account the various Govt. Provision. This computerised centralised admission be continued provided all Govt. Provision are taken care of.
As referred to above, the Deputy Director of Education officer (secondary) will supervise and regulate the above referred admission. They should so that Govt. orders referred above, are meticulously followed by the schools and college.
All the educational institutes in the state from the academic year 1997-98 should be given admission only on the basis of merit. If only the donations is taken while giving the admission, then strict action will be taken under the Maharashtra Educational Institutes (prevention of capitation fees) Rules 1987. The Deputy Director of Education/Education Officer (secondary) should bring this matter once again, to the notice of all educational institutions. The Head Master/Principal of the concerned school/college should bring to the notice of the students by permanently displaying the above information on the Notice Board. Similarly, The Director of Information and public relations Mantralay, Mumbai should inform the people of Maharashtra about this new system for admission to schools and colleges by publicity in prominent news papers.
By order and in the name of Govt.
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