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2015 DIGILAW 3583 (MAD)

Enchanting Elves v. K. Balasubramanian

2015-10-30

SANJAY KISHAN KAUL, T.S.SIVAGNANAM

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ORDER : 1. We have scrutinised the draft code of Regulation for play school, 2015 and appreciate the endeavour put in by the Respondent in formulating the same. There are however still some concerns expressed by the schools, which we are urged to deal with. 2. We are unable to accept the plea that the schools should not be Restricted to the ground floor, especially as these are meant for young children, being play schools. Similarly, we see no Reason why the minimum Requirement of the lease of 5 years should be reduced to 3 years as there has to be some element of permanency. 3. There are two other aspects which we feel need some minor modifications. In chapter-11, dealing with functioning of the schools, clause-17 (a) provides for working of not more than 3 hours per day. It is stated that the object is that a child should not be in the school for more than 3 hours, but this clause may be suitably modified to take care of a situation where the school may Run for more than one session with different set of students. 4. The last aspect which has some bearing on the functioning of the schools is in clause-3 (a), which Requires the management and administration of every school to vest with only a trust or a society. The objective of the same explained by the learned special government pleader for the education department as set out from the discussion on the Recommendation is that the Right of children to Free and compulsory Education act, 2010 Read with the Rules therein provides so. We however feel that those are in the context of schools imparting Regular education, while we are dealing with pre-schools and such a stringent Requirement is not necessary, especially keeping in mind that they are often operated by ladies from their house/properties. We are thus of the view that the suggestion made by the schools for including such entities as individuals/companies partnership/proprietorship should also be taken care of, specifying the person who would be Responsible for its functioning. 5. At this stage, another aspect Raised is qua chapter-10 dealing with admission of children to the extent that clause-16(d) Requires schools to admit children Residing within the Radius of one kilometer. 5. At this stage, another aspect Raised is qua chapter-10 dealing with admission of children to the extent that clause-16(d) Requires schools to admit children Residing within the Radius of one kilometer. It is suggested that the Radius should be extended, as one kilometer is to short a distance, though certainly young children should not be made to travel long distance. On analyzing the aforesaid plea, we are of the view that the distance be extended to three kilometers as suggested. The Regulation as amended aforesaid be notified on or before 15th December, 2015. The application accordingly stands disposed of.