Everyone has the right to education. Education should be free, at least in the elementary and fundamental stages. Elementary education should be compulsory. The UN recommendation has been reinforced in the provisions of the Right of Children to Free and Compulsory Education (RTE) Act (2009), which came into effect in India on 1 April 2010, enshrining in law for the first time the rights of all Indian children aged between six and 14 years to free and compulsory elementary education regardless of caste, class, gender, etc.

The RTE Act, though deserves due credit for laying down in fairly specific terms state's responsibility towards education, it would be appropriate to examine the status and awareness on the part of schools and concern authority to provide free elementary education to the children aging between six to fourteen years of age.

Present research study has tried to explore the status of the implementation by analysing some important indicators which are necessary for the implementation of the Act. The paper also analyses the awareness and understanding of the provisions of RTE among the stakeholders in Himachal Pradesh.

Four years have already passed since implementation of the RTE Act in Himachal Pradesh but still the state has to do more in the terms of enrolment, basic infrastructure, student learning, awareness and understanding among its stakeholders. By providing some recommendations the paper calls for some necessary actions by the government to improve the implementation status of the RTE Act in Himachal Pradesh.

Introduction
In our national perception, education is essentially for all. Education has an acculturating role. It refines sensitivities and perceptions that contribute to national cohesion, a scientific temper and independence of mind and spirit thus furthering the goals of socialism, Secularism and democracy enshrined in our Constitution. The positive role of Universal Elementary Education (UEE) in strengthening the socio-economic base of a nation cannot be over-emphasized. Recognizing the importance of it, the original Article 45 in the Directive Principles of State Policy in the Constitution mandated the State to endeavour to provide free and compulsory education to all children up to age 14 within a period of 10 years.

The National Policy on Education (NPE), 1986/92, states via the 86th Constitutional Amendment, a new Article 21A was added in Part I of the Constitution of India to make free and compulsory elementary education a fundamental right for children. As a follow up to the NPE, a number of programmes were initiated in India with a view to achieving UEE. These efforts were intensified in the 1980s and 1990s through several interventions.

The latest is the SSA, a centrally-sponsored scheme implemented in partnership with state governments for the UEE across the country. Sarva Shiksha Abhiyan (SSA) is the government's flagship programme to provide universal access to elementary education for children 6-14 years old. Due to these initiatives, over the years there has been significant spatial and numerical expansion of elementary schools in the country.

Today, access and enrolment at the Primary stages of education have reached very close to universal levels. The scheme aims to improve enrolment, retention, and the quality of education to enable children to achieve grade appropriate levels of learning. The number of out-of-school children at the elementary level has reduced significantly. The gender gap in elementary education has narrowed and the percentage of enrolled children belonging to scheduled castes and tribes has increased successively.

Right to Education a Historical Background
The Right to Education Act was earlier termed as The Right of Children to Free and Compulsory Education Act came into function after Gopal Krishna Gokhale's famous impassioned plea to the Imperial Legislative Council for introducing free and compulsory primary education throughout India. India became one of the 135 countries to make education a fundamental right of every child, when the act finally came into practice in April 2010. A rough version of the draft was first prepared in the year 2005.

It was met with a lot of criticism because of the large percentage of reservation made mandatory across all schools for the unprivileged children. However, the Central Advisory Board of Education, who were founders of the draft, stood ground and justified the 25 percent reservation as a definite requisite to become a democratic and egalitarian society.

Right to Education Act, 2009
The Right of children to Free and Compulsory Education (RTE) Act 2009 passed by the Indian Parliament in 2009 mandates free and compulsory education of all children of 6-14 years age until they complete elementary education in a neighbourhood school. There is also a reference of children with disabilities who are to be given elementary education in the age range of 6-18 year of age as defined in clause (i​​) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection and Full Participation) Act, 1996 in accordance with the provisions of Chapter V of the said Act.

The Act also has a provision for every child, who is above six years of age and has not yet been admitted to any school or could not complete his/ her elementary education due to any reason, to be admitted in a class appropriate to his or her age. The child admitted under age appropriate admission has a right to receive special training or additional instruction in order to be at par with other children of the class. However, there is an important concern over implementation of RTE Act in the school system with reference to the special training or instruction, its modalities and execution.

The states are expected to respond to the situation arising out of the implementation of the Act. States and UTs are required to pay special attention to cope with the situation in terms of appointment of qualified teachers, development of special training programmes for out of school children admitted to age appropriate classes and preparation of relevant teaching learning materials for them.

In order to ensure access to education to all children in the age group of 6-14 years, the RTE Act offers the following provisions:

Right of children to free and compulsory education till completion of elementary education in a neighbourhood school. According to the Act 'compulsory education' means obligation of the appropriate government to provide free elementary education and ensure compulsory admission, attendance and completion of elementary education to every child in the 6-14 age groups.


Local authorities should identify out of school children (OoS) with the help of teachers, school management committees (SMCs) and enrol them in age appropriate classes. The Act also provisions for special training to OoS children admitted to age appropriate classes.

• No child should be denied admission due to the lack of birth certificate.
• Children should get a transfer certificate at any time of the academic year on request and also should be admitted during any time of the academic year in the age appropriate class.
• No fee should be collected from any child.
• It specifies the duties and responsibilities of appropriate Governments and local authorities. In providing free and compulsory education, and sharing of financial and other responsibilities between the Central and State Governments.
• It provides for adequate deployment of teachers by ensuring that the specified pupil-teacher ratio is maintained for each school, rather than just as an average for the State or District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings. It also provides for prohibition of deployment of teachers for non-educational work, other than the decennial census, elections to local authority, state legislatures and parliament, and disaster relief.

It provides for appointment of appropriately trained teachers, i.e. teachers with the requisite academic qualifications.

School should be CWSN friendly with special teachers, learning and transportation support.

It prohibits:

1. physical punishment and mental harassment;
2. screening procedures for admission of children
3. capitation fee;
4. private tuition by teachers and
5. running of schools without recognition,

It provides for development of curriculum in consonance with the values enshrined in the Constitution, and which would ensure the all-round development of the child, building on the child's knowledge, potential and talent and making the child free of fear, trauma and anxiety through a system of child friendly and child centred learning.

It provisions 25 % reservations in private schools for children from the disadvantaged and economically weaker sections (EWS).

It has provisions which envisage social inclusion and gender equity in the school management committee (SMC).

Key efforts for the implementation of the RTE Act 2009
One of the unique features of the RTE Act is that it has very clearly put down a deadline for its implementation. It specifies that within three years from the date of enactment, all the provisions except for qualified teachers should be met and that the latter should be fulfilled by 2015. Towards this end, government has taken the following steps:

Revised the SSA Framework in 2011,brought out the National Curriculum Framework for Teacher Education (NCFTE) in 2009,established the monitoring arm of RTE implementation by strengthening the RTE division of National Commission for Protection of Child Rights (NCPCR),mandated the Central Advisory Board l for Education (CABE) to review the status of implementation periodically and ​ More importantly ensured that all States notified RTE​ State rules.

Right to Education Act a Milestone
The Right to education Act is a fundamental right which allows every child between the age group of 6 to 14 to have access to free and fair education. It requires all private and government schools to reserve 25 percent of the seats for children belonging to weaker sections of the society. The act also separates the fraudulent schools and donations and concessions have been rolled back. The act also states that no child shall be expelled, held back or required to pass a board examination until the completion of elementary education.

There is also a special training of school drop-outs to bring them up at par with students of the same age. The Right to Education act stretches to 18 years of coverage for children with disabilities, and other provisions covered in the act range from infrastructure development, teacher-student ratio and faculty are mentioned in the act. The National Commission for Protection of Child Rights is an autonomous body set up to monitor the implementation of the act along with commissions set up by the States. The body in question was formed in the year 2007.

Status of Implementation of RTE Act in India
Table No. 1 Demographic Indicators of India

Indicators	Census 2011
Total Population	121.01 Cr
% age of Urban Population	31.2
% age of Scheduled Caste Population	16.6
% age of Scheduled Tribes Population	8.6
% age of Total Literacy Rate	73.0
% age of Female Literacy Rate	64.6
% age of Male Literacy Rate	80.9
Sex Ratio (0-6 years)	914

The above table shows that the population of India according to the census is 121.01 crores among which the urban population is 31.2 percent, SCs population is 16.6 percent and STs Population is 8.6 percent. The total literacy rate is 73.0 percent among which female literacy rate is 64.6 percent and male literacy rate is 80.9 percent.

Table No. 2 Enrolment Indicators

Indicators	Years
	2009-10	2012-13
Total Enrolment Primary	133405581	134784272
Total Enrolment Upper Primary	54467415	64926077
% age of Girls to Total Enrolment Primary	48	48
% age of Girls to Total Enrolment Upper Primary	48	49
Gender Parity Index Primary	0.94	0.94
Gender Parity Index Upper Primary	0.93	0.95
% age of SCs to Total Enrolment	20	20
% age of STs to Total Enrolment	11	11
CWSN Enrolment	1402817	2175768
Annual Average Drop-Out Rate (Primary)	9.1	5.6

The data in the table reveals that the total enrolment at primary level was 133405581 in 2009-10 and was increased to 134784272in the year 2012-13. The enrolment at Upper Primary level was 54467415 in the year 2009-10 and increased to 64926077 in 2012-13. The percentage of girls' enrolment at primary level remains same and increases with one percent at Upper Primary level. The enrolment percentage also remains the same for STs and SCs students. The average drop-out rate decreases from 9.1 in the year 2009-10 to 5.6 in the year 2012-13.

Table No. 3 Status of RTE
 

Indicator	No. of States/UTs
	2009-10	2012-13
Notification of State Rules	15	34
Constitution of SCPCR	11	32
Notification of Academic Authority	20	34
Policy on Eight Year Elementary Education	28	34
No Detention	27	34
No Corporal Punishment	28	34
No Board Exam up to Elementary Level	26	34
Banning Private Tuition	18	34
Banning Screening Procedure and Capitation Fees	18	34
Working Days Notified	21	33
Decentralized Grievances Redressal Mechanism		20
Local Authority Notified		26
% age Schools with School Management Committee Constituted		26
25% Admission in Private Unaided Schools at Elementary Level		27

The data in the above table shows that the indicators mentioned in table number 3 are adopted by the maximum states of the country. The RTE Act is not implemented in the state of Jammu and Kashmir.

Table No. 4 School Infrastructure

Indicator	Years
	2009-10	2012-13
Number of Elementary Schools (Govt. + Aided)	1120968	1153472
Student Classroom Ratio (SCR)	32	29
% age of Primary Schools with Student Classroom Ratio >30	40	29
% age of Upper Primary Schools with Student Classroom Ratio >35	36	32
% age Schools with Girls Toilet Facility	59	69
% age Schools with Drinking Water Facility	93	95
% age Schools with Ramp Facility	47	56
% age Schools with PlayGround Facility	51	57
% age Schools with Boundary Wall Facility	51	61
% age Schools with Kitchen Shed Facility	43	60

The data related to the school infrastructure in the table shows that the number of elementary schools government aided increased from 1120968 in the year 2009-10 to 1153472 in the year 2012-13. There is a decrease in the student classroom ratio. Girls' toilet facilities also increased by 10 percent. Drinking water facility also showed an increase with 2 percent, ramp facility increased by 9 percent, playground facility increased by 6 percent, boundary wall facility increased by 10 percent and kitchen shed facility increased by 17 percent.

Table No. 5 Teachers Indicators

Indicators	Years
	2009-10	2012-13
Total Teachers (Govt. + Aided)	4477429	4463642
Pupil Teacher Ratio	32	27
% age Primary Schools with Pupil Teacher Ratio > 30	46	37
% age Upper Primary Schools with Pupil Teacher Ratio > 35	36	33
% age of Single Teacher Schools	9	9
Number of States conducted TET for Teachers Recruitment		26

The above table shows a decrease in the total number of teachers in the year 2012-13 as compared to the year 2009-10. Pupil teacher ratio improves in the relevant years at all levels. But the percentage of the single teacher schools is the same. Maximum number of states is conducting TET for teachers' recruitment.

Table No. 6 Quality Indicators

Indicators	2012-13
% age of Teachers with Professional Qualification	81
Number of States with Revised Curriculum	27
Number of States with Working hours as per RTE	34
Number of States with Instructional hours as per RTE	33
Number of States with Implementing Continuous Comprehensive Evaluation	26

The data in the above table reveals that 81 percent of teachers having professional qualification and the maximum number of states have revised their curriculum. Maximum states have implemented continuous comprehensive evaluation.

Himachal Pradesh: An introduction
In January 1971, Himachal Pradesh was granted the status of a full-fledged state and became the 18th​ ​PP State of the Indian Union. Following full statehood, Himachal Pradesh started making concerted efforts to improve the economic conditions of the State. Himachal Pradesh occupies 55673 square kilometre area. The state has 123 population densities. It consists3 Divisions, 51

Sub-Divisions, 75 Tehsils, 34 Sub-Tehsils, 17882 inhabited, 3243 Gram Panchayats and 78 Community Development Blocks. In Himachal Pradesh there are 68 Legislative Assembly seats, 4 Lok Sabha seats and 3 Rajya Sabha seats. The State has made significant strides in developing an educational and health infrastructure and transport and communication network. These advances have had a positive impact on the socio-economic and demographic status of the state. From the very beginning the local leadership in the state recognized the importance of family welfare programmes and has implemented them vigorously.

Population and basic information of Himachal Pradesh
The total population of Himachal Pradesh is 6,856,509 as per the census of 2011 with a decadal growth of 12.81. It contributes 0.57 percent to the total population of the country.
In Himachal Pradesh only 10.33 percent of the total population lives in urban areas and 89.67 percent of the population lives in rural areas. Majority of the people of Himachal Pradesh live in rural areas. So it becomes difficult to implement the programmes and different schemes easily. Because in rural areas the geographical condition, communication system, transportation and other basic facilities are not enough. Due to lack of such basic facilities the rural areas are not well developed.

Literacy Rate of Himachal Pradesh
Without a good literacy rate any nation cannot be developed. Literacy makes a person understand things easily. The literacy rate of Himachal Pradesh is 83.78 percent among which 90.83 percent male and 76.60 percent female are literate. The literacy difference between male and female is 14.23 percent. Decadal population growth rate is +12.81 percent.

Table No. 8 District-Wise Literacy Rate and Decadal Growth of Himachal Pradesh

District	District 2011	Population Male	Population Female	Literacy Rate Percentage	Male Literacy Percentage	Female Literacy Percentage	Decadal Population Growth Percentage
Bilaspur	382056	192827	189229	85.67	92.39	78.90	+12.08
Chamba	518844	260848	257996	73.19	84.19	62.14	+12.58
Hamirpur	454293	216742	237551	89.01	95.28	83.44	+10.08
Kangra	1507223	748559	758664	86.49	92.55	80.62	+12.56
Kinnaur	84298	46364	37934	80.77	88.37	71.34	+7.61
Kullu	437474	224320	213154	80.14	88.80	71.01	+14.65
L & Spiti	31528	16455	15073	77.24	86.97	66.50	-5.1
Mandi	999518	496787	502731	82.81	91.51	74.33	+10.89
Shimla	813384	424486	388898	84.55	90.73	77.80	+12.58
Sirmaur	530164	276801	253363	79.98	86.76	72.55	+15.61
Solan	576670	306162	270508	85.02	91.19	78.02	+15.21
Una	521057	263541	257516	87.23	92.75	81.67	+16.24
Himachal Pradesh	6856509	3473892	3382617	83.78	90.83	76.60	+12.81

Implementation of Right to Education Act in Himachal Pradesh
The aim of education is not the acquisition of information, although important, or acquisition of technical skills, though essential in modern society, but the development of that bent of mind, that attitude of reason, that spirit of democracy which will make us responsible citizens. "Right of

Children to Free and Compulsory Education Act 2009" was implemented in Himachal Pradesh by the government of Himachal Pradesh with effect from 1st​ ​PP​ April 2010 and State RTE rules were notified vide notification NO.EDN-C-F (10)-8/09 dated 5th​ ​PP​ March

2011 to carry out the provision of the Act. Over the years the government has made efforts to implement the Act successfully in terms of access, enrolment and retention and infrastructural facilities in the state.

Status of Implementation of RTE Act in Himachal Pradesh
In the below tables we have studied the status of the implementation of Right to Education Act in India under some selected indicators. These are the indicators which are very necessary for the implementation of the RTE Act successfully in the country. So we have mentioned the date of the indicators in different tables below:

Table No. 9 Enrolment Indicators
 

Indicators	Years
	2009-10	2012-13
Total Enrolment Primary	623198	610098
Total Enrolment Upper Primary	412919	374800
% age of Girls to Total Enrolment Primary	47	48
% age of Girls to Total Enrolment Upper Primary	47	47
Gender Parity Index Primary	0.90	0.91
Gender Parity Index Upper Primary	0.89	0.88
% age of SCs to Total Enrolment	28	29
% age of STs to Total Enrolment	6	6
CWSN Enrolment	8942	10707
Annual Average Drop-Out Rate (Primary)	2.8

The data in the table reveals that the total enrollment at primary level was 623198 in 2009-10 and decreased to 610098 in the year 2012-13. The enrolment at Upper Primary level was 412919 in the year 2009-10 and decreased to 374800 in 2012-13. The percentage of girls' enrolment at primary level increases with one percent and remains the same at Upper Primary level. The enrolment percentage also remains the same for STs and increases with one percent for SCs students.

Table No. 10 Status of RTE

Indicator	2013
Notification of State Rules	Notified
Constitution of SCPCR	Notified
Notification of Academic Authority	SCERT
Policy on Eight Year Elementary Education	Issued
No Detention	Issued
No Corporal Punishment	Issued
No Board Exam up to Elementary Level	Notified
Banning Private Tuition	Not Issued
Banning Screening Procedure and Capitation Fees	220 (P), 236 (UP)
Working Days Notified	96
Decentralized Grievances Redressal Mechanism	Notified
Local Authority Notified	Notified
% age Schools with School Management Committee Constituted	MC,PS,NP,GP,BEO
25% Admission in Private Unaided Schools at Elementary Level

The data in the above table shows that the maximum indicators mentioned in table number 10 are adopted by the states.

Table No. 11 School Infrastructure

Indicator	Years
	2009-10	2012-13
Number of Elementary Schools (Govt. + Aided)	15125	15112
Student Classroom Ratio (SCR)	15	15
% age of Primary Schools with Student Classroom Ratio >30	5	3
% age of Upper Primary Schools with Student Classroom Ratio >35	16	14
% age Schools with Girls Toilet Facility	98	97
% age Schools with Drinking Water Facility	56	78
% age Schools with Ramp Facility	46	56
% age Schools with PlayGround Facility	63	84
% age Schools with Boundary Wall Facility	50	64
% age Schools with Kitchen Shed Facility	15	86

The data related to the school infrastructure in the table shows that the number of elementary schools government aided decreased from 15125 in the year 2009-10 to 15112 in the year 2012-13. There is stability in the student classroom ratio. Girls' toilet facilities also decreased

by 1 percent. Drinking water facility showed an increase with 22 percent, ramp facility increased by 10 percent, playground facility increased by 21 percent, boundary wall facility increased by 14 percent and kitchen shed facility increased by 70 percent.

Table No. 12 Teachers Indicators:

Indicators	Years
	2009-10	2012-13
Total Teachers (Govt. + Aided)	49736	45697
Pupil Teacher Ratio	16	4
% age Primary Schools with Pupil Teacher Ratio > 30	6	4
% age Upper Primary Schools with Pupil Teacher Ratio > 35	5	5
% age of Single Teacher Schools	6	7
Number of TET conducted for Teachers Recruitment		3

The above table shows a decrease in the total number of teachers in the year 2012-13 as compared to the year 2009-10. Pupil teacher ratio improves in the relevant years at all levels. But the percentage of the single teacher schools increases by one percent. The state has conducted TET for teachers' recruitment for four times till date.

Table No. 13 Quality Indicators

Indicators	2012-13
% age of Teachers with Professional Qualification	90
Revised Curriculum	Under Process
Working hours as per RTE	36
Instructional hours as per RTE	800 (P), 1000 (UP)
Implementing Continuous Comprehensive Evaluation	Universal Coverage

The data in the above table reveals that 81 percent of teachers having professional qualification and the maximum number of states have revised their curriculum. Maximum states have implemented continuous comprehensive evaluation.

Problem of the RTE Act at Ground Level in Himachal Pradesh
Near about 90 percent of the total population in the state live in the rural areas. Due to being a hilly state the geographical condition of the state is not good. So the basic infrastructure in the state is not well developed. The data shows that the physical infrastructure and other resources are less as compared to require. The decrease in enrollment and decrease in the total number of teachers are big problems. The people are not well aware about the act. The school management committees are not aware about their rights and functions.

Recommendations to Strengthen the Implementation of the Act
To strengthen the implementation of the act the government should take the important steps. Fill up all the vacant posts of the teachers and provide them training modern techniques of teaching. Conduct the TET twice in a year. Improve basic infrastructure in the state.


Case of Smt.Namita Maniktala Petitioners VS State of Himachal Pradesh and others
Justice A.M Khanwilkar, C.J (Oral) -The wider issues raised in this writ petition are already answered in the judgment of this Court dated 22nd June, 2007 in CWP No. 192 of 2004. In that sense, nothing more requires to be done in this writ petition regarding those issues.

From the order dated 21st May, 2010, it appears that direction has been given to the State Government to take appropriate steps to provide continued education to the children in the same school where they are studying up to 12th standard. In the affidavit of Principal Secretary, Social Justice and Empowerment, it transpires that the said school is run by the Council albeit funded by Union government and State Government in prescribed ratio.

Thus understood, the direction given in order dated 21 May, 2010, should be construed to mean that it operates against all the duty holders who are expected to run the school considering the fact that presently the school is only up to 5 standard and the students have to pursue further studies in some other government school after being accommodated in hostel, for that purpose.

The proposal to upgrade the school up to 12 standard be considered by all concerned Authorities expeditiously and take final decision one way or the other on or before the next academic year commences. If that decision is adverse to the petitioner, the petitioner is free to pursue such other remedy, as may be permissible in law.

2.
The Writ Petition is disposed of accordingly, so also the pending application(s), if any.
Provision Under Section 12
Guidelines for admission and reimbursement of children under Section 12 of RTE Act

​In pursuant to the Government notification No. EDN-C-F(10)-8/2009-L dated 16th March,

2013 regarding amendment in Rule-5 and further insertion of rules 5-A and 5-B in the Right of

Children to Free and Compulsory Education Himachal Pradesh Rules, 2011, Guidelines for 25% admission of children belonging to weaker section and disadvantaged group in private unaided schools in Himachal Pradesh in accordance with the provisions of RTE Act, 2009 under section-12 and Rules are framed as under:--

Definitions: In these guidelines, unless the context otherwise requires:​

1. "RTE Act" means the Right of Children to Free and Compulsory Education Act, 2009 as amended from time to time.
2. "Rules" means the Right of Children to Free and Compulsory Education, Himachal Pradesh Rules, 2011 as amended from time to time.
3. "Class" includes the entry level class such as pre-primary.
4. "School" means a school as defined under sub-clauses (ii), (iii), and (iv) of clause (n) of section-2 which provide education up to elementary level.
5. "Neighbourhood" as defined in Rule 4(1) of the Right of Children to Free and

Compulsory Education, Himachal Pradesh Rules, 2011.

1. Admission process for 25% children belonging to weaker section and disadvantaged group as per the provisions of section-12 of RTE Act, 2009 and Rules made thereunder shall be initiated by the Government Primary schools and unaided private schools if the neighborhood government school has the enrollment more than 25 children as per Rule 4(1) of the Rules.
2. In-Charge of neighborhood Government Primary school shall issue NOC to the neighborhood private school regarding 25% admission of children belonging to weaker section and disadvantaged group on or before 15th April after having been satisfied on clause 1(a) above.
3. These schools must be recognized by the competent authority of the Department of Elementary Education as per the provision of Rule 9.
4. Every recognized private school shall convey the class-wise breakup of approved seats and enrollment to their counterpart neighborhood Government Primary schools during the admission process on or before 31st March.

2. Government Commitment and Obligation:

The Government is committed and obligated to provide a Govt. Primary School at a distance of 1.5 Km if the number of children is 25 and similarly committed to provide a Govt. Middle School at a distance of 3 Km if the number of children is not less than 25 in class 5th. As the State has already opened Government Primary Schools and Government Middle Schools at almost all places, reimbursement for 25% Children of the weaker section and disadvantaged group admitted in the privately managed Schools shall be made if the enrollment of Children in Govt. Primary School situated within a radial distance of 1.5 Km is not less than 25 Children and similarly enrollment in the Govt. Middle School within the radial distance of 3 Km is not less than 40 Children in class 8th. Enrollments of students will be taken into account as on 30th September of the year. For the purpose of this clause neighborhood means:--

1. a primary school which is located within a walking distance of 1.5 kms (one and a half kilometers).
2. an upper-primary school which is located within a walking distance of 3 kms (three kilometers).
3. The State Government shall not reimburse any amount if any student seat remains vacant in the neighborhood Government School.

3. Manner of Reservation of Seats:

1. In accordance with the provisions of clause (3) of section-12 of the Act, every school shall display on its notice board the following information:
1. Total number of seats at the entry level in the school
2. Total number of free seats available at entry level
3. Date of commencement of issue of application forms for the admission and the last date of its submission
4. Date of eligible candidates list to be displayed for draw
5. Date of draw of lots
6. Date of display of the list of successful candidates along with the waiting list
7. Last date of admission
8. Opening date of the school for the next academic year
    
2. Every school shall submit the information in Form-1 after completing the entire process to the Block Elementary Education Officer in case of the primary school.
3. No registration fee, including charges of prospectus for admission format, shall be charged from the parents/children applying against free seats. The school shall provide Admission Format on Form-II free of cost to parents/children.
4. The School shall acknowledge the application for admission against free seats through a receipt in Form-III showing the details of serial no. 2 (a) (i) to (viii) and shall assign each application a distinct registration number.

Conclusion
Education is a key component of human development which is an essential tool for a country's growth. Education is recognised as a purposeful commitment on the part of every state, ensuring innovative, low cost and effective education even under conditions of great scarcity and daunting poverty.

Education has been accepted as a fundamental right of every child. It is needed both as an end in itself to enable people to lead a cultured and more satisfying life as well as a means for developing human capabilities for earning higher income. The incremental process of educational achievements intensively impacts upon other indicators of human development like birth, death, infant mortality and literacy rate.

Education plays one of the most important roles in the process of socialisation which cause better acculturation and internalisation of norms. The quality of education plays a major role in imparting knowledge that is unbiased, relevant as well as capable of making the recipient lead a successful life despite formidable odds in today's competitive world. This is the human right based approach to the new idea of Right to Education for every child in modern society.

References:

1. Aradhya N. and Kashyap A., (2006) The 'Fundamentals' of the Fundamental Right to Education in India, Books for change, Bangalore.
2. Kumar, Meghana, "A Case study on the Grievance Redressal process set out in the Right to Education Act."
3. MHRD, Govt. of India, (2013), Annual Status of Education Report, rural (ASER) report, Pratham, ASER Centre, New Delhi.
4. Ministry of Human Resources Development, (2009), The Right of Children to Free and Compulsory Education Act 2009, New Delhi.
5. Nalini Juneja, (2012), India's Historic Right to Free and Compulsory Education for Children Act 2009_The Articulation of A New Vision, In Kazuyo Minamide and Fumiko Oshikawa (Eds.) CIAS Discussion Paper No.24 Right to Education in South Asia: Its Implementation and New Approaches, The Center for Integrated Area Studies, Kyoto University.