The survey of out-of-school children carried out using teachers in January this year and its results are “ unacceptable” as it was not conducted as per the provisions of the Karnataka Right of Children to Free and Compulsory Education Rules, 2012, the Karnataka High Court was informed on Wednesday.
Senior Counsel K.N. Phanindra, who is assisting the court as amicus curiae in a PIL petition, initiated by the High Court in 2013 on the issue of out-of-school children, said in his report that the survey was conducted contrary to Rule 6 of the Karnataka RTE Rules, 2012. The survey conducted between January 6 and 13, 2020, had identified that 994 children had never enrolled to a school and 3,562 children had “ permanently” left school as on January 18.
‘Maintain record’
The amicus curiae pointed out to a Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Ashok S. Kinagi that it was the duty of the local authority to maintain a record of all children in its jurisdiction through a household survey, from their birth till they attain 14 years.
Pointing out that though the government has agreed to conduct a fresh survey, Mr. Phanindra said it has used the word survey of children who are out of schools when the RTE Act and the Rules contemplate survey of each household to identify and maintain record of every child up to the age of 14 years.
The amicus curiae also said that the government must come out with a specific period for conducting and completing the household survey, preparing and finalising the data of children for maintaining records of these children by the respective local authorities, like municipal corporations, municipalities, and panchayats as per the Karnataka RTE Rules.
The Bench adjourned further hearing till March 12 saying that it will issue exhaustive directions.
