Monday, August 1, 2016

AP Right of children to Free and compulsory Education Act 2009 as per R.C.NO:249.

AP School Education-Right of children to Free and compulsory Education Act 2009 as per R.C.NO:249 Dated:29.07.2016. AP R.C.NO:249 Government of India enacted Right of children to Free and compulsory Education Act 2009, which has come into force from 01.04.2010. As per  R.C.NO:249.


AP Right of children to Free and compulsory Education Act 2009 as per R.C.NO:249.



A.P R.C.No.249/Estt.IV/2014, Dated :29-07-2016

Sub: School Education-Right of children to Free and compulsory Education Act 2009-
Provision Of Personal Assistants to MPs. ML-AS and Ml-CS- Prohibition - Instructions
- Issued -Regarding.



Read:

  1. Right of children to Free and compulsory Education Act 2009 issued Act 35 of 2009 by the Government of India.
  2. G.O.MsNo,20. School Education (PE-Prog.l) Department, Dt:03.03.2011
  3. GO.No.653 GAD (SR) , dt. 13.12.2011
  4. G.O.Ms N0654. GAD (SR) Dept., cit. 13.12.2011.
  5. The Hon'ble Supreme Court of India in COMT.PET.(C) No-532/2013 in wp (C) No.631/2004 has ordered on 13.07.2016.


All the Regional Joint Directors Of School Education and District Educational Officers in the State are informed that, Government of India enacted Right of children to Free and compulsory Education Act 2009, which has come into force from 01.04.2010. As per Section 25(2) of the Act "'for the purpose of maintaining the Pupil Teacher Ratio under sub-section (i) no teacher posted in a
school shall be made to service in any other school or office or deployed for any nun-educational purpose, other than those specified in section 27". As per section 27 of Act 'No teachers shall be deputed for any non-educational purpose, other that decennial population census, disaster relief
duties or duties relating to elections to the local authority or State Legislator or Parliament as the case may be" The Government of Andhra Pradesh also issued orders in G.O.No.653 GAD, cit. 13.12.2011
and G.O.Ms N0654, GAD (SR) Dept., dt_13A22011 amending orders issued in G O No.473 GAD (SR). dt.04.07.2007 anot to depute SGTs/SA/LFL HWLPs HMS as P.A. to MLA's and MLC's and Chairman's etc. for non-education purpose against the provision of RTE Act 2009" Inspite of clear under RTE, 2009 rules, it is noticed that, some of the teachers are working as
Personal Assistants to MPs/MLAs/MLCs /Ministers on deputation basis and claiming salary at School point. As on date 65 teachers are working on deputation with Public Representatives.


  • Govemment Deputations-37
  • DEO deputations-28
  • Total-65.


District wise status indicated in the table in the Annexure. Now, the Hon'ble Supreme Court of India in COMT.PET.(C) No 532,'2013 in WP (C) No.631/2004 has ordered on 13.07.2016 that "we must state without any kind of hesitation that teachers could not have been sent on deputation to function as Private Secretaries of the members
of the Legislative Assembly or Ministers. If anyone is deputed, he must be immediately sent back"

Therefore, all the Regional Joint Directors of School Education and District Educational
Officers in the State are instructed to withdraw all such teachers so deputed and also "not to depute SGTs/SA/LFL HM/LPs HMS as P.A. to MLA's MCC's, MPs, Minister's and Chairman's etc. for non- education purpose against the provision of RTE Act 2009" and as per orders of Supreme Court of India, New Delhi.

K. SANDHYA RANI

Commissioner of School Education.



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