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Petitions against more than 35 per class at Royal via illegal admissions
View(s):Two petitions have been filed in the Supreme Court (SC) against the continuing illegal practice at Royal College, Colombo, (RCC) where students are admitted to classrooms, through an adhoc manner outside the regular admission process, in excess of the cap rate, in violation of a Court order to have 35 students per classroom.
Petitioners, Kamal Abeysinghe and Mithila Mendis, past pupils of RCC who actively engaged in school affairs over the years, through the Royal College Union (RCU), alleged that the Secretary to the Ministry of Education (MoE), one among the six respondents, continues to violate the undertaking given to the SC in 2016, to maintain the student-teacher ratio at 35:1 by issuing directives to admit students through adhoc processes.
Based on information made available to the petitioners, following Right to Information (RTI) petitions, which required the intervention of The RTI Commission, the number of pupils at RCC, as at April 5, is 7,700, where several individual classrooms consist of 48, 49, 50 and 51 students. Hence, the student-teacher ratio in such classrooms are, at most instances, 48:1, 49:1, 50:1 and 51:1.
Petitioners pointed out that this student-teacher ratio is inordinately excessive than the maximum student-teacher ratio agreed to by the MoE Secretary to the SC judgement in 2011. Furthermore, there have been no serious measures taken by the MoE Secretary to achieve the target of 35:1 ratio, by 2016.
Referring to the annual report of the Organisation for Economic Cooperation & Development (OECD) on Education, titled, “Education at a Glance 2018”, where the average primary school class in OECD countries in 2016, has 21 students in public institutions and 20 students in private institutions, petitioners are of the view that 35:1 student-teacher ratio is a reasonably accepted policy, considering economic factors and statutory ratio adopted in neighbouring India.
“It is agonisingly disappointing that, despite the undertaking by the MoE Secretary, it has continued to fail to uphold the said policy. The MoE Secretary and others, not only craftily manoeuvre in arbitrarily, capriciously, unreasonably, unfairly and irrationally manipulating its own policy through adhoc actions, but also, explicitly acts in violation of their own undertaking in the case, which is entered as a judgement of the SC,” petitioners noted.
Petitioners also noted that a 2012 MoE circular states the total number of students per class shall be 44. Another circular issued in 2015 held that the number of students per class should be 40 in 2016, while mentioning that the intake shall be reduced by one per year, to achieve the target of 35 students per class in 2021. According to the latest circular issued on May 24, the intake shall be 36 students per class. The petitioners noted that, even after eight years since the SC judgement on the matter, “this is in clear violation of the undertaking given by the MoE Secretary to to Court,”
While assuming that 36 would be the maximum number of pupils in a class from next year, as the recent Cabinet paper set out, petitioners also brought to the attention of the Court of a serious concern of admitting students in an adhoc manner, through the arbitrary intervention of the MoE Secretary and the RCC Principal, which drastically enlarges the size of the classroom and consequently, the student-teacher ratio.
One petitioner, Mr Abeysinghe, filed RTI petitions seeking information from the school, on student intake for Grade 1, Grade 6 and Grade 12, outside the regular process, which information was granted only after an order by the RTI Commission. According to the available information, 49 students in 2017, 37 students in 2018 and, in 2019 (up until 08.04.2019), 15 students have been arbitrarily admitted by the two respondents to various classes, outside the regular process of admission.
Petitioners also pointed out there is no rational basis, reason, or rationale presented in admitting students in an adhoc manner, outside the regular process of admission, and, on the one hand, while this affects the education and performance of the existing students by enlarging the classroom size, on the other hand, this gives unfettered discretion in the hands of the respondents, which raises serious concerns pertaining to corruption and abuse, and may lead to bribery and corruption.
Petitioners seek Court directive to grant an interim relief until the final determination of this matter, preventing any of the respondents from admitting more than 35 students per class to Grade 1, and from admitting students outside the regular admission process at RCC, through recommendations or instruction letters.
In the final relief, petitioners urged the Court to issue a mandate, in the nature of writ of prohibition, preventing the respondents from admitting students to RCC, through other means, which would increase the number of students per class beyond 35.
The six respondents are: Minister of Education, State Minister of Education, RCC Principal, MoE Secretary, State MoE Secretary and Director of Education (National Schools), National Schools Branch of the MoE.