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| + | {{htmlmetatags> | ||
| + | ====== Teacher attendance and vacancies — RTI to the DEO ====== | ||
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| + | {{: | ||
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| + | <WRAP info> | ||
| + | |||
| + | ===== The story most citizens recognise ===== | ||
| + | |||
| + | Sunita lives in a district-headquarters town in Madhya Pradesh. Her son studies in Class V at the local government upper-primary school, which runs Classes I to VIII and has an enrolment of about 180 children. The UDISE+ "Know Your School" | ||
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| + | She is not imagining it. Across India, the **Unified District Information System for Education Plus (UDISE+)** records 1.01 crore teachers against 14.71 lakh schools for 2024-25, but sanctioned-versus-working gaps and chronic absenteeism hollow out those numbers on the ground. The problem is not invisible — it is recorded in registers that the school keeps, the Block Education Officer forwards, and the DEO consolidates. What Sunita does not have is the paper that proves the gap. That paper is her right under the Right to Information Act, 2005. This guide shows exactly which office holds it, what to ask, and how to frame the questions so they are not blocked on privacy grounds. | ||
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| + | ===== What teacher attendance and vacancies actually are ===== | ||
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| + | " | ||
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| + | The legal backbone is the **Right of Children to Free and Compulsory Education Act, 2009** — the RTE Act. Three sections matter for your RTI. | ||
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| + | **Section 24 — Duties of teachers.** Section 24(1)(a) makes it a statutory duty of every teacher to " | ||
| + | |||
| + | **Section 25 — Pupil-Teacher Ratio.** The appropriate Government and local authority must maintain the PTR specified in the Schedule. For Classes I to V: up to 60 children means 2 teachers; 61 to 90 means 3; 91 to 120 means 4; 121 to 200 means 5; above 200 the PTR shall not exceed 40:1, excluding the Head Teacher, who is added once enrolment crosses 150. For Classes VI to VIII: at least one teacher per class plus one teacher per 35 children; where admissions exceed 100, a full-time Head Teacher must be provided, plus part-time instructors for Art, Health and Physical Education, and Work Education. Section 25(2) adds that no teacher posted in a school shall be made to serve in any other school or office, or be deployed for a non-educational purpose, except for census, disaster relief, or election duty (read with Section 27). | ||
| + | |||
| + | **Section 27 — Prohibition of deployment for non-educational purposes** — except decennial census, disaster relief, or election duties. Section 28 imposes an absolute prohibition on private tuition by teachers. Both are useful when your RTI question asks whether teachers have been diverted to non-teaching work. | ||
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| + | The public authority you file against is the **DEO**, because individual schools are not themselves " | ||
| + | |||
| + | <WRAP tip> | ||
| + | |||
| + | ===== How the records flow — so you know what to ask for ===== | ||
| + | |||
| + | The records you want live in a chain. The school keeps the daily attendance register and the vacancy position statement. The BEO consolidates these across the block and forwards them to the DEO. The DEO holds the district-wide sanctioned-versus-working strength, transfer and deputation orders, and the PTR compliance report. For Central schools — Kendriya Vidyalayas and Navodaya Vidyalayas — the chain runs through the **Kendriya Vidyalaya Sangathan (KVS)** or the **Navodaya Vidyalaya Samiti (NVS)**, and the Second Appeal lies to the **Central Information Commission**. For state schools, the Second Appeal lies to your **State Information Commission**. | ||
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| + | The **UDISE+ portal (udiseplus.gov.in)**, | ||
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| + | The **Ministry of Education, Department of School Education and Literacy (education.gov.in)** publishes designated CPIOs and Appellate Authorities under the RTI Act, including the Samagra Shiksha and RTE Act divisions. That is the nodal Central reference, but for a state school your filing point stays the DEO. | ||
| + | |||
| + | ===== The 2026 update you must know about ===== | ||
| + | |||
| + | Two things have moved recently. | ||
| + | |||
| + | First, the **RTE Act Section 23 — Qualifications for appointment of teachers** was amended in 2017 so that every teacher in position as on 31 March 2015 who did not possess the minimum qualifications (laid down by the National Council for Teacher Education, NCTE) had to acquire them within four years. When you ask for the vacancy position, also ask for the qualification status of each teacher in position against the NCTE norms — this is a live compliance question, not a historical one. | ||
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| + | Second, UDISE+ now reports in near real time rather than once a year. The **2024-25 UDISE+ release** confirms 1.01 crore teachers and 24.69 crore students. The portal' | ||
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| + | The RTE Act's constitutional foundation was settled in **Society for Un-Aided Private Schools of Rajasthan v. Union of India, (2012) 6 SCC 1**, decided 12 April 2012 by a three-judge bench (Kapadia CJ, Swatanter Kumar J in the majority; Radhakrishnan J dissenting). The Act was upheld as constitutionally valid, and Section 12(1)(c) — the 25 percent reservation in private unaided non-minority schools — was upheld as a reasonable restriction under Article 19(6). For your RTI, this means the statutory framework you are citing is settled law, not a contested provision. | ||
| + | |||
| + | ===== Step-by-step: | ||
| + | |||
| + | **Step 1 — Identify the public authority.** | ||
| + | - For a **state government school**: file with the **CPIO, District Education Officer** of your district. If the records are block-level, | ||
| + | - For a **Kendriya Vidyalaya or Navodaya Vidyalaya**: | ||
| + | - Do **not** file the RTI addressed to the individual school — it is not a public authority, and the application will be returned. | ||
| + | |||
| + | **Step 2 — Prepare your questions.** Ask for specific, dated, aggregate records. Five strong questions: | ||
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| + | - **Sanctioned versus working strength:** " | ||
| + | - **Month-wise attendance: | ||
| + | - **Transfer and deputation: | ||
| + | - **PTR compliance: | ||
| + | - **Complaints and action:** " | ||
| + | |||
| + | **Step 3 — Use the right form and fee.** | ||
| + | - File under **Section 6(1) of the RTI Act, 2005**. The fee for a state application is **Rs.10** in most states (the common state norm, including Madhya Pradesh); BPL cardholders file free. For a Central application to KVS or NVS, the fee is Rs.10 by Indian Postal Order, bank draft, or court-fee stamp, and you can also file **online through the Central RTI portal (rtionline.gov.in)** and pay by card. Check your state' | ||
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| + | **Step 4 — Submit and keep proof.** File by hand at the DEO's office and take a stamped receiving copy, or send by registered post and keep the acknowledgement, | ||
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| + | **Step 5 — Wait 30 days.** The CPIO must reply within **30 days** of receiving your application under Section 7(1) — 48 hours if the matter concerns life or liberty, which attendance queries normally do not. | ||
| + | |||
| + | ===== The escalation ladder if you get no answer ===== | ||
| + | |||
| + | RTI is powerful because it has a built-in ladder. If the CPIO ignores you or gives a vague reply, you do not stop there. | ||
| + | |||
| + | - **First appeal:** If no reply comes within 30 days, or you are unhappy with the reply, file a **First Appeal under Section 19(1)** with the **First Appellate Authority (FAA)** in the DEO's office. Do this within 30 days of the deadline. The FAA must decide within 30 days, extendable to 45. | ||
| + | - **Second appeal:** If the FAA also fails you, file a **Second Appeal under Section 19(3)** with your **State Information Commission** (for state schools) or the **Central Information Commission** (for KVS or NVS). There is no fee for a second appeal to the Central Information Commission. | ||
| + | - **Complaint under Section 18:** You can also file a direct complaint to the Information Commission if the CPIO never replied at all or refused to accept your application. | ||
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| + | The **Central Information Commission** has already confirmed the route in **Som Dutt Sharma v. Directorate of Education, GNCT of Delhi — CIC Decision No. 3352/ | ||
| + | |||
| + | ===== Documents to attach ===== | ||
| + | |||
| + | - A printout of the **UDISE+ "Know Your School" | ||
| + | - The school' | ||
| + | - Any **written complaint** you have already submitted to the Head Teacher, SMC, or BEO, with the receiving. | ||
| + | - A **BPL card** copy if you are claiming the fee exemption. | ||
| + | - For a Central school, the **KVS or NVS school code**. | ||
| + | |||
| + | ===== Common mistakes to avoid ===== | ||
| + | |||
| + | - **Filing without the UDISE code.** Without the 9-digit UDISE code the PIO can claim the school is not identified. Always attach the UDISE+ printout. | ||
| + | - **Asking for a named teacher' | ||
| + | - **Addressing the application to the school itself.** The school is not a public authority — only the DEO (or KVS or NVS) is. This was settled in **Saurabh Sharma (Delhi High Court, 29 September 2015)**. | ||
| + | - **Skipping the PTR ask.** RTE Act Section 25 is an enforceable duty, not a suggestion. If you do not ask for the PTR compliance statement, you lose the strongest legal lever in the file. | ||
| + | - **Forgetting non-teaching deployment.** RTE Act Sections 25(2) and 27 forbid deploying teachers for non-educational purposes except census, disaster relief, or election duty. Ask whether any teacher of the school has been so diverted. | ||
| + | - **Not keeping proof of submission.** Without a stamped receiving or registered post acknowledgement, | ||
| + | |||
| + | ===== Real-life example ===== | ||
| + | |||
| + | <WRAP center round box> | ||
| + | **Sunita, parent — Government Upper Primary School, district headquarters town, Madhya Pradesh.** | ||
| + | |||
| + | Sunita' | ||
| + | |||
| + | She pulled the UDISE+ report, filed an RTI to the **CPIO, District Education Officer**, citing the UDISE code, RTE Act Sections 24, 25 and 27, and asked for: (1) sanctioned versus working strength as on 1 July 2026; (2) month-wise aggregate teacher-attendance summary for the academic year; (3) transfer and deputation orders in the last 12 months; (4) the Section 25 PTR compliance statement and action-taken note; (5) the absenteeism complaints register. Fee: **Rs.10 by Indian Postal Order**. | ||
| + | |||
| + | The CPIO replied in 27 days. The reply showed seven sanctioned posts, three working teachers, two teachers on deputation to a census-related office (cross-checked against Section 27), one long leave, and one vacancy unfilled for nine months. The PTR compliance statement confirmed the school was running at roughly 60:1 against the Schedule' | ||
| + | </ | ||
| + | |||
| + | ===== Sample RTI letter ===== | ||
| + | |||
| + | < | ||
| + | To: The Central Public Information Officer | ||
| + | Office of the District Education Officer | ||
| + | [District name], [State] | ||
| + | |||
| + | Subject: Application under Section 6(1) of the RTI Act, 2005 — | ||
| + | Teacher attendance, vacancies and RTE Act Section 25 compliance | ||
| + | for [school name, UDISE code]. | ||
| + | |||
| + | Sir/Madam, | ||
| + | |||
| + | I am a parent of a child studying at [school name], UDISE code | ||
| + | [xxxxxxxxx], | ||
| + | "Know Your School" | ||
| + | [sanctioned strength] teaching posts. On the ground, far fewer | ||
| + | teachers are present on most working days, and classes are | ||
| + | frequently merged or left unsupervised. | ||
| + | |||
| + | Under Section 6(1) of the Right to Information Act, 2005, please | ||
| + | furnish the following information: | ||
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| + | 1. The sanctioned versus working teacher strength for | ||
| + | | ||
| + | to the source register maintained under RTE Act 2009 | ||
| + | | ||
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| + | 2. The month-wise aggregate teacher-attendance summary for the | ||
| + | | ||
| + | | ||
| + | month by month. | ||
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| + | 3. All transfer, deputation and leave orders affecting the school | ||
| + | | ||
| + | | ||
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| + | 4. The pupil-teacher ratio compliance statement for the school | ||
| + | under RTE Act 2009 Section 25 read with the Schedule, for the | ||
| + | | ||
| + | | ||
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| + | 5. The register of complaints of teacher absenteeism or | ||
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| + | 12 months, with the action taken on each. | ||
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| + | If any of the above is held by a different public authority under | ||
| + | Section 6(3), please transfer the relevant portion within five | ||
| + | days and inform me. | ||
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| + | I declare that the information sought is not exempt under | ||
| + | Section 8(1)(j) as it is aggregate school-level data and involves | ||
| + | a larger public interest in the education of children under the | ||
| + | RTE Act 2009. | ||
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| + | Fee: Rs.10 by Indian Postal Order, Number [xxxxxxxx]. | ||
| + | |||
| + | Date: [dd/ | ||
| + | Place: [place] | ||
| + | [Name and signature] | ||
| + | |||
| + | Enclosures: UDISE+ "Know Your School" | ||
| + | </ | ||
| + | |||
| + | If the CPIO does not reply within 30 days, file a First Appeal under Section 19(1) to the FAA in the DEO office. If the FAA also fails, file a Second Appeal under Section 19(3) to your State Information Commission. Use the timeline calculator at https:// | ||
| + | |||
| + | ===== Frequently asked questions ===== | ||
| + | |||
| + | ==== Can I ask for the attendance register of a specific teacher? ==== | ||
| + | Not directly. The Delhi High Court in **Dr. R.S. Gupta v. GNCTD (31 August 2020)** held that an individual teacher' | ||
| + | |||
| + | ==== Can I file the RTI directly at the school? ==== | ||
| + | No. The Delhi High Court in **Saurabh Sharma (29 September 2015)** held that an individual school is not a " | ||
| + | |||
| + | ==== What is the fee and how do I pay it? ==== | ||
| + | For a state application, | ||
| + | |||
| + | ==== What if the CPIO says the records are with the BEO? ==== | ||
| + | Under Section 6(3) of the RTI Act, if the information sought is held by another public authority, the CPIO must transfer the relevant portion within five days and inform you. The BEO reports to the DEO, so a transfer to the BEO is proper — but the 30-day clock still runs from the date your application reached the DEO. | ||
| + | |||
| + | ==== How do I use the RTI reply to actually fix the school? ==== | ||
| + | Take the reply to the **School Management Committee (SMC)** constituted under RTE Act Section 21. The SMC has the statutory function of monitoring the school' | ||
| + | |||
| + | ==== What is the difference between a para-teacher and a regular teacher for RTI? ==== | ||
| + | A regular teacher is appointed against a sanctioned post under RTE Act Section 23 qualifications (NCTE norms). A para-teacher, | ||
| + | |||
| + | ==== Can I ask whether teachers were diverted for non-teaching work? ==== | ||
| + | Yes. RTE Act Sections 25(2) and 27 prohibit deploying a teacher for non-educational purposes except decennial census, disaster relief, or election duty. Ask the DEO for a list of all teachers of the school diverted to any non-teaching work in the last 12 months, with the purpose and the authorising order. Section 28 separately prohibits private tuition by teachers. | ||
| + | |||
| + | ==== What if the CPIO simply refuses to reply? ==== | ||
| + | File a complaint under Section 18 of the RTI Act directly to your State Information Commission (or the Central Information Commission for KVS or NVS), and a First Appeal under Section 19(1) to the FAA in the DEO office. The Section 18 complaint can seek a penalty against the CPIO at Rs.250 per day of delay, up to Rs.25,000. | ||
| + | |||
| + | ===== Sources ===== | ||
| + | |||
| + | - Right of Children to Free and Compulsory Education Act, 2009 — Section 24 duties of teachers: [indiacode.nic.in](https:// | ||
| + | - RTE Act 2009 — Section 25 Pupil-Teacher Ratio and Section 27 prohibition of non-educational deployment: [indiankanoon.org](https:// | ||
| + | - RTE Act 2009 — Section 23 qualifications for appointment of teachers: [advocatekhoj.com](https:// | ||
| + | - PIO Govt. of NCT of Delhi v. Saurabh Sharma and Others, Delhi High Court, 29 September 2015: [indiankanoon.org](http:// | ||
| + | - Dr. R.S. Gupta v. GNCTD, Delhi High Court, 31 August 2020 — Section 8(1)(j) privacy on teacher attendance: [scconline.com](https:// | ||
| + | - Som Dutt Sharma v. Dte. of Education, GNCT of Delhi — CIC Decision No. 3352/ | ||
| + | - Society for Un-Aided Private Schools of Rajasthan v. Union of India, (2012) 6 SCC 1: [legalvidhiya.com](https:// | ||
| + | - UDISE+ portal — Unified District Information System for Education Plus: [udiseplus.gov.in](https:// | ||
| + | - Ministry of Education — Department of School Education and Literacy, RTI CPIOs and Appellate Authorities: | ||
| + | |||
| + | ===== Pro tips ===== | ||
| + | |||
| + | - **Pull the UDISE+ report first.** Before you draft a single question, open udiseplus.gov.in, | ||
| + | - **Pair the RTI with an SMC resolution.** Under RTE Act Section 21, every government school has a School Management Committee with three-quarters parent members and a monitoring function. A written SMC demand, backed by your RTI reply, is far harder for the DEO to ignore than an RTI reply sitting in a drawer. | ||
| + | - **Ask for the action-taken note, not just the breach.** Merely showing that the PTR Schedule is not met is half the job. Always add: "and if the ratio is not met, furnish the action-taken note." That forces the DEO to produce a dated, signed paper showing what the department intends to do about the breach. | ||
| + | - **Distinguish deputation from vacancy.** A teacher on deputation to the census office, a disaster-relief cell, or election duty is a lawful Section 27 deployment. A teacher simply absent, or diverted to a non-teaching office work without a Section 27 ground, is a breach. Ask the DEO to classify each missing teacher against Section 27, so the reply itself flags unlawful diversions. | ||
| + | - **Time the application to the academic calendar.** File early in the academic year, when the sanctioned-versus-working position is freshly recorded and before mid-year transfers blur the picture. The 30-day reply will then land while the SMC can still act on it that same term. | ||
| + | |||
| + | ===== Related on RTI Wiki ===== | ||
| + | |||
| + | - [[rti-for-government-schools]] | ||
| + | - [[rti-for-mid-day-meal]] | ||
| + | - [[rti-for-school-admission-rte]] | ||
| + | - [[rti-for-school-fee-structure]] | ||
| + | - [[rti-for-scholarship-status]] | ||
| + | - [[rti-for-answer-sheet-inspection]] | ||
| + | - [[school-record-correction-refused]] | ||
| + | - [[board-exam-result-withheld-school-error]] | ||
| + | |||
| + | //Last reviewed: 4 July 2026.// | ||
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| + | {{tag> | ||