Why are parents sending kids to illegal schools?

The BMC’s crackdown on schools not recognised by the education department begs the question, why has a robust ecosystem of alternative education mushroomed in the first place

A stone's throw away from the Deonar landfill is the VK English School in the thick slum settlement of Bainganwadi, where 400-odd students jostle for space inside crammed classrooms. The school, comprising a ground-plus-two structure and another single-storey building, has 19 classrooms in all. Skirting it are garages, hardware repair shops, shanties, and even a beedi shop. The Govandi school could easily be mistaken for a two-storey shanty, if it weren’t for the board flashing its name. Shabana Khan Academy, a registered nonprofit trust, manages the school.

For an outsider, it might not be the best spot to situate a school, but for the residents of the slum, the school has been a blessing in disguise, allowing their children a rare opportunity to receive affordable English education. 

Adiba Ansari, 12, a student of VK English School, being consoled by her mother Sameena. Ansari, who wants to become a fashion designer, doesn’t want to leave school, as she likes the quality of teaching here. Pics/Satej Shinde

“I want to become a fashion designer; that is my father’s dream too,” 12-year-old Adiba Ansari, the daughter of a tailor, tells this writer, when we meet her outside VK English School. Until 2018, Ansari used to study at Anjuman-I-Islam Girls’ School in Fort. “But we had to accompany her every day and that’s not practical,” her mother Sameena says. They later shifted her to the school in Bainganwadi. Ansari, who studies in Class VII, feels comfortable here. “It is walking distance from home, and my teachers are also good. I have compared my lessons with those of my friends who study in BMC schools, and they are far behind us,” says Ansari. 

Fifteen-year-old Krishna Vishwakarma, a Class X student at VK English School, echoes Ansari’s sentiment. “We don’t have to pay fees at BMC schools, but they are very crowded, and teachers are almost absent most of the time,” he says. “The other private schools nearby are unaffordable.” Vishwakarma’s father is a car mechanic and manages a small garage in Mankhurd. “At this school, we pay just Rs 500 per month.”

Mohammed Saeed Akbar Khan, founder trustee of Universal Welfare Trust, which runs three schools—The Citizen English School, the Unique Hindi High School and the Citizen Primary School—in Govandi, says their students have been excelling in the SSC board exams

Of late though, Ansari and Vishwakarma have been an anxious lot. Their school is among 187 city schools, which have been declared unauthorised. “If this school shuts down, I will have nowhere to go,” says Vishwakarma.

In order to obtain recognition from the state government or municipal corporation, schools need to meet certain requirements under the Maharashtra Self-Financed Schools (Establishment and Regulation) Act, 2012. These include setting up a nonprofit society or a trust to run the school and providing a registration certificate for it; bank statements and an audit report of the last three years; documents showing that the school occupies land measuring 5,000 sqft (7/12 extract or lease of 30 years); and a “blueprint of the school’s plan”, including the number and size of classrooms, the provision of a separate toilet etc. Besides this, the school should have fixed deposits of up to Rs 20 lakh.

VK English School in the Bainganwadi slum of Govandi is surrounded by garages, hardware repair shops, shanties, and even a beedi shop

VK English School, situated on a tiny land parcel, doesn’t meet some of the criteria. Neither do a majority of the unrecognised private schools in Mumbai, which are mostly situated in slum areas and have a high population density. Parents are primarily drawn to them because of their affordable fees, proximity to home, and medium of instruction. The M East Ward  (Chembur, Deonar, Govandi and Mankhurd), for instance, has around 40 BMC schools, of which only two are English medium schools.

Mohammed Hakim Khan, a parent and taxi driver, has been neck-deep in loans since the pandemic. He sent his kids to a BMC school, but his son, who is in Class VIII, was unhappy with the school environment. “His classmates abused a lot, and even destroyed school property.” VK English School was all he could afford. “I have been working double shifts, so that my son and daughter study here,” he says, “At least on humanitarian grounds, the government should give these schools some credit and not shut them down completely.”

An ongoing class at the VK English School, which is among 187 schools that have been declared unauthorised

According to  Afsa Anjum, another parent whose two children study at VK English School, the presence of the school has also helped the neighbourhood. Before the school opened in 2016, the place saw a lot of drug addicts and miscreants, she says. “They used to create a nuisance. But things have become better after the school came up.”

The teachers at the school are also staring at unemployment.  Manisha Kharwar, 27, has completed her Bachelor of Arts (BA) in Hindi. “But due to financial issues, I couldn’t pursue BEd,” says Kharwar, who applied to many schools before she was hired to teach at VK English School. “They examined my teaching method and offered me a job based on that. If this school shuts down, many of us are going to be jobless.”

Shabana Khan, who is the Founder and Principal of VK English School, says that her school is run by a nonprofit public trust and is also registered with the charity commissioner. “It is unfair to shut down schools, which are providing slum-children affordable access to education, on the basis of some technicalities,” she says

For Anita Jadhav, a 47-year-old teacher and primary section supervisor at Prerana School in Sakinaka, Andheri East, which has also been declared unauthorised, the institution has been her “saviour”. “I had an open heart surgery, and the school supported me throughout. Even during the pandemic, the school continued paying our salaries,” says Jadhav, who has completed her ECCEd (Diploma in Early Childhood Care and Education). 

In the annual survey conducted by the Education Department of the BMC during the academic year 2022-23, 269 primary schools were found to be unauthorised. Of these, 62 schools were closed, whereas, 13 schools managed to obtain government permission to run as private schools and acquired the status of a self-financed school. In order to prevent them from suffering academic losses, 1,500 students from these 62 schools were accommodated and transferred to adjacent schools.

Anita Jadhav, the primary section supervisor at Prerana School in Sakinaka, who had an open heart surgery some years ago, says the school supported her throughout the course of her treatment. “Even during the pandemic, the school continued paying our salaries,” she shares

This brought the total number of unauthorised schools in the city to 194.

Sixteen more unauthorised schools were identified and added to the list in the year 2023. As per sources, around 30,000 students study in these 210 schools.
 
A severe crackdown began after the Director of Education (Secondary and Higher Secondary Schools) Krishna Kumar Patil, in an order to his divisional subordinates in January this year, stated that there should be no unauthorised schools in the state by the next academic year. On April 25, Deputy Director of School Education (Mumbai) Sandeep Sangave issued a notification directing officials to shut down such schools by April 30 and submit a report. On May 4, another notification was issued by Sangave, stating that officials who failed to take action against unauthorised schools in their jurisdiction would be named as co-accused in the FIR against the school management.

The Citizen Primary School, started in 1987, is yet to receive state recognition. “We submitted a request for recognition in 2003. When we didn’t get the clearance, we applied again in 2008,” says Khan. By then the rules had changed. “Year after year, the checklist and criteria for obtaining recognition keeps increasing. It’s difficult to keep up with these new rules” 

In June this year, the Education Department of the BMC closed 22 from the list of 210 unauthorised private schools in Mumbai. Action was taken against these schools as per the rules stipulated under Section 18 (5) of the Right to Education (RTE) Act, 2009. According to this section, any person or organisation that establishes or runs a school without obtaining a certificate of recognition, or continues to run a school after withdrawal of recognition has to shut down and shall be liable to a fine, which may extend to Rs 1 lakh and in case of continuing contraventions, Rs 10,000 each day.

The number of unauthorised  schools have now come down to 187 in Mumbai city.

In July, owners of these schools came together under a federation—School Management Federation—demanding relaxations in criteria for obtaining recognition. 

According to the federation, most of these schools are located in slums, where it is impossible to own land measuring 5,000 sqft. Also, with the schools charging minimum fees, they claim it’s impossible to own hefty fixed deposits. “It is unfair to shut down schools, which are providing slum-children affordable access to education, on the basis of some technicalities,” says Shabana Khan, a member of the federation.

Devendra Hande, owner of Prerana English School, Sakinaka, Andheri East, which has been declared unauthorised, has been getting 100 per cent results in the SSC board exams

Last month, the federation met with School Education Minister Deepak Kesarkar with a plea to relax a few parameters and put a stay on the closure order. “These students come from economically weaker sections. We barely make any profit. Sometimes we incur more expenses towards maintenance and teachers’ salary,” adds Khan, who is the Founder and Principal of VK English School. The school follows the state board curriculum. “We are under a nonprofit public trust and are registered with the charity commissioner. We also have a UDISE+ number that many schools don’t have.” The Unified District Information System for Education Plus (UDISE+) is one of the largest Management Information Systems initiated by Department of School Education and Literacy, Ministry of Education, Government of India, covering more than 14.89 lakh schools, 95 lakh teachers and 26.5 crore children. The online system has been collecting data related to each school in real-time since 2018-19.

Devendra Hande, owner of Prerana English School, Sakinaka, Andheri East, says they have been doing everything that a recognised school would do. “Even more at times,” he says. “We are getting 100 per cent results in SSC board exams.”

Hemangi Joshi, Suraj Mandhare, Abu Azmi and Kapil Patil 

Some of the unauthorised schools have already obtained recognition for secondary classes (Class V to X) and are even running Hindi/Marathi medium schools that are fully aided by the government. However, primary sections on the same premises are not recognised citing lack of infrastructure and other 
miscellaneous criteria.

School managements blame the disparity in regulations of the state’s Education Department and BMC education department. As per rules, secondary schools come under the purview of state school education department (Deputy Director of School Education), whereas primary schools are under the BMC Education Department.

The Citizen English School in Govandi is run by the Universal Welfare Trust. The trust is in charge of two other schools—the Unique Hindi High School  (recognised and fully aided by the government) and the Citizen Primary school, which was started in 1987, and has no government recognition to date.

Speaking with mid-day, Mohammed Saeed Akbar Khan, founder trustee of Universal Welfare Trust says, “Back in 1986, we were running the English school and the Hindi medium school. We applied for the primary school in 1987, and submitted a request for recognition in 2003. When we didn’t get the clearance, we applied again in 2008.” By then the rules had changed. “They asked us for a slum certificate or an NOC from the land owner (BMC). Since this is a rented premises, the BMC didn’t give us a certificate. Year after year, the checklist and criteria for obtaining recognition keeps increasing. It’s difficult to keep up with these new rules.”

According to him, since 1986, over 3,500 students have cleared SSC from the two schools. “We have to get an affidavit for students who clear our primary section [unrecognised] and move to our secondary section [recognised], so that they can appear for the SSC exams.” 
 
Noted education activist and Convener of the RTE Maharashtra Forum, Hemangi Joshi, feels that students are going to be the biggest sufferers in the tussle between state and school authorities.

“In the 1990s, when the Maharashtra government wanted to address the issue of accessibility of schools, it allowed smaller teaching centres/schools in padas and remote places. Then, the Sarva Shiksha Abhiyan came in, which promoted education for all. Once the accessibility issue was addressed, the RTE Act came into effect,” says Joshi.  

While the RTE norms state that there should be no unauthorised schools, “it doesn’t define what are  unauthorised schools”. The RTE Act, Joshi says, only specifies what facilities these schools need to obtain recognition.

“By 2015, the state government announced Continuous Comprehensive Evaluation. All these are benchmarks and parameters for quality education. But implementing these parameters at the school level needs a lot of money—minimum R35,000 per student annually sans profit. And if one includes profit, you’d need to add another Rs 20,000 per student. This will not be affordable for students, especially those from economically weaker sections.”

Joshi says that parents have lowered their expectations for quality education. “Many feel attending an English medium school even if it is unauthorised, is good enough. The government needs to reach out to these slums and ensure that kids receive quality education in government schools.”

Abu Azmi, MLA of Govandi-Mankhurd constituency, alleges that the state’s measures are directed at ending affordable education. “Running these schools is not easy. These schools operate out of premises located inside the slums and charge anywhere between Rs 200 and Rs 500 as fees per month,” he says. “If the BMC schools would have focussed on providing quality education, these students wouldn’t have to go to private schools.”

Azmi also claims that the corruption in the education system of the state was deep-rooted. 

“In Anjuman Riyaz-ul-Islam school [a privately-aided school], Govandi where I am a trustee, we had applied for approval of one of the teachers in 2019, and later again in 2020. However, the approval was not granted, as an official in the state education department demanded R10 lakh.” Azmi also raised the issue in the Assembly recently, following which the Education Inspector of North Zone, Urmila Pardhe, was suspended.

During the recently concluded legislative assembly and council sessions, where the restrictions encountered by these schools were mentioned, Member of Legislative Council Kapil Patil was one of the few leaders who brought up the issue for discussion. “Due to their location in a slum, these schools are unable 
to meet the requirements of the Maharashtra Self-Financed Schools (Establishment and Regulation) Act, 2012. I believe that only institutions with high fees would be able to meet these requirements. I have nothing against following rules in order to be recognised. But, setting standards that these schools cannot meet is unfair. In my opinion, they need trained and qualified teachers and clean, suitable facilities to operate a school in order to be recognised; the rest can be worked out,” says Patil. 

Even as the BMC claims to be upgrading and rebranding its education system, civic-run primary schools in the city are facing a shortage of teachers. The civic body has 5,587 vacant positions for the teaching staff, accounting for around 42 per cent of the total requirement, according to data provided by the BMC in an RTI reply in March this year.

Marathi medium schools account for the most vacancies at 2,059 (64 per cent), followed by Urdu medium schools at 1,207 vacancies (37 per cent), and Hindi and Gujarati medium schools with 26 per cent and 23 per cent vacancies respectively.

As per an RTI reply received in December 2022 by Girgaon-based activist Jeetendra Ghadge of the Young Whistleblowers Foundation, of the overall 13,420 teaching posts in various mediums and subjects like physical education, arts, craft, music etc, 5,587 posts are vacant.

Speaking to mid-day, a senior official from the BMC education department, admitted that there is a shortage of teachers in BMC schools. “We are waiting for the state government to fill these vacancies. We have asked the school principals to hire teaching staff on contract basis.” The official claims that the number of new admissions in BMC schools is increasing every year. The total number of students in BMC schools across Mumbai in 2023 stands at 3,79,544, of which 97,500 are new admissions. 

According to BMC officials, most of the teachers teaching at these unauthorised schools are untrained and unqualified. “Even after having a BEd and DEd, clearing the Teachers Eligibility Test (TET) is mandatory under the RTE Act. Many teachers from these unrecognised schools haven’t cleared that test yet.”

Another official says that at this point, they can’t compromise on the quality of education. “We have to think rationally.  To be recognised, schools must submit an application and adhere to certain standards set forth by the government.” The official says that rules have been relaxed in the past. “For Mumbai, the previous land criteria requirement under the  Maharashtra Self-Financed Schools (Establishment and Regulation) Act, 2012 was 20,000 sqft. We lowered it to 5,000 sqft in 2016-17. 

These standards are put in place to make sure schools have appropriate funding and don’t shut down after obtaining recognition, endangering students’ academic future.”

State Education Commissioner Suraj Mandhare, however, assures that they are treating the issue as sensitively as possible. “These are not just random raids on bars and illegal joints that we can shut down. These are schools—we have to think about the students and teachers involved.”

According to him, the issues concerning unauthorised schools run deep. “Last year, we came across three schools, following CBSE curriculum, having fabricated documents. We decided to scrutinise all CBSE schools in the state. During this process, 

we came across 1,365 schools with some or the other discrepancy. Some schools were found to be operating from slums, some were involved in fraud, and others that had already obtained affiliation did not have the state’s NOC,” says Mandhare, adding, “There are around 400 other schools in the state, which are involved in blatant crimes like forgery and fabrication of documents; they will not be spared.” 

He says that the state government is trying to find a feasible solution. “I have given a proposal to the state to review the parameters, so that schools occupying less than 5,000 sqft area or with smaller FDs, having qualified teachers, can be regularised,” he said, “The state government has in principle approved the proposal.” 
While the state is grappling with the dearth of teachers in its own schools, a parallel intervention with civic and government schools in Mumbai, Navi Mumbai, Pune and Nagpur has been successfully running for around three decades now.

Civic and state schools jointly run by NGO Akanksha Foundation not only boast of teacher retention of 82 per cent (in 2022-23), but also have a waiting list for admissions. The NGO runs about 26  schools in all.

Speaking about their intervention, Sheetal Murudkar, Director of Schools at the Akanksha Foundation says, “We work very closely with the government and civic bodies. While students are on the government’s roll, teachers are on Akanksha Foundation’s roll.” The NGO has been providing continuous support to the teachers through its professional development programme, which it conducts twice every year for seven to 10 days each. “The teachers are continuously observed for classroom culture, instructions, behavioural management and feedback is then given to them. We do not rely on their educational qualifications alone, but take demos, where we try to gauge their openness for learning. We have school reviews that happen twice a year—the beginning and at the end of the academic year where schools get formal reports. All these factors have led to a successfully high teacher retention and ensured maintenance of quality of 
education, too.”

2/40
No. of English medium schools out of total BMC schools in M East Ward of Chembur, Deonar, Govandi and Mankhurd]

22
No. of civic schools that the education department of the BMC shut in June this year

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