Education in India is treated as a service for the public good and not as a commercial enterprise. In view of this object, the State Education Laws require that only a non-profit entity operate a school with certain restrictions and regulations regarding its operation. Even if the schools are private charter schools, they are governed, to some extent, by the State Education Laws of the respective States where the schools are established.

In order to provide free and compulsory education and equal opportunities to all children aged six to fourteen, the Parliament of India has enacted the Right of Children to Free and Compulsory Education Act, 2009 and its regulations (” Law and regulations RTE”). . In terms of the RTE Act and Rules, each school, other than a school established, owned or controlled by the Central Government, relevant government or local authority, shall be established after obtaining a certificate of recognition from the Director of Education (“DEO”), by submitting an application/self-declaration confirming compliance with the prescribed norms and standards and compliance with the following conditions:

(i) the school will be administered by a public charitable trust or corporation;

(ii) the school will not be operated for profit by any individual, group or association of any individual or any other person;

(iii) the school will conform to the values ​​enshrined in the Constitution of India;

(iv) school buildings or other structures or grounds will be used solely for educational and skill-building purposes;

(v) the school will be open to inspection by any official authorized by the appropriate government or local authority; and

(vi) the school will provide such reports and information as may be required from time to time and will comply with the instructions of the relevant government or local authority, which are issued to ensure continued compliance with the condition of recognition or the removal of the deficiencies in the functioning of the school.

Subject to compliance with the above standards and verification by on-site inspection of school facilities, the DEO issues a certificate of appreciation that is valid for three years from the date of issuance. Any school that does not comply with the norms, standards and conditions established above within a period of three years from the entry into force of the Law and the RTE Rules will cease to operate. Anyone who establishes or runs a school without obtaining a certificate of recognition or continues to run a school after the withdrawal of recognition will be subject to a fine which may range to Rs 1,00,000/- (One Lac Rupees) and in case of contravention continues, to a fine of Rs 10,000/- (ten thousand rupees) for each day during which such offense continues.

The RTE Act makes certain fundamental changes to the Indian education system and makes recognition conditional on the following conditions being met:

(i) Education for All: Reserve: It is mandatory that each unaided school admit into Class I or the preschool class, as the case may be, to the extent of at least 25% of the strength of that class, children belonging to to the weakest section and the disadvantaged group of the neighborhood and to provide free and compulsory primary education until its completion. The unaided school providing free and compulsory primary education, as mentioned above, shall be reimbursed for the expenses incurred by the school, to the extent of the expenses per child incurred by the State, or the actual amount charged to the child, whichever let it be less

(ii) Capitation Fee: When admitting a child, the trust/school is not permitted to charge any capitation fee and subject the child or his/her parents or guardians to any selection procedures. Any school or individual who receives a capitation fee will be penalized with a fine that can extend up to ten times the capitation fee charged. Furthermore, if any school or person submits a child to a selection procedure, it shall be punishable by a fine which may range to Rs 25,000/- (Rs twenty five thousand) for the first offense and Rs 50,000/- (Rs fifty thousand ) each for subsequent violations.

(iii) Detention of Students: The school is obligated not to deny admission to any child for lack of proof of age and no admitted child shall be retained in any class or expelled from the school until the completion of primary education. The child will not be required to pass any board examination until he completes primary education in a school and will be subject to physical punishment or mental harassment.

(iv) Pupil-Teacher Ratio: Each school would need to maintain the pupil-teacher ratio stipulated in the Law and the RTE Rules. In addition, the RTE Act and Rules also prescribe certain norms and standards related to the number of teachers; school construction requirements; minimum number of working days/instructional hours in an academic year; minimum number of working hours per week for teachers; teaching-learning equipment library requirements; and play equipment, games and sports equipment, which the school must comply with for the continued recognition of the school.

Failure to adhere to the prescribed norms and standards may result in the withdrawal of the recognition granted to said school.

The main focus of the Government of India in enacting the TEN Act and Rules is to make good primary education available to each and every child irrespective of their socio-economic background and private unaided schools are aimed at play an active role under public-private partnership in achieving this goal.

seema jhingan