QUESTION

(a) the steps taken by the Ministry to address the issue of arbitrary raise in fees by private schools and
other malpractices, if so, the details thereof;
(b) whether there are any plans to bring a new legislation or formulate rules safeguarding the interests
of students and their parents from exploitative tactics used by schools and other stakeholders; and
(c) whether there is any mechanism for grievance redressal for students and their guardians being
provided by Government, if so, the details of how many complaints have been received and resolved
till now?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF EDUCATION (SHRI JAYANT CHAUDHARY)

(a): Education is a subject in the Concurrent List of the Constitution. Schools, other than those owned/funded by the Central Government, are under the jurisdiction of the respective State Governments. Therefore, matters relating to fees charged by private schools and related issues are regulated in terms of Rules and Instructions of the respective State Government concerned. The CBSE Affiliation Bye-Laws 2018 also stipulate that fee revision in schools is subject to the laws and regulations of the respective State/UT Government. The Bye-Laws require express approval from the School Management Committee or adherence to the process prescribed by the Appropriate Government for any fee revision. (b) & (c): As the regulation relating to fees charged by private schools falls under State jurisdiction, the rules/regulations for safeguarding the interests of students and their parents; and taking necessary action against the violating schools comes under the jurisdiction of the respective State Governments. However, under the Right of Children to Free and Compulsory Education (RTE) Act, 2009, every child, of the age of six to fourteen years, has a right to free and compulsory elementary education in a neighbourhood school. Section 12(1) (c) of the RTE Act, 2009 mandates reservation in private unaided schools for children belonging to weaker sections and disadvantaged groups to the extent of at least 25% seats at entry level and provision of free and compulsory elementary education to such children till its completion. Also, Section 13 of the RTE Act, 2009 clearly prohibits the collection of any capitation fee.