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The Ministry of Education, on Wednesday, stated that the rules and regulations for fees charged by private schools, rules and regulations to safeguard
students' and parents' interests, and actions against schools that violate them come under the jurisdiction of state governments and Union Territory administrations. Responding to the questions raised in the Rajya Sabha, the Minister of State for Education, Jayant Chaudhary, said that education is a subject under the Concurrent List of the Constitution. Therefore, schools that are not established, owned or controlled by the Central Government function under the jurisdiction of the respective state government or UT administration.
States Have Key Role in Regulating Private School Fees
The Central Board of Secondary Education (CBSE) has introduced bye-laws for all of its affiliated schools. The law regulates various aspects of school administration, which includes fee-related matters. The bye-laws require express approval from the School Management Committee or adherence to the procedure prescribed by the appropriate government before fees can be revised.
Alongside, the board has also taken steps to prevent schools from exploiting parents through mandatory purchases. As per the board guidelines, schools have been prohibited from forcing students to purchase books, uniforms, or stationery from specific vendors with the aim of reducing the financial burden on parents.
RTE Act Provides Additional Protection to Students
According to the Right of Children to Free and Compulsory Education (RTE) Act, 2009, every child between the age of six and fourteen years has the right to free and compulsory elementary education in a neighbourhood school.
The Section 12(1)(c) of the RTE Act mandates reservation in private unaided schools for children who belong to weaker sections and disadvantaged groups with atleast 25% of entry-level seats and provide them free and compulsory elementary education until its completion.
The ministry also highlighted the Section 13 of the RTE Act, which prohibits schools from any collecting capitation fees.
It also emphasised that the private universities are established through Acts of the respective state legislatures and are governed by their respective Acts and rules and regulations framed by the state government.
“Institutions deemed to be Universities are regulated by UGC (Institutions deemed to be Universities) Regulations, 2023. Regulation 24.B.(2) mandates that these institutions follow rules on fee structure and seat numbers set by relevant statutory bodies,” the official press released read.
